TSS 482 Work Visa Australia

What is the process involved in hiring someone on TSS 482 work visa Australia?

To hire or “sponsor” an individual on a TSS Temporary Skill Shortage 482 work visa requires the lodgement of 3 separate applications:

1. 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 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 482 work visa Australia approved in the past. Accredited sponsorship status has the benefit of faster processing times.

2. Business Nomination application

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 business 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 program, by ensuring it is on a list of occupations eligible for nomination.

3.Visa Application

Once the nomination application is approved, the final application is the employee’s 482 work 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 3 years of full-time or part-time work 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 and the employee take to collate the required information prior to lodgement of the applications, the nominated occupation and also current Department of Home Affairs processing times.

Given that sponsoring someone on a TSS 482 work visa Australia is a significant investment of time and money, it is important to consider the proposed employee’s suitability for the TSS skilled work visa before any applications are lodged. It is also extremely important to understand the sponsorship obligations.

Migration Strategy Key Objectives

Skills in Demand Visa 

After the first comprehensive review of Australia’s migration system in decades, the Australian government has announced their new Migration Strategy which will simplify temporary and permanent skilled migration.

Key objectives of the Migration Strategy include:

• reshaping permanent skilled migration
• simplifying the migration system to improve the experience for migrants and employers
• promoting worker mobility
• longer term multi-year migration program planning
• improving the integrity of the student visa and graduate visa programs
• streamlining labour market testing
• reformed points test for independent skilled migrants
• new Talent and Innovation Visa to replace Global Talent and Business Investment Visa Programs

Replacement of the TSS 482 Work Visa Australia

One of the most important reforms is the three-tiered Skills in Demand Visa which will replace the Temporary Skills Shortage (TSS) 482 Work Visa Australia, with a new approach to occupations lists.

Visa Lounge Australia will continue to keep you informed about developments in the Migration Strategy.

Employers should consider the impact of proposed reforms on their business and without delay, contact our team to discuss the most effective immigration strategy for 2024.

If you require assistance or advice in relation to sponsoring a skilled migrant worker or the termination of employment of a 482 work visa holder, please do not hesitate to contact VISA LOUNGE IMMIGRATION.