Overview of Subclass 482 Visa
The Temporary Skill Shortage (TSS) Visa (Subclass 482) allows Australian employers to address skilled labor shortages by sponsoring overseas workers when suitable Australian citizens or permanent residents are unavailable. This visa is employer-sponsored and temporary, enabling skilled foreign workers to fill labor gaps.
Short-Term Stream (STSOL Occupations)
If the nominated occupation falls under the Short-Term Skilled Occupation List (STSOL), applicants can apply through the Short-Term Stream. This visa permits a stay of up to 2 years, with the option for a 2-year extension. However, this stream does not provide a pathway to permanent residency.
Medium-Term Stream (MLTSSL Occupations)
For occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL), the Medium-Term Stream is available. This visa can be granted for up to 4 years, with options for renewal. Importantly, this stream offers a pathway to permanent residency. You can view the occupation lists here: 482 Visa Occupation List.
Labour Agreement Stream (Non-Listed Occupations)
If the occupation is not on the STSOL or MLTSSL, employers must have a Labour Agreement with the Australian government. This stream can also lead to permanent residency. If the occupation is listed on the Regional Occupations List (ROL), employers may consider the Skilled Employer Sponsored Regional (Subclass 494) Visa.
Including Family Members
Family members, including spouses or partners and children, can be included in the Subclass 482 Visa application or added after the visa has been granted. They can also be part of the transition to permanent residency via the 186 Visa pathway.
Pathway to Permanent Residency
Holders of the Medium-Term Stream or Labour Agreement Stream can transition from the 482 Visa to permanent residency after working for three years with their sponsoring employer. Alternatively, skilled migration through points testing may offer a faster route to permanent residency.
Visa Requirements
- Qualifications and Experience: Applicants must meet the relevant qualifications and have at least 2 years of experience in the nominated occupation.
- English Language Requirements: Applicants may need to provide proof of English proficiency unless exempt. Exemptions include passport holders from countries like Canada, the UK, and the USA or those who have completed five years of full-time study in English. Required scores differ based on the stream.
- Skills Assessment: A skills assessment may be necessary, depending on the occupation and visa stream.
Work Rights and Visa Conditions
Short-Term Stream visa holders can work in Australia for up to 2 years (4 years if an International Trade Obligation applies), while Medium-Term Stream visa holders can work for up to 4 years. Hong Kong passport holders may stay for up to 5 years.
Nomination Process
Employers must first obtain approval as a Standard Business Sponsor and then nominate a skilled worker for the TSS Visa. Labour Market Testing (LMT) is required to demonstrate that efforts were made to find a suitable Australian worker before nominating a foreign worker.
Salary Requirements
The nominee’s salary must meet or exceed the Annual Market Salary Rate (AMSR) and the Temporary Skilled Migration Income Threshold (TSMIT), which is currently set at AUD $73,150, unless annual earnings are AUD $250,000 or higher.
Fees and Processing Times
- Short-Term Stream: Base fee AUD $1,495; additional fees apply for dependents.
- Medium-Term and Labour Agreement Streams: Base fee AUD $3,115.
- Processing times vary from 49 days to 12 months, depending on the stream and complexity of the application.
Application Process
The application process involves several steps, from becoming an approved business sponsor to demonstrating compliance with labour market testing and proving the position is genuine. The nominee must meet character and health requirements. A detailed document checklist is available to ensure all required information is provided.
Post-Grant Visa Obligations
Visa holders must maintain valid health insurance, work only for their sponsoring employer, and inform the Department of Home Affairs of any changes to their circumstances.
Labour Market Testing (LMT) Requirements
Before lodging a nomination, employers must advertise the position in Australia and demonstrate that no suitable Australian workers are available. Certain exemptions may apply, such as for high-achieving professionals or those earning over AUD $250,000. Advertisements must meet specific criteria, including duration, medium, and salary disclosure.
For more details on meeting the Subclass 482 Visa requirements, refer to the 482 Visa Document Checklist.