Employer’s Guide to the Temporary Skills Shortage 482 Visa [Updated]

May 19, 2022
Reading Time: 5 minutes
Written by Zoe Spanos

Do you need more skilled individuals to help with transforming your company? 

Attracting global talent is no easy task. But, the Australian temporary skill shortage (TSS) visa can definitely help you hire a foreign worker

In this article we discuss the 482 temporary skill visa and  how it mitigates temporary skill shortages. The TSS visa allows employers to bring workers to Australia when they cannot find a suitably skilled Australian worker

 

So, what is the TSS 482 visa?

The TSS 482 visa is a temporary skills visa that helps fight labour shortages. It allows for people from overseas to work in Australia. As an employer you can sponsor these skilled overseas workers. Introduced in March of 2019, there are four main streams under which an overseas worker can work for you. 

Short-Term Stream

A short-term stream 482 visa allows you, as the employer, to bring in skilled workers for your business. Occupations that fall within this steam are as per the Short-term Skilled Occupation list. Workers on this temporary skill visa can apply to stay for 2 years or 4 years if their application comes under an ITO or Internal Traded Obligation. If your worker has a Hong Kong passport they can apply for a 5 year 482 visa. 

The processing time for the temporary skill visa usually is less than 51 days and costs AUD$1,290.

Medium-Term Stream 

A medium-term stream temporary skill visa is similar to the short-term stream in that it will allow the worker to stay in Australia for 4 years, or 5 years if they are from Hong Kong. When applying for a medium-term temporary skills visa, the applicant’s occupation should be listed on the Medium and Long-term Strategic Skills list or Regional Occupation list. 

The only significant difference from the short-term visa is that that the application is usually processed within 35 days. This 482 visa costs AUD$2,690 for the applicant.

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 4 or 5 years like in the short and medium term streams discussed above. 

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 Company 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

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 subclass 482 applications made through this stream are also typically processed within 14 days and cost AUD$2,690.

Subsequent Entrant 

This temporary skill visa stream is for family members. Therefore this applies to a partner or dependent of a subclass 482 visa holder. Essentially, this stream is a children and partner visa.The cost of this 482 visa is AUD$1,290 and the entrant can stay in Australia as long as the visa is valid. 

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Responsibility Checklist as a Standard Business Sponsor

As an Australian employer, in order to secure a TSS visa subclass 482 visa for an overseas worker, you, as the employer, must be an approved sponsor. The following list acts as a checklist for what you need, under a standard business sponsorship to ensure an overseas worker can work within Australia and the application process can run smoothly. 

    1. Prepare documentation including a contract of employment.
    2. Apply to be a sponsor and pay the AUD$420 application fee.
    3. Upon sponsor approval, you must make a nomination application to the Australian Department of Home Affairs for AUD$330. 
    4. Nominate a skilled worker under a sponsorship for a position within your business
    5. Have the overseas skilled worker apply for their  temporary skill work visa

The Applicant 

Under a sponsorship and throughout the subclass 482 visa application it is important to understand what the TSS visa holder needs in terms of their eligibility when applying for a temporary skill visa in Australia. Most notably, having health insurance is a must when going through the visa process

Similarly, whilst in Australia on a temporary skill visa the applicant cannot break any Australian laws, otherwise they will face deportation.  The applicant will also need to meet a character requirement and sign an Australian values statement.

Work experience 

Whilst applying for a TSS visa subclass 482 visa the applicant needs to show that they have sufficient work experience and the relevant skills for their role in Australia. A minimum of 2 years of work experience  in a nominated occupation is necessary. This, is essentially a skills assessment. Similarly, a english language requirement is needed as the applicant will need to meet minimum standard of english language proficiency . Also they will need to be paid the Australian market salary rate whilst in Australia.

Visa Condition 8607

Under a 482 temporary skill shortage visa in Australia the applicant must begin working for their sponsor organisation within 90 days. This period begins for on-shore applicants, when their 482 visa is approved, however, for offshore applicants the period begins when they arrive in Australia. Moreover, the applicant needs to work a minimum of 60 days with their approved sponsor otherwise they will have to change their occupation and lodge a new application. This will not extend the length of the 482 visa stay. 

Staying Longer

While the applicant cannot stay longer than the 482 Australian visa, they can apply for a new visa. Here, the employer will need to sponsor them again. However, an employer can provide a new nomination bridging pathway so the worker can have a permanent visa. You can do this filling a permanent residency sponsorship application through either:

Key Takeaways

The TSS 482 visa program allows Australian businesses to supplement their workforce and make up for a temporary skill shortage. There  are 4 different types of 482 visas that a worker can obtain, thus, it is important to choose the correct one.

 For further information regarding  the full requirements for sponsors and applicants, you may want to visit the Australian Government Department of Home Affairs website, so you can know where to lodge your applications. Alternatively, you may seek advice on negotiating employment agreements or 482 visa from an employment lawyer, visa lawyer or registered migration agent to assist you in your application process

And, remember by hiring a lawyer with Lawpath you will receive the most comprehensive advice regarding your temporary skill shortage visa needs!

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