The new TSS subclass 482 visa

482 TSS visa (Temporary Skills Shortage)

The new TSS subclass 482 visa replaces the old 457 visa program. Our experienced Migration Agent Perth will conduct a thorough assessment and guide you through the entire application process. Below is a very basic overview of the program. Applications can become complicated with regards to the work experience, skills, English language and different occupation lists and caveats.  In particular, applicants must now ensure they have 2 years’ work experience in their nominated occupation or a related field.  Generally this experience should be within the last 5 years prior to application submission and at the required skill level.   The work must be paid, full time or part time equivalent.  Full time is generally accepted as 38 hours a week and casual work is not considered acceptable.  Applicants must also demonstrate they are genuine temporary entrants.

There are three stages in sponsoring an overseas worker under the TSS subclass 482 visa program:

1. Sponsorship: The employer applies for approval as a standard business sponsor.
2. Nomination: The employer nominates an occupation for a prospective TSS visa applicant or existing TSS visa holder.
3. Visa application: The person nominated to work in the nominated occupation applies for a TSS visa.
Existing TSS visa holders do not need to make a new visa application in order to change employer unless their current visa is due to cease. However, they cannot change their employer before a new nomination is approved unless they are in a specified occupation.

If an existing TSS visa holder wishes to change their occupation, they must have not only a new nomination in place, but also be granted a new TSS visa, before they can work in a new occupation.

TSS subclass 482 visa

The TSS is designed to enable employers to address labour shortages. It facilitates targeted use of overseas workers to address temporary skill shortages. There are three streams available under this visa program:

• Short-term stream – this stream is for employers to source genuinely temporary overseas skilled workers to fill short-term positions in a range of occupations for a maximum of two years (or four years if an international trade obligation [ITO] applies);
• Medium-term stream – this stream is for employers to source highly skilled overseas workers to fill medium-term critical skills for up to four years, with eligibility to apply for permanent residence after three years; or
• Labour Agreement stream – this is the temporary visa product utilised where an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers, where there is a demonstrated need that cannot be met in the Australian labour market and the standard TSS visa program is not available.
While their visa remains in effect, TSS subclass 482 visa holders:
• can work in Australia for their approved sponsor in their approved occupation;
• can bring any eligible dependants with them to Australia — dependants can work and study; and
• have no limit on the number of times they can travel in and out of Australia while the visa is valid.

Overseas workers may be eligible for this visa if they:
• have been nominated for a position by an approved sponsor and that nomination has been approved
• meet any required skills and qualifications requirements including completing any skills assessments required
• meet English language requirements
• if in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa
• have substantially complied with any conditions that apply or applied to their last visa
• meet health and character requirements
• meet the requirements of the stream in which they apply.

Additional eligibility

Short-term stream
• have worked in their nominated occupation, or a related field, for at least two years
• are a genuine applicant for entry and stay as a short term visa holder (known as a ‘Genuine Temporary Entrant’ (GTE))
• will be working directly for their sponsor or for an associated entity of their sponsor, unless the nominated occupation is exempt from this requirement

Medium-term stream
• have worked in their nominated occupation, or a related field, for at least two years
• will be working directly for their sponsor or for an associated entity of their sponsor, unless the nominated occupation is exempt from this requirement

Location
An applicant can generally be in or outside Australia when they apply. However, they cannot apply for another Short-term stream in Australia as the primary visa applicant if all of the below apply:
• they have held more than one Short-term stream TSS visa
• they were in Australia when the application for your most recent TSS visa was made
• or this requirement would not be inconsistent with an International Trade Obligation.

If they are in Australia, they must hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa.

Trust your application to the experts.  Contact our migration agent Perth today on 08 9203 5194 or book an initial visa assessment.

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