Temporary Skill Shortage Visa Subclass 482 (previously known as 457 Visa): | BMS Global

Temporary Skill Shortage Visa Subclass 482 (previously known as 457 Visa):

Temporary Skill Shortage Visa Subclass 482 (previously known as 457 Visa):

This visa known as TSS Visa has been introduced from 18.3.2018 and it has 3 streams –

  • Medium or Long Term Skill Shortage available up to 4 years leading to permanent residency after working with the same employers for 3 years, IELTS English test score min 5 in Each Band;
  • Short Term Skill Shortage available for 2 years and can be extended onshore for another two years, IELTS English test score average 5 with min 4.5 in Each Band and no permanent pathway; and
  • third stream is of Labour Agreement for those large scale employers who can negotiate terms with Dept of Home Affairs for their requirements.

 

The TSS visa is for skilled workers who want to work in Australia temporarily. This visa involves a three-step process:

Step 1: a sponsorship application by the employer

Step 2: a nomination application for a skilled position by the employer

Step 3: a visa application by the proposed employee

The three steps above must be completed in order. You do not, however, have to wait for each application to be approved to move onto the next step.

 

You can generally be in or outside Australia when you apply.

If you are in Australia, you must hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa. If you have no further stay condition attached to your current visa, it will be advisable not to apply in Australia and it will be better if you apply outside Australia, however, you can seek advice from highly experienced registered migration agents.

TSS Visa Regime has now become extremely complex and confusing due to frequent changes in Immigration Laws and also requirements to be met for each visa stream. The list of eligible occupations under each stream differs and you have to select the most appropriate list under which you occupation falls at the time of application.

Govt. Visa fees have gone up skyrocketing and if you wish to include yourself, your partner, and children the visa fees are different for different category of visas. The Govt. fees also apply to the stages of sponsorship and nomination.

Temporary Skill Shortage (TSS) visa – Legislative Instruments

To maintain flexibility in the TSS visa program, certain aspects of the program are subject to change from time to time. The aspects of the program that might change are contained in what is known as a legislative instrument.

These legislative instruments are essentially legal documents that describe particular rules of the TSS visa program that might be changed by the Minister for Home Affairs. Legislative instruments are published on the Federal Register of Legislation website.

This page lists and links to these legislative instruments and gives a brief description of what is contained in the instrument.

The explanations and names for the instruments listed here are in plain English to assist with understanding what each instrument does. For the precise legal definition of the role of the instrument and its Federal Register of Legislative Instruments number, please refer to the instrument itself.

 

Eligible skilled occupations

For nomination applications lodged on or after 18 March 2018, the skilled occupations listed in the following legislative instrument are eligible for TSS visas. See: IMMI 18/048: Specification of Occupations – subclass 482 visa.

 

For a list of postcodes considered to be regional Australia where a regional caveat applies. See: IMMI 18/037: Regional Certifying Bodies and Regional Postcodes.

A combined current list of eligible skilled occupations which includes the eligible skilled occupations for TSS visas is available in alphabetical order.

 

These skilled occupations are described in accordance with the Australian and New Zealand Standard Classification of Occupations. See: Australian and New Zealand Standard Classification of Occupations.

 

Skills assessments

The instrument below specifies the cohorts of applicants who are required to commence a mandatory skills assessment prior to applying for a TSS visa.

See: IMMI 18/039: Mandatory skills assessment—Subclass 482 Visa.

 

Exemption from the requirement to work directly for the sponsor

The instrument below lists the occupations where the requirement to work directly for the sponsor is waived. See: IMMI 18/035: Specification of Exempt Occupations.

Labour market testing

The instrument below specifies the period in which labour market testing must be undertaken. See: IMMI 18/059: Period within which labour market testing is required to be undertaken.

The instrument below lists the international trade obligations which are inconsistent with the labour market testing requirement (i.e. where labour market testing is not required). See: IMMI 17/109: Determination of International Trade Obligations relating to Labour Market Testing.

Other instruments

The two instruments below specify the online forms that must be used when lodging a standard business sponsorship application, or a TSS nomination or visa application form. Limited alternative lodgement channels are also specified in these instruments.
See: IMMI 18/018: Visa applications – Temporary Skill Shortage (Class GK).

See: IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 408 and 482 visas.

The instrument below specifies the manner in which a person who is or was an approved sponsor must provide details of an event mentioned in Regulation 2.84.

See: IMMI 18/040: Manner for Providing Details of an Event to Immigration.

The instrument below specifies the training benchmark requirements under the sponsor obligations framework.

See: IMMI 18/017: Specification of Training Requirements for regulation 2.87B.

 

Combined current list of eligible skilled occupations

Visa subclass (stream or type) Represented in the table as
Employer Nomination Scheme (subclass 186) – Direct Entry and Temporary Residence Transition streams 186
Skilled Independent visa (subclass 189) – Points-tested stream 189 (PT)
Skilled Nominated visa (subclass 190) 190
Training visa (subclass 407) 407
Temporary Graduate visa (subclass 485) – Graduate Work 485 (GW)
Skilled Regional (Provisional) visa (subclass 489) – Family nominated 489 (F)
Skilled Regional (Provisional) visa (subclass 489) – State or Territory nominated 489 (S/T)
Temporary Skill Shortage visa (subclass 482) – Medium-term stream TSS (M)
Temporary Skill Shortage visa (subclass 482) – Short-term stream TSS (S)
  • This table must be read in conjunction with the List of eligible skilled occupations which provides information on how to use this list and recent changes to the list.
  • The table below specifies whether the relevant occupation is included on the:
    • Medium and Long-term Strategic Skills List (MLTSSL)
    • Short-term Skilled Occupation List (STSOL) or
    • Regional Occupation List (ROL).
  • There are caveats on certain occupations (indicated via asterisk(s)) which exclude the use of the occupation in certain circumstances for the subclass 186 and TSS visa programs only. A summary of Caveats on occupations is available.
  • The acronyms used in the last column of the table are listed in the Assessing authorities. The assessing authorities do not apply to the subclass 407 visa.

 

TSS Visa Requirements:

  • Sponsorship
  • Nomination and
  • Visa Application

Each stage has its own requirements for example Standard Business Sponsor must prove they are operating business in Australia, and can afford overseas skilled worker and have given opportunity to employ the local people and not able to find suitable skilled person in Australia.

 

Nomination requirements are based on position offered and skills of overseas nominee and meeting with training expenses requirements and labour market testing as required.

 

Visa application is to be made for visa applicants including main applicant and their family members. Main applicant must meet with education, work experience and English requirements to apply for visa. Also they must be clear in their police records and medical tests and must maintain medical insurance for the duration of visa.

 

HOW BMS GLOBAL CAN ASSIST YOU:

 

  • We have vast experience of dealing with various kinds of complex cases for over 18 years and day to day dealings with Dept of Immigration. We are practical professionals and not a book worm. We can assist applicants on all stages of application – sponsorship, nomination and visa application. Anyone who wishes to apply for subclass 482 visa must seek initial advice from highly experience registered migration agent because Govt. Fees have increased to skyrocketing and no refund will be available so applicants can lose good amount of money. We charge initial consulting fee A$150 for face to face consulting and over phone we charge A$75 for consulting and it will be about 25 to 30 minutes but after collecting all your details we go through legislative requirements and backgrounds of applicants can determine eligibility and chances of success for whole application of three stages of 482 application.
  • We can assist Sponsor who is also a Direct Employer and whether they are established business or new business less than 12 months and accordingly documents are to be submitted to Dept of Immigration to make sure that sponsor has genuine need of sponsoring overseas skilled workers. Sponsorship could be standard business sponsorship for most of the businesses and for those large scale businesses who can ask Dept of Immigration for their requirements under Labour Agreement – very time consuming and challenging and very costly as compared to standard business sponsorship.
  • Nomination is second stage where nominee is to be declared and business has to meet with training expenses and labour market testing requirements as they could not find suitable local person to fill in genuine vacancies in their businesses. Training expenses could be very costly as per size of business and total amount of money spent for wages paid to all employees. Labour market testing also has become very costly now because advertisements must be given in National Media – Newspaper or Radio – and these are very costly as compared to state newspaper and community newspaper. Nominator also has to try many other sources to prove that they could not find proper skilled person to fill in position in their business.
  • Visa application will be based on applicant’s education, work experience, English level, skills and personal attributes. Visa fees have gone up skyrocketing and they also have to undergo medicals, x-ray, police checks and must have medical insurance. Family of wife, husband and two children, the total costs will be too high. Also selection of occupation and meeting other requirements become a nightmare. We are aware that many businesses are not able to find suitable local person and wish to engage overseas skilled workers but now it is like an herculean task, however, we can certainly be of assistance to you, if you are a Genuine applicant.
  • Traditionally positions such as chefs, cooks, bakers, customer service managers, restaurant managers and a few other occupations have been applying but now caveats apply and if business does not meet with such caveats applications can fail so applicants must know about caveats well in advance before spending so much amount of money. Some occupations require mandatory skills assessment and it is very lengthy and complex and costly process and in all entire application may take 3 to 6 months to lodge and decision from Dept of Immigration may come after 3 to 6 months so in all it is a tedious journey of 6 months to one year. It can become a very tiring, time consuming, costly and waste of time and money journey if you are not careful right from beginning till end of each stage of application. Please feel free to contact us anytime suitable to you and we will be more than happy to discuss with you all your requirements to the fullest of your satisfaction as we have vast experience of more than 18 years in dealing with Dept of Immigration as well as complex and challenging cases.