- 21
- Mar
Features of new Temporary Skill Shortage (TSS) (subclass 482) visa
The new Temporary Skill Shortage (TSS) (subclass 482) visa replaced the Temporary Work (Skilled) visa (subclass 457 visa) and Subclass 482 visa came into force from 18 March 2018.
The Subclass 482 visa enables employers to access a temporary skilled overseas worker if an appropriately skilled Australian worker is unavailable. An overseas worker must be nominated by a sponsoring business and obtain a Subclass 482 visa before they can commence work in Australia.
The Subclass 482 visa has three streams:
Short-term stream- STSOL:
This stream allows employers to source skilled overseas workers in occupations on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if the two year limitation would be inconsistent with an international trade obligation);
Medium-term stream –MLTSSL:
This stream allows employers to source skilled overseas workers for occupations on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years; and
Labour Agreement stream:
This stream allows employers to source skilled overseas workers in accordance with a labour agreement with the Commonwealth, where there is a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available.
New features of the Subclass 482 visa include the following:
- a Short-term stream, with a maximum visa term of up to two years and capacity for onshore renewal only once (unless this would be inconsistent with international trade obligations).
- Persons who are not eligible to apply for a further Short-term stream visa onshore are expected to depart Australia at the end of their visa, but may reapply from outside Australia.
- Assessment of whether the applicant genuinely intends to stay in Australia temporarily, having regard to the applicant’s circumstances, immigration history, compliance with visa conditions and other relevant matters.
- a Medium-term stream, with a maximum visa term of up to four years and no restriction on renewals while in Australia.
- Occupations eligible for this stream on the MLTSSL, are those required to meet medium to longer term skill shortages in Australia.
- Primary applicant has at least two years relevant work experience;
- The English requirement for the Short-term stream will be the same as applied to the Subclass 457 visa. The Medium-term stream will require an International English Language Testing System score (or equivalent) of level 5 overall, with a minimum of 5 in each component score;
- a ‘non-discriminatory workforce’ test to allow refusal of nominations by employers who systematically employ overseas workers without appropriate regard to Australian workers;
- an increase in the Visa Application Charge (VAC)
- a small increase for the Short-term stream; and
- increase for the Medium-term stream brings it closer to the VAC for skilled migration visas.
- Applicants must satisfy public interest criterion (PIC) 4007 relating to health.
- Primary applicant will need to satisfy condition 8607. These conditions relate to working in the position for which the person was nominated. This means that a visa holder must obtain a new nomination and apply for a new visa to change occupation;
- Department will consider any adverse information known about a business applying to be a sponsor under the Subclass 482 visa program to the suitability of a business to sponsor overseas workers can be taken into consideration; and
- the visa period for dependent children who are members of the family unit has been amended to finish at the end of the day before the holder’s 23rd
For more features of new Temporary Skill Shortage (TSS) (subclass 482) visa, contact our Migration team at info@australasiaeduconnect.com.au.
Sources: