Basic Requirements for the Temporary Skills Shortage 482 Visa

In this blog, we will discuss the basic requirements for the Temporary Skills Shortage 482 Visa

Sponsoring Business Requirements:

The business seeking to employ you must:

• Be actively and lawfully operating in Australia; OR
• Be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation or to fulfill contractual obligations.

In addition, there must not be any adverse information known that is relevant to the business’s suitability as an approved sponsor.

Note: Adverse information includes (but is not limited to) contraventions of Commonwealth, State, or Territory Laws relating to matters such as immigration, industrial relations, or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department of Home Affairs.

Accreditation

Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your employer’s business may be eligible for accreditation.

Nominated Position Requirements:

The position to be filled must:

• Be a genuine, full-time position
• Be in the sponsor’s business (or that of an associated entity) and be subject to a written contract of employment (unless exempt from this requirement)

Note: If the sponsor is located overseas, the position must be located in the sponsor’s business.

• Have a salary that is:
• At least $70,000 per year (excluding any non-monetary benefits) AND
• At least the annual market salary rate (AMSR) for your nominated occupation

Note: The AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $70,000 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than $250,000 per year.

• Be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
• Have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for at least 4 weeks

Note: Alternative LMT criteria apply in certain circumstances. Evidence provided in support of LMT must meet strict criteria regarding the location, type, and content of the advertisement. Sponsors are not required to undertake LMT if an International Trade Obligation applies.

Additional Requirements: Medium-term Stream

To qualify for the Medium-term stream of this visa, the nominated position must also be:

• On the current Medium and Long-term Strategic Skills List (MLTSSL) OR
• On the Regional Occupation List (ROL) AND located in a regional area of Australia

Note: Certain occupations on these lists will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position).

The Medium-term stream allows for a maximum four-year term of employment.

Additional Requirements: Short-term Stream

The nominated position must also be on the Short-term Skilled Occupation List (STSOL) to qualify for the short-term stream of this visa.

Note: Certain occupations on this list will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position).

The Short-term stream allows for a maximum two-year term of employment unless an International Trade Obligation (ITO) applies.

Sponsors must pay the Skilling Australians Fund (SAF) levy for EACH subclass 482 nomination lodged with the Department. The amount payable varies based on the sponsor’s annual turnover and the visa applicant’s proposed period of stay in Australia:

• For sponsors with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$1,200 for each year of the nominated visa applicant’s proposed period of stay i.e. AU$1,200 for a 1-year visa; AU$2,400 for a 2-year visa and so forth.
• For sponsors with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$1,800 for each year of the nominated visa applicant’s proposed period of stay i.e. AU$1,800 for a 1-year visa; AU$3,600 for a 2-year visa and so forth.

The SAF levy must be paid upfront, at the time that the nomination is lodged.

Visa Applicant

As the visa applicant, you must:

• Have skills (qualifications and/or work experience) that match those required for the nominated position

Note: Certain applicants will be required to undergo a formal skills assessment, which must be commenced prior to lodging the visa application.

• Have at least two years of full-time experience (or the part-time equivalent) in your nominated occupation (or a related field)
• Genuinely intend to work in the nominated position
• Meet any mandatory licensing, registration, or professional membership requirements
• There is no Age criteria for a 482 visa.
• Have made adequate arrangements for health insurance during your stay in Australia and meet the relevant health and character criteria

To qualify for the Medium-term stream of this visa, you must also:

• Have the required level of English proficiency i.e.
• Hold a valid passport issued by the UK, USA, Canada, New Zealand, or the Republic of Ireland (and you are a citizen of that country) OR
• An IELTS test score of at least 5 in EACH test component OR an Equivalent test.

You are exempt from this requirement if you have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English.

Additional Requirements: Short-term Stream

To qualify for the Short-term stream of this visa, you must also:

• Genuinely intend to stay in Australia on a temporary basis only
• Have the required level of English proficiency i.e.
• Hold a valid passport issued by the UK, USA, Canada, New Zealand, or the Republic of Ireland (and you are a citizen of that country) OR
• An IELTS overall test score of at least 5.0 (with a minimum of 4.5 in EACH test component) OR Equivalent test.

If you are a Business looking to sponsor your overseas workers in Australia, you may get in touch with us.

Disclaimer:

The information shared by Nationwide Migration and Education on social media and blogs is for general informational purposes only. (The information is accurate at the time of publication but may be subject to change.) It is not legal or immigration advice and should not be relied upon as such.

If you need immigration advice specific to your circumstances,?please book a consultation with our Registered Migration Agent.