Temporary Skill Shortage 482 Visa

Most TSS visa holders, including any secondary applicants, will have a direct pathway to PR through the subclass 186 Employer Nomination Scheme visa. In the past, this pathway was only available to visa holders in the medium or labour agreement streams, however the Department has recently changed the regulations to allow short term visa holders access to the 186. This means that nearly all 482 visa holders now have the option of applying for PR after two years on a 482 visa.

Subclass 482 visa holders also have the option of applying for Permanent Residency under the subclass 189 skilled independent or subclass 190 skilled nominated visas, subject to meeting the relevant criteria.

Please contact us to see how we can outline your pathway to PR and your options as a TSS visa holder.

The duration of the 482 visa will depend on the nominated occupation. The relevant occupations are divided into two lists, being the short and medium term lists. Occupations listed on the short term list can be approved for a maximum of two years, while occupations on the medium term list can be approved for a maximum of four years.Visa holders who have applied in the labour agreement stream will be generally be approved for up to four years, depending on the terms of the agreement.

It is possible to apply for an additional 482 visa on expiry, however most visa holders will have the option to apply for PR at the end of their TSS visa.

When an employment relationship ends, the employer has an obligation to inform the Department. A TSS visa holder will then have a period of 60 days to find a new employer, and arrange for a nomination transfer. This involves an approved sponsor lodging a new nomination for the same occupation in relation to the existing visa. Once the nomination is approved, the TSS visa will continue for the remainder of the original visa period.

Changing employers will affect your eligibility for permanent residence, as it is a requirement that the visa holder has worked with the same sponsor on a 482 for a minimum of two years. The Department has indicated that it is their intention to allow experience with any sponsor to count toward the PR requirement, however this has not yet come into force and it is unclear when or if it will occur. They have also stated that they are intending to change the period to find a new employer from 60 days to 180 days, however this too has not yet occurred.

If you are unable to find a new employer before the completion of the 60 day period, you will need to leave Australia to avoid becoming an unlawful non-citizen. Please contact us for further assistance if you have ceased employment with your original sponsor.

Subclass 482 visa holders are not permitted to perform any work for another employer or in an occupation other than that which was listed in the nomination. Doing so may result in visa cancellation. Work is defined in the legislation as any activity which would normally attract remuneration, so some types of volunteer work may be permitted, however we recommend that you contact us to ensure that you are not breaching any of your visa conditions.

Any occupation on the Short Term Skilled Occupation list can be sponsored for a short term TSS. Occupations on either the Medium and Long-Term Strategic Skills List or the Regional Occupation list can be sponsored for a long-term TSS. A full list of the relevant occupations can be found in legislative instrument LIN 19/048.

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The costs for nominating a worker will vary depending on the duration of the visa and the turnover of the business. For all nominations, there is a fee of $330. There is also a Skilling Australians Fund (SAF) levy, which will be charged as follows:

• $1,200 per year for businesses with a turnover below $10m
• $1,800 per year for businesses with a turnover above $10m