Temporary Work (Skilled) visa (482 Visa – TSS Visa)

TSS Short term

The 482 Temporary skills shortage visa is utilised by companies to fill gaps in their employee base. This visa enables the holder to be able to work in Australia to fill a void in the workforce when local employment is unable to do so. The visa has three streams that are used most often by clients, and depending on the chosen stream, different factors will be involved in the approval. Please check the 482 visa occupation list.

The first is the short-term stream- The short-term stream is utilised by employers to fill a more temporary gap. The short-term stream helps to shore up positions that are important and required in a long-term capacity. The duration of this visa is a maximum of two years; however, in exceptional circumstances, the date may be extended if a compelling case is presented for an additional two years.

482 Visa Requirements

To be eligible for a short-term stream visa, the employer of the applicant is required to, firstly, ensure that the occupation is covered under the short-term skilled occupations list. Some restrictions are placed on what occupations may be considered valid for a 482 short-term stream, hence for positions that aren’t considered valid, applications will be rejected. Efforts to falsify and mislead the nature of the job will carry stronger penalties alongside rejection. The applicant requires two years of work experience, at a minimum in the relevant field to be applicable for this Visa stream.

The applicant may be required to undertake an appropriate skills assessment before they can have their application accepted, depending on the field they are entering. A skills assessment is issued by a skill assessing authority, who will be in touch with both the applicant and the employer to ensure that the relevant skills test will be submitted. Failure to achieve a positive result on the assessment will result in the skilled migration visa being rejected. A reason may be that a failed skills test indicates that the applicant cannot undertake the required role and lacks the skills necessary to perform. The applicant will work for their sponsor or an associated entity during this period unless exceptional circumstances are met. Successful applicants are able to travel to and from Australia as many times as they wish, with this visa stream, provided that the visa is still valid. 

Finally, the visa holder will need to be able to meet the minimum standards of an English Language Proficiency test. Exemptions made for this test are for individuals that are from the following locations: New Zealand, Canada, The United Kingdom, The Republic of Ireland and the United States of America.

482 Visa Checklist- Short Term Stream

• The applicant must be nominated to work in an occupation on the list of appropriate short-term skilled occupations
• have at least 2 years of relevant work experience in the nominated occupation or a related field
• have a relevant skills assessment if this is required for the specific occupation
• work only for the sponsor or associated entity, unless exempt
• meet minimum standards of English language proficiency unless exempt.

Processing times for the application may take up to a maximum of 61 days but may take longer depending on circumstances and the nature of the application. If a holder meets specific criteria, they may be allowed to try for a permanent resident visa. This visa will allow a holder to remain in Australia indefinitely but is only granted for a short-term visa holder if specific criteria are met for the holder.

Medium Term

The Medium-term stream has several similarities with the short-term visa in nature of requirements. However, there are some differences between it and the short-term visa.

482 Visa Requirements

Firstly, the duration that the medium-term stream runs is two years longer than the short-term allowing an individual to work in Australia for four years. Both the short-term visa and medium-term visa have the same level of strictness in terms of testing, however, the criteria and the eligible occupations list for a medium-term visa is different from a short-term visa. This means that certain occupations and placements that would be acceptable under a short-term visa would not be allowed under a medium-term one. One other aspect that is covered by the medium-term skill-shortage stream is that it enables for a holder to undertake studies. While the holder will not be able to receive government assistance when studying for a subject, they can conduct studies in a foreign country. So long as these studies do not interfere with their primary duties with their employer. As with the short-term visa, a medium-term 482 can apply for a permanent residence visa if they meet the requirements for it. The processing times for applications may take up to a maximum of 49 days, depending on position and application. 

If an applicant can find work through a labour agreement, this will enable the prospective applicant to utilise the labour agreement stream. A select few businesses and industries only hold labour agreements; they are developed in collaboration between the employer and the Australian Government. They enable a company to sponsor international workers provided that there is a proven inability for the Australian labour market to be able to provide for them. There are presently five separate types of a labour agreement. The first is Company-specific Labour agreements, which is held by a company to offer skills to a company or project not already covered by an industry labour agreement. The second is the Designated Area Migration Agreement, which draws in a pool of applicants for an employer that operates only within a designated region. A project agreement, which is primarily for filling in shortages for construction phases of resource and infrastructure projects. The global talent employment sponsorship allows for niche positions to be filled through for established businesses. Finally, the Industry labour agreement will enable an applicant to work in an industry that has fallen victim to an ongoing labour shortage.

482 Visa Checklist- Medium Term Stream

• Must be nominated to work in an occupation on the list of eligible medium and long-term skilled occupations
• have at least 2 years relevant work experience in the nominated occupation or a related field
• have a relevant skills assessment if this is required for the occupation
• work only for the sponsor or associated entity, unless exempt
• meet minimum standards of English language proficiency unless exempt from needing to show this.

If provided with a Labour agreement, an applicant will be able to elect to use the Labour agreement stream for a 482 visa. This stream holds the same duration as a Medium-term stream, having the same requirements for approval outside of keeping the labour agreement. As with the Medium-term stream, a holder of a Labour agreement 482 will be able to undertake tertiary study in a field provided that they can continue employment. Also, they may travel to and from Australia as many times as they wish so long as the visa is still valid. The processing time for an application is typically 39 days.

In most cases, an applicant can apply for a 482 Visa will only have that visa available for their personal use. Family members of the visa cannot utilise the visa, and they must have their own separate visa’s. For these individuals, a subsequent entrant visa may be made available. While typically held by TSS or 457 Visa’s, these can be made available in some instances for those that own a 482 Visa. The visa will enable the holder to stay in Australia for as long as it is valid. They will be able to live and work in the country without issue. They will also be able to undertake studies in a chosen course for the duration of the visa. As with the previous Visa streams, a Subsequent Entrant will be able to travel to and from Australia without limit for as long as the visa is valid. However, the Subsequent Entrant must be a dependant of the holder of the 482 to be able to be approved. Partners of the 482 Visa holder are also able to make use of this Visa type. These are the only Visa stream that does not have any significant requirements of language, skill test, or being apart of an approved employment list. Provided they are a dependent or partner of the 482 Visa holder they will have a chance of the approval supplied the applicant meets requirements. Unlike the other previously stated streams, this one does not have an estimated time for approval as it is dependent on the cases.

Labour agreement stream

The Labour Agreement stream is a temporary visa. Eligible applicants can stay in Australia for the time an employer nominates them, usually a maximum of 4 years, but it would depend on the terms in the labour agreement and the validity period of the visa. This visa is for skilled workers nominated by employers who have a Labour Agreement. Applicants can live and work in Australia temporarily. Created between the Australian Government (represented by the Department) and employers, the labour agreement stream allows an applicant to stay a maximum of 4 years, depending on the terms of the agreement. 

482 Visa Checklist- Long Term Stream

• Must be nominated to work in an occupation on the list of eligible long-term skilled occupations
• have at least 2 years relevant work experience in the nominated occupation or a related field
• have a relevant skills assessment if this is required for the occupation
• work only for the sponsor or associated entity, unless exempt
• meet minimum standards of English language proficiency unless exempt from needing to show this.

Processing times:

Processing times can vary between 21 to 39 days.

482 Visa requirements for Long Term stream

To be eligible for the labour agreement stream, the applicant must be nominated to work in a specified occupation under the terms of a Labour Agreement and have at least two years relevant work experience in the nominated occupation or a related field. The applicant must also have a relevant skills assessment if required for the occupation, work only for the sponsor and meet minimum standards of English language proficiency, unless exempt.

Applicants can work in Australian for up to 4 years for their sponsor, study (however, they won’t receive government assistance) and travel to and from Australia as many times as they want, while the visa is still valid. If the visa is expiring, and the applicant intends to stay in Australia to work for the existing employer, the employer will need to submit a new nomination and must apply for a new visa. The employer could also sponsor for permanent residence through the Employer Nomination Scheme (subclass 186).

If the applicant intends to include family members, they can include them as ‘secondary applicants’ in the visa application. The family members that can be added will depend on whether the applicant currently holds a subclass 457 or TSS visa.

If the applicant has not previously held a subclass 457 or TSS visa

If the applicant has not prior held a subclass 457 or TSS visa, the secondary applicants that can be included in the visa application are those who are members of the family unit.

If the applicant has held a subclass 457 or TSS visa

If the applicant currently has held a subclass 457 or TSS visa and are applying for a subsequent subclass TSS visa, the secondary applicants who can be included in your application are:

• one of the members of the family unit
• or a person who currently holds a subclass 457 or TSS visa that was granted on the basis that they were a member of the family unit at the time, and is now one of the following:
• the spouse or de facto partner,
• your or your spouse’s or de facto partner’s child or step-child who is not engaged, married or in a de facto relationship, and is:
  • younger than 23
  • aged 23 or older and fully or mostly reliant on you or your partner because they cannot work, due to a total or partial physical or mental disability
• • is a dependent child of your or your spouse or de facto partner’s child or step-child 

The secondary applicants must be included in the main applicant’s nomination to be granted the visa, or provide written evidence that the sponsor who nominated the main applicant agrees that the second applicant can be a secondary sponsored person.

Secondary applicants who apply for the visa must meet character and health requirements.

Applicants can not add family members to the visa application after submission. 

If submitted and the Department of Home Affairs is processing it, family members that have not included in the visa application can lodge a subsequent entrant application.

If you request assistance with your up-coming 482 visa application, click here for a free consultation to speak to a legal professional now.