What is the process involved in hiring someone on a 482 Temporary Skill Shortage visa?
To hire or “sponsor” an individual on a TSS visa requires the lodgement of 3 separate applications:
Standard business sponsorship application
This application is all about the sponsoring employer – what the business does, how profitable the business is (and hence whether they can afford to sponsor a skilled migrant worker), whether the business is genuine and operating in Australia and other requirements.
The sponsorship application is usually fairly straightforward, and businesses established and operating in Australia won’t usually run into any problems in having their sponsorship application approved. Once approved, status as a standard business sponsor is generally valid for 5 years, which means employers only need to lodge this application once every 5 years. Employers can also apply to be an accredited sponsor, which generally involves, amongst other things, turnover of at least $4m for the last 2 years and having had a TSS visa approved in the past. Accredited sponsorship status has the benefit of faster processing times.
Once an employer is approved as a standard business sponsor, it is able to lodge a nomination application for a particular nominated occupation to be filled by a skilled migrant worker. The nomination application is all about convincing the Department of Home Affairs that the business needs that particular nominated occupation to be filled, as attempts to fill the role with an Australian worker have been unsuccessful. This application is the one where most employers run into issues.
Getting it right requires an understanding of all the requirements that need to be met under the TSS nomination regulations, including:
- the proposed salary reflecting what an equivalent Australian worker performing equivalent work in the same location would receive (and having an understanding of “equivalent work”), or in the absence of an Australian worker performing equivalent work, showing the proposed salary reflects the Australian market salary (and having an understanding of what is meant by “market salary” and what evidence the Department requires to prove “market salary”);
- proof of labour market testing i.e. proof that the employer tried to find an Australian worker for the role first (and understanding when labour market testing is not required, and if it is, what is acceptable evidence of labour market testing);
- proving the nominated occupation is a genuine position and providing information to prove “genuineness” such as an explanation as to why the position is required (if it is a new position), how the position fits in with the current organisational structure, and the duties of that nominated occupation; and,
- ensuring the nominated occupation is an occupation eligible for nomination under the TSS scheme, by ensuring it is on a list of occupations eligible for nomination.
Once the nomination application is approved, the final application is the employee’s visa application. This application is all about the proposed employee’s skills and qualifications and must convince the Department that the employee is suitably skilled to perform the nominated occupation. Generally, this requires having at least 2 years of experience in the nominated occupation, or 2 years of equivalent work experience, in addition to any qualifications, licensing or registration requirements. If the employee, or anyone in their family that is migrating with them, has significant health or character issues, the visa could be refused.
The whole process, including all 3 applications, can take 2-6 months or more, depending on how long the employer/employee takes to collate the required information prior to lodgement of the applications, and current Department processing times.
Given that sponsoring someone on a 482 TSS visa is a significant investment of time and money, it is important to consider the proposed employee’s suitability for the TSS visa before any applications are lodged.
If you require assistance or advice in relation to sponsoring a skilled migrant worker or the termination of employment of a skilled migrant worker, please do not hesitate to contact VISA LOUNGE IMMIGRATION.