482 Temporary Skill Shortage (TSS) Visa

In March 2018, the 457 visa was replaced by the Subclass 482 Temporary Skill Shortage (TSS) visa.

The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in a nominated occupation which is listed on the Short Skilled List or Medium Long Term Skilled List

TSS Visa Requirements

You are required to have a job offer, two years of relevant work experience, in the past five years, and be able to meet other criteria associated with this subclass, such as qualifications, English, health and character requirements.

There is no age limit for a TSS visa however, there is for Permanent Residency. If you are granted a visa in an MLTSSL occupation and intend to apply for permanent residency after three years of working for the same sponsor, you will need to be under 45 at the time of lodging your permanent residency application.

482 Visa Streams

There are three streams applicable to the TSS, including:

• the Short-Term stream
• the Medium-Term stream
• the Labour Agreement stream.

Applicants with occupations on the Short-Term Skilled Occupations List (STSOL) may be eligible for visas of up to two years, renewable onshore once, for a further two years, and potentially renewable for additional two year periods, while applying from offshore, and if capable of meeting Genuine Temporary Entrant requirements, whilst those on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) can apply for up to four years (with eligibility for permanent residency after three years, depending on meeting age, English, Health and Character requirements).

The TSS 482 visa subclass involves a three-step process:

1. a sponsorship application by the employer
2. a nomination application for a skilled position by the employer
3. a visa application by the proposed employee

What you and your family can do whilst on a 482 Visa

If you are granted this visa as a primary application, you can travel to and from Australia for the duration of the visa and will be entitled to work in Australia only for an approved sponsor who has nominated you in your chosen occupation.

While holding this visa, family members can travel to and from Australia for the duration of the visa and can work or study in Australia without restriction.

Processing Standards

Processing standards fluctuate in accordance with the departmental workload and are updated monthly. You can check the current processing time on https://www.homeaffairs.gov.au/global-visa-citizenship-processing-times

Obligations of 482 visa subclass holders

You must maintain health insurance at an appropriate level while you are in Australia. Reciprocal health arrangements may not always be adequate.

The primary visa holder must also engage in approved work. This generally means:

• only work in the occupation for which your visa was approved. To work in a different occupation you must apply for and be granted a new TSS visa
• only work for the employer who nominated the position you are working in (limited exceptions apply)
• not cease employment for a period that exceeds 60 consecutive days
• hold any licence, registration or membership that is mandatory to perform the occupation nominated in relation to you
• comply with each condition or requirement to which the licence, registration or membership is subject

You must notify the Department of Immigration of any change in your circumstances. If the 482 sponsor terminates your 482 employment, you must do one of the following:

• Find another 482 employer who is willing to sponsor you and have the approval in place before starting work with the new sponsoring employer; or
• Apply for another type of visa, however, there could be complications due to the 60 days’ time limit; or
• Leave Australia within 60 days depending on your visa grant date.

Please be aware that you must have a new 482 nomination lodged and approved before you start working with a new company. This is putting a lot of employees and companies in trouble as it is easy for the Department of Immigration to find a paper trail to confirm that a company is employing someone without the correct authority to do so.

As a 482 visa holder if you cease employment, contact a registered migration agent or lawyer to fully understand the consequences, solutions and possible visa options before starting work with another employer.

482 Visa to Permanent residency

In some circumstances, if you are nominated in an MLTSSL occupation, you may have a pathway to PR through 186 Visa subclass.

You will be eligible for PR when/if:

• You have worked for the same sponsor for three years on your TSS visa
• You have worked in the same occupation for the three years
• You have Competent English (at least 6.0 in all parts of IELTS or an equivalent test score, unless you are exempt)
• You have been paid at least the salary confirmed with your 482 application
• You are under 45 years of age at the time of lodging your permanent residency visa

A visa in a STSOL occupation does not lead to permanent residency unless you come under the transitional arrangements for those who applied or held their 457 visa on or prior to 18 April 2017.