The Subclass 482 Temporary Skill Shortage visa, also referred to as a TSS visa, is an employer sponsored temporary visa which permits the visa holder to live and work in Australia for a period of up to either two or four years (depending on the stream under which you apply). The TSS visa may also be renewed onshore to extend your stay in Australia.
Also keep in mind that a subclass 482 visa renewal is sometimes referred to as a subclass 482 visa extension, even though technically, you cannot extend an existing visa; you can only apply for a new visa (unless you are a Hong Kong passport holder, in which case special rules apply to extend your skilled visa in prescribed circumstances).
In this article, we discuss how the subclass 482 TSS visa works, including some of the key eligibility criteria and how to apply for a TSS visa. We also examine how to renew a 482 visa as well as how many times can you renew a 482 visa.
But let us begin by taking a look at why the TSS visa program was introduced.
What Is The Purpose Of The TSS Visa Program?
The TSS visa program is designed to fill temporary skill shortages in Australia, by allowing employers to sponsor appropriately skilled overseas workers where they are unable to source these skills in the local labour market. The program is not open to all occupations but is targeted only to selected skilled occupations that are experiencing labour shortages. As the supply and demand pressures for labour changes from time-to-time, so too will the selected occupations that can be nominated for the TSS visa, such that it mirrors and responds to the changing needs of the Australian labour market.
Employers may also be able to sponsor foreign workers under a labour agreement. The benefit of a labour agreement is that it provides greater flexibility to employers compared with the standard skilled visa programs as it enables employers to negotiate terms for sponsoring workers that take into account their individual circumstances. A labour agreement can be used to employ overseas workers in new or emerging occupations that are not defined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) (which is the framework for classifying and defining occupations for migration purposes). They may also be able to secure certain concessions, such as work experience, English language and age requirements.
Permanent Residence Pathway Through The TSS Visa
The subclass 482 visa provides a pathway to permanent residence following two years, through the Subclass 186 Employer Nomination Scheme (ENS). The ENS visa comprises of a Temporary Residence Transition stream (TRT), which is specifically designed for TSS visa holders (and its predecessor, the subclass 457 visa) who have worked full-time for their sponsoring employer for two out of the last three years.
Alternative Permanent Residency Pathways
Other permanent residence visa option like state sponsorship may also be available. For example, you may consider applying for the ENS visa through an alternative stream, such as the Direct Entry (DE) or Labour Agreement stream.
How Does The TSS Visa Work?
The TSS visa comprises of the following three streams:
- Short-term stream – if the nominated occupation is included on the Short-term Skilled Occupation list (STSOL);
- Medium-term stream – if the nominated occupation is included on the Medium and Long-term Strategic Skills List (MLTSSL);
- Labour agreement stream – which requires the sponsoring employer to enter into a labour agreement with the Government.
You must meet specified eligibility criteria for one of the above streams to qualify for a subclass 482 visa.
The TSS employer sponsored visa program involves a three-stage application process, all of which must be approved for a successful application. These are as follows:
- Sponsorship application – to be lodged by your proposed sponsoring employer;
- Nomination application – to be lodged by your proposed sponsoring employer; and
- Visa application – to be lodged by the visa applicant.
All of the above applications can be lodged at the same time.
As employer sponsorship approvals generally last for 5 years, if your proposed employer is already an approved sponsor at the time of application lodgement, then only a nomination and visa application will be required.
What Is Required For The Sponsorship Application?
The first step in this process is for your proposed employer to obtain approval as a Standard Business Sponsor (SBS). The employer must satisfy a number of specified requirements for sponsorship approval, which include the following:
- Lawfully operating a business;
- Having a strong record of, or a demonstrated commitment to, employing local labour, and declaring that they will not engage in discriminatory recruitment practices; and
- There is no adverse information known to the Department of Home Affairs (the Department) about the employer or a person associated with the employer, or it is reasonable to disregard such information.
Overseas businesses can also apply for sponsorship if they seek to establish, or assist in establishing, a business operation in Australia with overseas connections; or to fulfil, or assist in fulfilling a contractual obligation.
A wide range of business structures is acceptable for sponsorship purposes, including sole traders, partnerships, companies (public and private) and non-profit organisations.
Please refer to our article on How To Become A Sponsor for further information.
Accredited Sponsor
As part of the sponsorship application process, certain entities may apply for accredited status if they meet additional requirements. As an accredited sponsor, an entity will receive priority processing for all applications lodged under the TSS visa program, as well as streamlined processing of certain nomination applications. The entity’s applications will be processed ahead of other non-accredited nomination and visa applications, which in most cases will be within five days.
What Happens If An Entity Is Approved As A Sponsor?
A successful application will result in sponsorship approval being granted for a period of five years. This will allow your proposed employer to apply to nominate you for a position in their business. It will also be able to nominate other overseas workers under the TSS program (provided all relevant requirements are satisfied).
As a condition of their sponsorship approval, a sponsor is required to abide by a number of specified sponsorship obligations.
These include:
- cooperate with Department inspectors (can include providing access to business premises and providing requested documents);
- retain records (in relation to compliance with sponsorship obligations); and
- notify the Department of certain events in relation to the entity (including changes to the business name, legal structure and insolvency, etc.) and in relation to the TSS visa holder (including cessation of the employment arrangement or when the duties of the nominated position change).
These obligations commence from the date of approval, extending up to five years following the end of the sponsorship approval.
The Department monitors sponsors to ensure compliance with these obligations, and sanctions may be applied where breaches have occurred. Penalties can include cancellation of sponsorship approval and financial penalties.
How Much Does It Cost To Apply For Sponsorship?
The current sponsorship application lodgement fee is $420. A payment surcharge may also be applied, with the percentage rate dependent on the method of payment.
What Is Required For The Nomination Application?
The second stage of the application process seeks approval to nominate you for the position which your proposed employer is seeking to fill.
The employer must satisfy a number of specified requirements for nomination approval, which include the following:
- The entity must be an approved sponsor (as discussed above) or have a labour agreement in place;
- The entity must nominate an occupation from a list of eligible skilled occupations, or as specified in a labour agreement;
- There must be no adverse information known about the business or any person associated with the business;
- The position must be genuine and generally, full-time employment;
- The entity must provide a written contract of employment;
- The proposed applicant must be employed as a direct employee, or as an employee of an associated entity if the entity is an Australian business sponsor;
- Meet requirements relating to the nominated salary and employment conditions;
- Provide evidence of Labour Market Testing where required (this relates to advertising in the local labour market); and
- Not engage in discriminatory recruitment practices.
How Much Does It Cost To Apply For A Nomination?
The current nomination application lodgement fee is $330. A payment surcharge may also be applied, with the percentage rate dependent on the method of payment.
The sponsoring entity must also pay a Skilling Australians Fund (SAF) levy at the time of lodgement of the nomination application. The amount payable will depend on the turnover of the business and the proposed term of the TSS visa. The SAF rates are set out in the table below.
| Visa period | Business turnover of less than $10 million | Business turnover is equal to or more than $10 million |
| One year | $1,200 | $1,800 |
| Two years | $2,400 | $3,600 |
| Three years | $3,600 | $5,400 |
| Four years | $4,800 | $7,200 |
What Is Required For The Visa Application?
The final stage in this process is lodgement of the visa application itself. To qualify for a visa grant, you will need to demonstrate that you are appropriately qualified and have the skills required to perform the nominated position. You must satisfy the English language, health and character requirements. Specific criteria also apply to each stream. An age limit does not apply to this visa (although be mindful that age limits apply to the ENS visa if you are planning to apply for permanent residence in the future).
Short-term Stream
Requirements for visa grant include the following:
- The nomination application must be approved;
- You must demonstrate that you have at least two years work experience in the nominated occupation or in a related field (should generally be full-time employment completed in the last five years, although the Department may consider part-time employment). The nominated occupation must be included on the STSOL;
- You must meet the Genuine Temporary Entrant (GTE) requirement. This is concerned with ensuring that you intend to genuinely reside in Australia temporarily and to comply with visa conditions; and
- You must meet an English language requirement (unless you qualify for an exemption).
Exempt applicants for English include:
- Passport holders from Canada, New Zealand, the Republic of Ireland, the UK and USA; and
- Completion at least five years of full-time study in a secondary or higher education institution where instruction was delivered in English.
- Non-exempt applicants must complete an English test and achieve the results as outlined in the below table:
| English Test | Minimum
Overall Band Score | Minimum scores for English test components | |||
| Listening | Reading | Speaking | Writing | ||
| IELTS | 5 | 4.5 | 4.5 | 4.5 | 4.5 |
| OET | B | B | B | B | B |
| TOEFL iBT | 35 | 3 | 3 | 12 | 12 |
| PTE Academic | 36 | 30 | 30 | 30 | 30 |
| Cambridge C1 Advanced Test | 154 | 147 | 147 | 147 | 147 |
The test must be completed within the last three years and the required minimum results achieved in a single attempt.
- The nominated position must be in the sponsor’s business, or in an associated entity in certain cases (exemptions apply).
Medium-term Stream
Requirements for visa grant include the following:
- The nomination application must be approved;
- You must demonstrate that you have at least two years work experience in the nominated occupation or in a related field (should generally be full-time employment completed in the last five years although the Department may consider part-time employment) and nominated occupation must be included on the MLTSSL; and
- You must meet an English language requirement (unless you qualify for an exemption).
Exempt applicants for English include:
- Passport holders from Canada, New Zealand, the Republic of Ireland, the UK and USA; and
- Completion at least five years of full-time study in a secondary or higher education institution where instruction was delivered in English.
- Non-exempt applicants must complete an English test and achieve the results as outlined in the below table:
| English Test | Minimum
Overall Band Score | Minimum scores for English test components | |||
| Listening | Reading | Speaking | Writing | ||
| IELTS | 5.0 | 5.0 | 5.0 | 5.0 | 5.0 |
| OET | B | B | B | B | B |
| TOEFL iBT | 35 | 4 | 4 | 14 | 14 |
| PTE Academic | 36 | 36 | 36 | 36 | 36 |
| Cambridge C1 Advanced Test | 154 | 154 | 154 | 154 | 154 |
The test must be completed within the last three years and the above results achieved in a single attempt.
- The nominated position must be in the sponsor’s business, or in an associated entity in certain cases (exemptions apply).
Labour Agreement Stream
Requirements for visa grant include the following:
- Your nominated occupation must be included in a labour agreement between your proposed employer and the Government;
- You must demonstrate that you have at least two years work experience in the nominated occupation or in a related field (this can be disregarded in accordance with the labour agreement); and
- You must meet an English language requirement, which is generally the same as that which applies to applicants in the short-term stream (unless the labour agreement specifies a different English language competency requirement).
Renewal Of A Subclass 482 Visa
There is no limit on how many times you can apply for a TSS visa from onshore.
How To Renew A 482 Visa
To renew a subclass 482 visa (whether it is lodged onshore or outside Australia), your sponsoring employer must lodge a new nomination application, and you must apply for a new TSS visa.
Including Family Members
You may also be able to include certain family members in your TSS visa application to accompany you to Australia. Persons who may be included are your:
- spouse (if you are married) or your de facto partner;
- child or step-child; and
- spouse or de facto partner’s child or step-child.
These are defined terms in the migration provisions, which should be confirmed when assessing your dependent’s eligibility to apply. Children and step-children aged 18 years and over are also subject to additional requirements to qualify.
Your nominating employer must also approve of nominating your family members as part of the nomination application.
How Much Does It Cost To Apply For A Subclass 482 Visa?
The current application fees for lodging a subclass 482 visa application are listed in the table below. These fees can change, and you should check the costs applicable to you before lodging your application.
| Stream | Application lodgement fees – Main Applicant | Application lodgement fees – Additional Applicants |
| Short-term stream | $1,455 | Under 18: $365
Over 18: $1,455 |
| Medium-term stream | $3,035 | Under 18: $760
Over 18: $3,035 |
| Labour agreement stream | $3,035 | Under 18: $760
Over 18: $3,035 |
A payment surcharge may also apply, with the percentage rate payable depending on the method used for payment.
Note that an ‘additional applicant’ refers to cases where another person is included in the application, for example, a spouse or child.
You should also be prepared to incur other costs in relation to your application, in addition to the lodgement fees noted above. These additional costs will depend on your personal situation and can include:
- Health examinations and specialist medical fees if issues are identified;
- Police clearances (costs and requirements will differ for each county);
- Translating original documents (required if they are not in English); and
- Professional fees if you engage a registered migration agent or an immigration lawyer to assist you with your application.
How Can You Apply For A Subclass 482 Visa?
You can lodge the application in Australia or offshore, and it must be submitted online.
If you apply onshore, you must hold either a substantive visa (which is generally any visa other than a Bridging Visa), or a Bridging Visa A, B or C. If you have a ‘No Further Stay’ condition 8503 on your current visa, you will be prevented from applying onshore (exceptions may apply).
Ensure that you attach all required documents at the time of lodgement. Failing to upload all documents at the time of lodgement can result in delayed processing or a refusal.
The online portal is also used by the Department to communicate with you in regard to your application, and you can also use this facility to notify the Department of changes to your circumstances, including new address or passport details.
What Happens If The Subclass 482 Visa Is Granted?
You can be located either in Australia or offshore for visa grant.
You will be subject to condition 8607, which requires that you work for your sponsoring employer in the nominated occupation for the term of the TSS visa (you may be able to work for an associated entity of the sponsor in certain instances). You must also maintain appropriate health insurance for the term of your stay in Australia.
You will also have unrestricted rights to travel to and from of Australia for the term of your TSS visa.
What Happens If The Sponsorship, Nomination And/Or Subclass 482 Visa Are Refused?
Your proposed employer may be able to appeal a decision to refuse either the sponsorship or nomination application. You may also have the right to appeal a refusal of the subclass 482 visa in certain circumstances. This process, which is referred to as a ‘merits review,’ is made to the Administrative Appeals Tribunal (AAT). There are strict requirements that govern review process procedures, including deadlines for when you must lodge your review application. If you make a mistake or miss the applicable deadline, you will lose the right to appeal.
The AAT will review your application and documents that were lodged with the Department and can also consider further information that you provide with your review application. The Tribunal will apply the same legislative provisions as the Department in deciding your case.
The Tribunal may set aside, vary or affirm the Department’s original decision, or it may remit your application to the Department for it to be reconsidered with specific directions.
If you or your proposed employer finds yourselves in this situation, it is vital that you act quickly to determine how you wish to proceed. If you decide to apply for a review, you should do so as a matter of priority.
Get More Information
Skilled Visa Options For Selected Occupations
Please refer to our series of articles on the skilled visa options that are available for selected occupations below:
Visa Options For Professionals
Skilled Trade Visa Options In Australia
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
Migrate To Australia As A Plastics Moulder Machine Operator, Fabricator, Welder Or Technician
Employer Sponsored Visa
Please refer to the following articles to learn about the Subclass 482 TSS visa and Subclass 186 ENS visa programs, including how do you become a sponsor and the sponsorship obligations:
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
Subclass 482 – A Guide to Temporary Skill Shortage
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
Skilled Visa
To learn more about applying for a skilled visa, please see the following articles:
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Visa Options For Professionals
Skilled Trade Visa Options In Australia
English Requirements For Skilled Visas
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
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Contact us to book a no-obligation consultation to find out more about applying for a subclass 482 TSS visa, including how to renew a 482 visa and how many times can you renew a 482 visa.
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In conclusion, we note that the above discussion provides an overview about the subclass 482 TSS visa, including some of the key eligibility criteria and how to apply for a TSS visa. We have examined how to renew a 482 visa as well as how many times can you renew a 482 visa. We also provide links to further information so that you can learn more about the subclass 482 TSS visa.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are seeking to apply for a TSS visa, as being fully informed will give you the best chance of achieving a successful outcome on your case. As has been illustrated in this article, it is also important to confirm where you need to lodge your TSS visa application if you are applying for a subclass 482 visa renewal. A migration professional can help you to do this.
For up to date advice on the employer sponsorship, nomination and subclass 482 visa applications, including an assessment of your eligibility for visa grant, the process for applying, how to renew a 482 visa as well as how many times can you renew a 482 visa, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
