An Employer’s Guide to the Temporary Skills Shortage (TSS) 482 Visa
Are you unable to find suitably skilled workers for your business? The Temporary Skills Shortage (TSS) 482 visa may provide a solution.
You may be starting a business or have been running one for quite some time, and need an extra pair of hands to help you out at work. But then you hit a wall: despite investing significant resources into recruiting, you can’t quite find a suitable employee for the job. In this situation, the Temporary Skills Shortage (TSS) 482 Visa might be the solution.
What is the TSS subclass 482?
This particular visa allows employers to bring workers to Australia when they cannot find a suitably skilled Australian to do the job needed. There are three streams under which an overseas worker can work for you. These include the:
- Short-Term Stream,
- Medium-Term Stream
- Labour Agreement Stream
Each option has varying requirements and benefits, so it’s important to consider each one to decide which is best for you.
A notable requirement that is common across all three streams, however, is that the overseas worker must have health insurance. They also cannot break any laws while in Australia, otherwise, they will face deportation.
This stream allows you to sponsor applicants who work in an eligible occupation, such as nurses and software testers. Successful applicants can work in Australia for up to 2 years, or 4 years where an International Trade Obligation applies.
In order to secure the visa, you must be an approved sponsor. If you are not, you can apply to the Australian Department of Home Affairs to become one at a cost of AUD420. At this point, you will also generally need to prepare documentation including a contract of employment. You may also need to provide proof that the available position is genuine; that you will pay the annual market salary rate, that is, you will not underpay; and that you have previously advertised the position in Australia for at least one month in more than one place.
Upon approval to be a sponsor, you must then submit a nomination application to the Australian Department of Home Affairs for AUD330. The overseas worker must then apply for the visa, after which they will receive a letter informing them of whether the visa is granted or not. The visa itself usually has a processing time of 51 days or less.
Under this stream, employers can bring in workers from an eligible occupation, such as actuaries and secondary school teachers. The applicant can then work in Australia for a maximum of 4 years.
The process of securing the visa through the medium-term stream is essentially the same as for the short-term stream. The only significant differences are that the visa applications are usually processed within a shorter time of 35 days and that it is more costly for overseas workers to apply for the visa.
Labour Agreement Stream
Workers may also come to Australia if the employer enters into a labour agreement with the Department of Home Affairs. Such agreements are generally valid for five years. Applicants who gain a visa in this way can work in Australia for a maximum of 4 years.
The process of securing the visa through this stream is essentially the same as for the other streams. An additional requirement is the provision of documentation showing your business has an Australian registration and is currently in operation. Labour agreements can also serve as an option for applicants who don’t meet the requirements of the short and medium term streams, as exemptions to these requirements can be sought under labour agreements. Visa applications made through this stream are also typically processed within 14 days.
If you have a shortage of skilled workers, there are numerous options using the TSS 482 Visa to supplement your workforce. For further information on the full requirements for sponsors and applicants, you may want to visit the Australian Government Department of Home Affairs website. Alternatively, you may seek advice on negotiating employment agreements or the TSS 482 visa from an employment lawyer, visa lawyer, or migration agent.
Have more questions? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.
Jaclyn is a Legal Intern at Lawpath as part of the content team, with a keen interest in how technology can improve accessibility to the legal services industry. She is currently studying a Bachelor of Commerce (Professional Accounting) and a Bachelor of Laws at Macquarie University.