The Subclass 482 Temporary Skill Shortage (TSS) visa enables employers in Australia to sponsor suitably skilled overseas workers to fill positions in their business where they are unable to meet this need from the local employment market. And although the TSS visa is only temporary, it provides a pathway to a permanent residency visa after two years via the Subclass 186 Employer Nomination Scheme (ENS) visa under the Temporary Residence Transition (TRT) stream.
The TSS visa program consists of a short-term stream, medium-term stream and labour agreement stream. The visa stream that is applied for will determine the subclass 482 TSS visa period. Each TSS visa stream is subject to its own requirements.
In this article, we take a look at how the subclass 482 TSS visa works, including the short-term stream, medium-term stream and labour agreement stream, eligibility for permanent residency for TSS visa holders and the key features and requirements of the subclass 482 TSS visa. We also provide links to further information so that you can learn more about how the subclass 482 TSS visa operates.
First up, how do the subclass 482 TSS visa streams work?
TSS Visa Streams
The Subclass 482 TSS visa comprises of three visa streams, as set out below:
- Short-term stream visa – if the occupation which you are seeking to nominate is included on the Short-term Skilled Occupation list (STSOL). As the sponsoring employer, you must be an approved Standard Business Sponsor;
- Medium-term stream – if the nominated occupation is included on the Medium and Long‑term Strategic Skills List (MLTSSL) or on the Regional Occupation List (ROL). As the sponsoring employer, you must be an approved Standard Business Sponsor to nominate a foreign worker under the medium-term stream; and
- Labour Agreement stream – here as the sponsoring employer, you need to enter into a labour agreement with the Department of Home Affairs. This is an alternative to the Standard Business Sponsorship application which is required to sponsor workers under the short-term or medium stream 482 visa.
What Is The TSS Visa Period?
Short Term Stream Visa
A short-term stream visa may be granted for a period of up to two years, or up to four years if an International Trade Obligation (ITO) applies.
Medium Term Stream Visa
A TSS visa granted under the medium-term stream will have a stay period of up to four years in Australia.
Labour Agreement Stream Visa
A labour agreement stream TSS visa will be granted for up to a maximum of period of four years, depending on the terms of the labour agreement.
When Does A TSS Visa Provide A Pathway To Permanent Residency?
All TSS visa holders are eligible for permanent residency after two years under the ENS visa program under the TRT stream.
To qualify, they must have worked on a full-time basis for their TSS visa sponsoring employer for at least two out of the last three years.
Nominated Occupation Is In A Labour Agreement
Alternatively, your sponsored employee may be eligible for permanent residency via the ENS visa program under the labour agreement stream if they hold a TSS visa in the labour agreement stream and the labour agreement includes an option for permanent residency.
How Can You Sponsor Foreign Workers For A TSS Visa?
As an employer, you may be able to sponsor workers under a Standard Business Sponsorship or a Labour Agreement.
To sponsor under the short-term stream visa or medium-term stream, your business must be an approved Standard Business Sponsor.
Alternatively, to sponsor foreign workers under the labour agreement stream, your business must have an executed labour agreement in place.
What Is A Labour Agreement?
Under a labour agreement, an employer can sponsor suitably skilled overseas workers for an employer sponsored skilled visa in accordance with the terms which have been negotiated with the Department in the executed labour agreement. A labour agreement generally provides greater flexibility compared with the standard business sponsorship option as it provides some capacity for employers to negotiate the terms of the labour agreement based on their individual needs (within certain parameters).
To learn more about labour agreements, including the different types of labour agreements and the process for applying for one, please refer to our Labour Agreement Visa article.
If your business enters into a labour agreement with the Department, you will be bound by its terms, as well as the general sponsorship obligations that apply to standard business sponsors.
Please refer to our article about How To Become A Sponsor to learn about the different ways in which your business may sponsor foreign workers. Please also see our Guide To Australian Sponsorship Visa Costs for information about the costs you can expect to incur if you proceed with the TSS sponsored visa option.
How Can You Apply To Sponsor Workers For A TSS Visa?
To apply for a TSS visa, three applications must be lodged, as follows:
- as the sponsoring employer, you must apply for, and be approved as, a standard business sponsor. Alternatively, you may enter into a labour agreement with the Government. One of the main benefits of a labour agreement is that it provides more flexible terms to the standard visa programs;
- you must also apply to nominate the overseas worker for the position; and
- the overseas worker must separately apply for the Subclass 482 TSS visa.
All three applications may be lodged at the same time. But if your business already has an approved sponsorship or labour agreement in place, only a nomination and visa application are required to be submitted to the Department (sponsorships and labour agreements generally last for a period of five years).
Some of the main requirements that must be met to sponsor a foreign worker for a subclass 482 TSS visa are set out below.
Sponsorship Application
As the prospective sponsoring employer, you must be lawfully operating a business, and have a strong record of, or a demonstrated commitment to, employing local labour, and declare that you will not engage in discriminatory recruitment practices. There must also be no adverse information known to the Department about your business, or a person associated with you (or it is reasonable to disregard this information).
Alternatively, you may apply for a labour agreement. If your business is located in a regional part of Australia, then you may consider applying for a Designated Area Migration Agreement (DAMA).
In South Australia, there are two DAMA’s that are currently in place:
- The Adelaide City Technology and Innovation Advancement Agreement – this covers the Adelaide metropolitan region and focuses on Adelaide’s high-tech growth industries, with occupations in the defence, space, advanced manufacturing and technology industries; and
- The South Australian Regional Workforce Agreement – this covers the entire state of South Australia, with occupations in the regional high growth industries in agribusiness, forestry, health and social services, aged care, hospitality, tourism, mining and the construction sectors.
The DAMAs in South Australia provide more opportunities for you to sponsor foreign workers for an employer sponsored visa.
For further information on the DAMAs in South Australia, please see the following articles:
South Australia DAMA Occupation List
DAMA South Australia Occupation List
DAMA Visa South Australia Requirements
To learn more about labour agreements, including the different types of labour agreements and the process for applying for one, please refer to our Labour Agreement Visa article.
Nomination Application
As the sponsoring employer, you must satisfy a number of prescribed requirements for nomination approval, which include the following:
- the entity must be an approved sponsor 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 to the Department 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 for the proposed sponsored worker;
- the proposed sponsored employee 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 proposed sponsored employee’s 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.
Visa Application
Short Term Stream Visa
The key requirements to be met by the proposed sponsored worker for grant of a subclass 482 short-term stream visa include that they must:
- demonstrate that they have at least two years of employment experience in the nominated occupation or in a related field (this 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;
- have a relevant skills assessment (if required for your occupation);
- meet the genuine temporary entrant requirement. This is concerned with ensuring that the proposed sponsored employee intends to genuinely reside in Australia temporarily and to comply with their visa conditions; and
- meet an English language requirement (unless they qualify for an exemption).
The nomination application must also be approved.
Medium Stream 482 Visa
The key requirements to be met by the proposed sponsored employee for grant of a medium stream 482 visa include that they must:
- demonstrate that they have at least two years of employment experience in their 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 their nominated occupation must be included on the MLTSSL;
- have a relevant skills assessment (if required for their nominated occupation); and
- meet an English language requirement (unless they qualify for an exemption).
The nomination application must also be approved.
Labour Agreement Stream
The key requirements to be met by the proposed sponsored employee for grant of the subclass 482 visa under the labour agreement stream include that they must:
- demonstrate that they have at least two years employment experience in their nominated occupation or in a related field (this can be disregarded if the labour agreement specified otherwise);
- have a relevant skills assessment (if required according to the labour agreement) and
- 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.
The nominated occupation must be included in a labour agreement between the sponsoring employer and the Government.
Get More Information
To learn more about the TSS visa program, please refer to our Subclass 482 – A Guide to Temporary Skill Shortage article.
For further information on the subclass 186 ENS visa, we recommend that you refer to our article on the Employer Nomination Migration Scheme.
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
Migrate To Australia As A Pig Farmer Or A Senior Piggery Stockperson
Migrate To Australia As A Small Engine Mechanic
Migrate To Australia As A Sandblaster
Employer Sponsored Regional Visa
For information on the subclass 494 regional employer sponsored visa, please see the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Requirements For Regional Employer Sponsored Skilled Visas
Employer Sponsored Visa
To learn about an employer sponsorship visa, please see the following articles:
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
How To Renew 482 Visa And Extension Limitations
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
Skilled Visa
To learn 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 how you may be able to sponsored skilled overseas workers for a subclass 482 TSS visa, including further information about the short-term stream visa, medium stream 482 visa and the labour agreement stream, as well as the temporary subclass 482 visa short term stream to PR pathway.
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In conclusion, we note that the above discussion provides an overview of how the subclass 482 TSS visa works, including the short-term stream visa, medium stream 482 visa and labour agreement stream, when a TSS visa holder may be eligible for an ENS visa (including a new temporary measure which provides a subclass 482 visa short term stream to PR pathway) and the key features and requirements of the subclass 482 TSS visa. We also provide links to further information so that you can learn more about how the subclass 482 TSS visa operates.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in sponsoring a worker from overseas for your business and would like to find out more about the subclass 482 TSS visa program, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice about sponsoring skilled workers for a subclass 482 TSS visa, including the short-term stream visa, medium stream 482 visa and labour agreement stream and new temporary measure which provides a subclass 482 visa short term stream to PR pathway, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
