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Who Can Apply for an Australian 482 TSS Visa?

In this article, we will answer many of the most common questions we receive on the Australian temporary skills shortage (TSS) subclass 482 visa. For expert assistance with your immigration matter, contact Reiss Edwards, immigration lawyers and solicitors in London.

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Over the last two decades and beyond, Australia has continued to develop into a thriving modern economy. As of 2021, its main growth sectors include financial and insurance services, construction, healthcare, mining, scientific and technical services, and manufacturing. As such, Australia has a blend of more traditional industries and innovative services. For workers planning to move to Australia, whether for a short or long stay, or even permanently, the range of well-paid skilled jobs on offer is excellent. Australian immigration policy, like many others around the world, ensures that those with the most skills and especially those that are in demand are given the highest priority. In this article, we will answer many of the most common questions we receive on the Australian temporary skills shortage (TSS) subclass 482 visa.

What is an Australian 482 TSS visa?

The Australian temporary skills shortage (TSS) visa is classed as a medium-term permit designed to allow employers to fill roles for which there is an acute labour shortage. Employers can recruit overseas skilled workers where they are unable to find appropriately skilled people from the domestic labour pool. TSS visa holders can stay for up to four years (five years for Hong Kong nationals), allowing them to work, study, and travel to and from Australia freely.

Can I Get PR With A 482 Visa?

It may be possible to secure permanent residency (PR) with a subclass 482 visa, depending on your circumstances. Hong Kong passport holders have a direct pathway to PR after five years on a 482 visa in Australia, but this does not apply to nationals of other countries. This is because the TSS visa is intended to be temporary in nature, and hence visa holders need to switch to a different visa type if they wish to work towards PR in Australia. The guidance published by the Australian Department for Home Affairs states, “If your visa is expiring and you want to stay in Australia to work for your existing employer: your employer will need to submit a new nomination; you must apply for a new visa”. The guidance also states, “your employer may be able to sponsor you for permanent residence through the: Employer Nomination Scheme (subclass 186) or the Regional Sponsored Migration Scheme (subclass 187)”.

Can I Bring Dependents On A 482 Visa?

Yes, it is possible to bring your dependant family members with you to Australia. Your family members can be added to your application. Assuming you do not currently hold a TSS visa, the members of your family unit you can bring with you include the following:

  • your spouse or de facto partner
  • your child, or your partner’s child, who is not engaged, married, or in a de facto relationship and is:
    • aged under 18 years, or
    • aged 18 to 23 years and dependent on the main applicant or the main applicant’s partner, or
    • aged 23 years or older and dependent on the main applicant or the main applicant’s partner due to a partial or total physical or mental disability
  • the dependent child of the child above

Dependant family members will also need to meet the health and character requirements of the Australian Department of Home Affairs.

Can Dependents Work On A 482 Visa?

Yes, dependant family members can also live, work, and study in Australia.

What Are The Requirements For An Employee Applying For A 482 Visa?

To secure a 482 TSS visa, applicants must meet the following requirements:

  • have a nomination from an employer for a role on the list of eligible medium and long-term skilled occupations – prior to applying for a TSS visa your proposed employer will need to lodge a nomination application for you
  • have at least two years relevant work experience in your nominated occupation or a related field
  • have a positive, relevant skills assessment if this is required for your occupation
  • work only for your sponsor or associated entity, unless you are exempt
  • meet minimum standards of English language proficiency unless you are exempt from needing to show this

You will also need to have health insurance, not have had a visa refused previously, and meet the character requirements.

What Documents Do I Need For A 482 Visa?

You will need to provide several documents with your application, including:

  • Proof of your identity (e.g. your passport)
  • Skills and occupation documents – this may include the relevant license/registration for your profession, a skills assessment, your CV, and employer references
  • Proof of your language proficiency
  • Proof of health insurance
  • Police certificates from every country, including your home country, where you spent a total of 12 months or more in the last ten years since you turned 16.
  • Documents relevant to your partner and/or dependants.

Does A 482 Visa Require A Skill Assessment?

In most (but not all) cases, you will need to have a skills assessment carried out by the relevant assessing body. The guidance published by the Australian Department for Home Affairs states, “For TSS skills assessment by Trades Recognition Australia, your application must include the relevant skills assessment reference number. For the occupations of Project and Program Administrator or Specialist Manager not elsewhere classified, you must include the relevant skills assessment reference number for your VETASSESS Skills Assessment”. Some candidates may be eligible for an exemption, however, exempt applicants still need to provide evidence of their skills, qualifications, and employment background to prove they can do the job they have been offered.

How Long Does A 482 Visa Take To Process?

75% of subclass 482 visas are processed within 12 weeks, and 90% of applications are processed within nine months, according to the latest estimates provided by the Australian Department for Home Affairs.

Can A 482 Visa Holder Change Employer?

Typically you are only permitted to work for the business that originally nominated you, however, in some situations you may be able to switch employers on a TSS 482 visa but only to a job in the same occupation. The guidance makes it clear that “you cannot work in a different occupation unless you apply for and are granted a new Temporary Skill Shortage visa”. According to the guidance, you can move to a different employer if your occupation is “specified by the minister in an instrument” or “your employment is ending, and you are serving out a notice period”. To make the switch to a new employer, they will need to nominate you and gain permission first.

How Do I Get Nominated For A 482 Visa?

Once you have found suitable employment in Australia and before you apply for a visa, your employer must have nominated you to work. This nomination must be to fill an occupation specified on the Medium and Long-term Strategic Skills List (MLTSSL). To nominate you, they have to be an approved sponsor or have lodged an application to become a standard business sponsor.

What Are The Employer Requirements For Sponsoring A 482 Visa?

To become a Standard business sponsor, employers must meet the following requirements:

  • Have a legally established and currently operating business (this can be in or outside Australia)
  • There must be no adverse information regarding the business (i.e. anything which may affect their suitability as a sponsor).
  • Have a strong record of, or a demonstrated commitment to, employing local labour
  • They must declare that they will not engage in discriminatory recruitment practices

Sponsorship And Nomination Fees

Standard business sponsorship costs AUD$420. Employers are also required to pay AUD$330 to nominate a worker.

How Much Does A TSS 482 Visa Application Cost?

The application fee payable by the TSS 482 visa applicant (i.e. the employee) is currently AUD$2,645. For each dependant under 18 years old, the application fee is AUD$600. All fees are for applications both inside and outside Australia

Wrapping Up

If you need any help with your subclass 482 TSS visa, speak to an immigration lawyer specialising in Australian immigration who will be able to assist you.

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"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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"I found Joe very helpful and tremendous patience which is a must in this profes...

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"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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