At PAX Migration we provide a full-service case management for skilled visa applicants. We ensure our clients navigate the various milestones such as skills assessments, state sponsorship, skillselect expressions of interest and employer sponsorship.

Some of the things we do when we handle your skilled visa process for you:

  • Develop a strategy – we make sure you are applying for the best visa for you and that you will meet the requirements when the time comes to lodge your application
  • Case management of any skills assessment application (if required)
  • Analysis of points calculation to ensure you only claim points that you are able to evidence
  • Analysis of eligibility and applications for state sponsorship from any Australian state or territory
  • A complete analysis of employer sponsorship eligibility
  • Lodgement of expressions of interest in Skillselect on your behalf
  • evidence) for your application
  • Guidance on police checks, sponsor applications and health checks including when to arrange for them
  • Guidance on bridging visas (for our onshore clients) and work conditions on visas
  • Lodgement of your application on time and complete before any deadline
  • Deal with the Department of Immigration on your behalf

Which skilled visa is right for you?

There are broadly 6 skilled visa types (there are others designed for shorter stays), and there are special rules that apply to South Australian (including Adelaide) skilled applications. At PAX Migration we map your skilled visa pathway in our first meeting and provide a full-service case management right up until visa grant. We ensure our clients navigate all of the various milestones required such as:

  • skills assessments
  • state sponsorship
  • expressions of interest
  • English tests
  • work experience
  • employer sponsorship (note the new rules from March 2018 for employer sponsorship)

Which skilled visa is right for you? Learn more about the different types of visas below, and book a consultation to get the definitive word on your eligibility for a skilled visa.

Contact us today to book your initial consultation and start the process to obtain your skilled visa!

 

Subclass 482 visa - TSS Visa Programme

 

The purpose of this fact sheet is to provide a general overview of the subclass 482 visa and matters which you will need to address should you seek to apply for this visa. It focuses on the more common scenarios that normally arise for employer sponsors and subclass 482 visa applicants and therefore does not cover all possible options/scenarios. It is also beyond the scope of this discussion to provide a detailed description of all applicable factors you will need to consider. We therefore strongly recommend if you are considering applying for the subclass 482 visa, that you make the proper further enquiries to ensure that you are fully informed about your eligibility, the application process and the documentary evidence requirements that apply before you lodge your application. This will give you the best chance of a successful outcome, and potentially avoid unnecessary processing delays or a potential visa refusal. Getting it right the first time also means you avoid the loss of valuable time and money that comes with a visa refusal decision.

The Temporary Skill Shortage (subclass 482) visa, also referred to as the 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 2 or 4 years.

Purpose of the subclass 482 visa programme

The TSS programme 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 programme 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.

Permanent residence pathway

The subclass 482 visa may provide a pathway to a permanent residence following 3 years, through the Employer Nomination Scheme (ENS) subclass 186 visa, or the Regional Sponsored Migration Scheme (RSMS) 187 visa. Each of these visa subclasses comprises a Temporary Residence Transition stream (TRTS), 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 3 out of the last 4 years.

For applicants who do not have access to this pathway, other permanent residence visa options may still be available. For example, you may consider applying for the ENS or RSMS 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 the following 3 streams:

  • Short-term stream, if the nominated occupation is included in the Short-term Skilled Occupation list (STSOL);
  • Medium-term stream, if the nominated occupation is included in the Medium-term Skilled Occupation list (MTSOL);
  • Labour agreement stream, which requires the sponsoring employer to enter into a labour agreement with the Department.

You must meet specified eligibility criteria for one of the above streams to apply for the subclass 482 visa.

The employer-sponsored visa programme involves a 3-stage application process, all of which must be approved for a successful application. These are as follows:

  1. Sponsorship application – to be lodged by your proposed sponsoring employer;
  2. Nomination application – to be lodged by your proposed sponsoring employer; and
  3. 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 the nomination and visa applications 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 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.

As part of the sponsorship application process, certain entities may apply for accredited status if they meet additional requirements to become an accredited sponsor for TSS visa. As an accredited sponsor, an entity will receive priority processing for all applications lodged under the TSS visa programme, 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 5 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 5 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 programme (provided all relevant requirements are satisfied).

As a condition of their sponsorship approval, a sponsor is required to abide by a number of specified 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)
  • 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 5 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 a sponsorship?

The current sponsorship application lodgement fee is $420. A payment surcharge may also be applied, with the percentage rate dependent on your method of payment.

How long will it take for a decision to be made on a sponsorship application?

The current average processing time for sponsorship applications is between 38 and 64 days.

Note that this is approximate only and is subject to change. How long each application takes to process will also depend on the entity’s circumstances.

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);
  • 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 your 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 periodBusiness turnover of less than $10 millionBusiness 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

 

How long will it take for a decision to be made on a nomination application?

The current average processing time for nomination applications is between 35 and 39 days.

Note that this is approximate only and is subject to change. How long each application takes to process will also depend on the entity’s circumstances.

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 and RSM visa class 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 2 years work experience in the nominated occupation or in a related field (should generally be full-time employment completed in the last 5 years). 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
  • You must meet an English language requirement unless you qualify for an exemption.

Exempt applicants include:

  • Passport holders from Canada, New Zealand, the Republic of Ireland, the UK and USA
  • 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 testMinimum

overall band Score

Minimum scores for English test components
ListeningReadingSpeakingWriting
IELTS54.54.54.54.5
OETBBBBB
TOEFL iBT35331212
PTE Academic3630303030
Cambridge English: Advanced (CAE) 154147147147147

 

The test must be completed within the last 3 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 2 years work experience in the nominated occupation or in a related field (should generally be full-time employment completed in the last 5 years). The nominated occupation must be included on the MLTSSL. 
  • You must meet an English language requirement unless you qualify for an exemption.
  • Exempt applicants include:
  • Passport holders from Canada, New Zealand, the Republic of Ireland, the UK and USA
  • 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 testMinimum

overall band Score

Minimum scores for English test components
ListeningReadingSpeakingWriting
IELTS5.05.05.05.05.0
OETBBBBB
TOEFL iBT35441414
PTE Academic3636363636
Cambridge English: Advanced (CAE) 154154154154154

 

The test must be completed within the last 3 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 2 years work experience in the nominated occupation or in a related field (this can be disregarded in certain cases); 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 the subclass 482 visa

In certain cases, applicants may be restricted in the number of times they can renew a TSS visa whilst onshore. If you apply for a TSS visa under the short-term stream, you can renew your visa onshore once only (exceptions apply).

No such restriction applies to the medium-term stream.

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;
  • Your child or step-child; and
  • Your 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.

StreamApplication lodgement fees – Main ApplicantApplication lodgement fees – Additional Applicants
Short-term stream$1,175Under 18: $295

Over 18: $1,175

Medium-term stream$2,455Under 18: $615

Over 18: $2,455

Labour agreement stream$2,455Under 18: $615

Over 18: $2,455


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 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)
  • Professional fees if you engage a registered migration agent or an immigration lawyer to assist you with your application

How long will it take for a decision to be made on a subclass 482 visa application?

The current average processing times for the subclass 482 visa are listed in the table below.

StreamAverage processing times (75% – 90% of applications)
Short-term stream49 days to 77 days
Medium-term stream38 days to 64 days
Labour agreement stream22 days to 56 days

 

How can you apply for the subclass 482 visa?

You can lodge the application in Australia or offshore, and it must be submitted online. As noted above, restrictions may apply in relation to applying for a visa renewal under the short-term stream (you may need to do so outside Australia in certain cases).

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 after 2 days.

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 on a full-time basis 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 in and outside 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 remit your application to the Department for it to be reconsidered with specific directions.

If you or your proposed employer find 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.

For up to date advice on the employer sponsorship, nomination and subclass 482 visa applications, including an assessment of your eligibility for visa grant and the process for applying, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide, and we aren’t expensive! Just ask us!

 

 

    Temporary Visas

    TSS (Employer Sponsored)

    Age No age restriction
    English Vocational English
    Occupation STSOL
    Work Experience? 2 years
    Skills Assessment Some
    Location Anywhere
    Sponsor Required? Employer
    Points Required? No
    Bonus Points? n.a

    489 (State Sponsored)

    Age <45 years old
    English Competent English
    Occupation STSOL
    Work Experience? In some circumstances
    Skills Assessment Yes
    Location Regional
    Sponsor Required? State
    Points Required? Yes
    Bonus Points? Yes

    489 (Family Sponsored)

    Age <45 years old
    English Competent English
    Occupation STSOL
    Work Experience? In some circumstances
    Skills Assessment Yes
    Location Regional
    Sponsor Required? Family
    Points Required? Yes
    Bonus Points? Yes

    Permanent Visas

    186

    Age <45 years old
    English Competent English
    Occupation MLTSSL
    Work Experience? 3 years
    Skills Assessment Yes
    Location Anywhere
    Sponsor Required? Employer
    Points Required? No
    Bonus Points? n.a

    187

    Age <45 years old
    English Competent English
    Occupation ROL
    Work Experience? 3 years
    Skills Assessment In some circumstances
    Location Regional
    Sponsor Required? Employer
    Points Required? No
    Bonus Points? n.a

    189

    Age <45 years old
    English Competent English
    Occupation MLTSSL
    Work Experience? In some circumstances
    Skills Assessment Yes
    Location Anywhere
    Sponsor Required? No
    Points Required? Yes
    Bonus Points? No

    190

    Age <45 years old
    English Competent English
    Occupation STSOL
    Work Experience? In some circumstances
    Skills Assessment Yes
    Location State
    Sponsor Required? State
    Points Required? Yes
    Bonus Points? Yes

    Calculate your points for a Skilled Visa

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    Recent Case Studies

    Case law, legislation and policy critical to success

    Angela (name changed) came to PAX after having been in Australia for over 6 years. She had been searching for ways to stay in Australia ever since and came to PAX after yet another of her visa applications had been refused.

    Her case was a challenge from the outset – she couldn’t apply for a new visa in Australia due to the operation of what is known as the section 48 bar. We methodically explored all of her options and figured out a course of action – a strategy that could get her a permanent visa.

    Angela had previously been advised by other agents that she was not eligible and they had experienced refusals in the past. We systematically went over each hurdle (skills assessment-positive, state nomination-approved, invitation letter-attained) and devised a strategy based on law, not speculation,

    We developed a strong application, provided detailed legal submissions addressing the law (legislation and case law) as well as policy, and persisted until finally Angela’s 190 visa was approved and she returned to Australia as an Australian permanent resident.

    For the full story, click the link above.

    State sponsorship in 10 days

    John had submitted an Expression of Interest into SkillSelect for the 189 visa. His occupation was on the list and he had the required points, he believed he was eligible and he would be receiving his invitation shortly…

    There was no invitation and he was starting to worry as his current visa would be ending soon. He contacted me wondering if he had any other options or if he had done something wrong. After sitting down with him, I identified a number of issues, but the two most important were: 1. John did not have a positive skills assessment for his application and 2. He did not have enough points to generate an invitation for the 189 visa (although the cut off score was 60 at that time, applicants were not receiving an invitation unless they had a minimum score of 70 points).

    We went through all the requirements for the various states and identified that he was eligible for state nomination from South Australia, as he was an international graduate and was fortunate enough to be working in his nominated occupation (he was also able to attain a waiver of the 12 month work experience requirement as he was a graduate from a South Australian institution). We applied to Immigration SA and his application was approved in 10 days, we then lodged his visa application and now John after many years of residence in Australia is an Australian permanent resident. Read the full story here.