Australia Office
Temporary Skill Shortage (TSS) Visa is designed for the Australian businesses to fill up the labor shortage. Australian businesses can hire skilled employees from overseas when they are unable to hire the skilled worker from the local labor market in Australia. Importantly, there is no age requirement for the TSS Subclass 482 Visa, if you meet the health & character requirements, got skills and experience, you can be sponsored.
The immigration department had abolished the previous Subclass 457 Visa, which used to serve the same purpose for the employers, and now TSS Visa (Temporary Short Skill Visa) has come in effect from 18 March 2018.
From 19 April 2017, Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) were also replaced by Medium to Long Term Strategic List (MLTSSL) and Short-Term Occupation List (STSOL).
TSS visa has three streams:
$3115 for Labour Agreement (LA) Stream
$1495 for Short Term (ST) Stream
$3115 for Medium Term (MT) Stream
The Labour Agreement stream for the Temporary Skill Shortage Visa (subclass 482) allows employers to sponsor skilled workers under a formal agreement with the Australian government. This stream caters to specific industries or regions facing labor shortages not addressed by the standard visa program. Employers must have a Labour Agreement in place to nominate workers for this stream, ensuring compliance with agreed-upon terms and conditions.
In this stream, employee needs to be nominated for Subclass 482 under the labour agreement stream only. Instead of adhering to the Short Term Skilled Occupation List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL), the Labour Agreement specifies the occupation list.
Applicants might be exempted from the English language requirement if a labor agreement is secured with an exemption for English proficiency.
The duration of stay can extend up to four years, subject to the conditions outlined in the labor agreement. However, holders of Hong Kong passports may be permitted to stay for up to five years.
Employer is required to pay the Nomination Training Contribution Charges (NTCC) under the Skilling Australian Funds (SAF):
Under SAF, employer must pay $1200 per year for each applicant if the business turnover is less than $10 million.
Employer must contribute $1800 per year for each applicant. If the annual business turnover is over $10 million.
There are five types of labour agreements and one of the popular streams is Designated Area Migration Agreement (DAMA):
This scheme was introduced to fill up the labour shortage issues facing the parts of Regional Australia.
There are currently 12 DAMA's in place to recruit overseas workers in the regional Australia. Where it is hard to find Australian local workers:
1. Adelaide City Technology and Innovation Advancement, SA: Skilled & Business Migration
2. East Kimberley, WA: East Kimberley Chamber of Commerce and Industry
3. Far North Queensland, QLD: Cairns Chamber of Commerce
4. Goulburn Valley, VIC: Goulburn Valley
5. Great South Coast, VIC: Warrnambool City Council
6. Northern Territory, NT: Northern Territory Designated Area Migration Agreement
7. Orana, NSW: Regional Development Australia - Orana, NSW
8. Pilbara, WA: RDA Pilbara
9. South Australia Regional, SA: Skilled & Business Migration
10.South West, WA: Shire of Dardanup
11.The Goldfields, WA: City of Kalgoorlie Boulde
12.Townsville, QLD: Townsville Enterprise Limited
Short-term stream - This stream is for employers to source highly skilled overseas workers to fill short-term positions in a range of occupations for a maximum of two years (or four years if an international trade obligation [ITO] applies).
Medium-term stream – this stream is for employers to source highly skilled overseas workers to fill medium-term critical skills needs for up to four years, with eligibility to apply for permanent residence after three years.
If you're applying for this visa from within Australia, you must possess a substantive visa or one of the following: Bridging Visa A (BVA), Bridging Visa B (BVB), or Bridging Visa C (BVC).
Short-term stream – Prior to applying for a TSS visa, your prospective employer must initiate a nomination application. They can only proceed if they are an approved sponsor or have applied to become one. Your employer must nominate you for a position listed on the Short-Term Skilled Occupation List (STSOL).
Medium-term stream – Prior to applying in this stream, your prospective employer must initiate a nomination application. They can only proceed if they are an approved sponsor or have applied to become one. Your employer must nominate you for a position listed on the Medium and Long-term Strategic Skilled Occupation List (MLTSSL).
Certain primary TSS visa applicants are obliged to undergo a compulsory skills assessment during the application process. When a mandatory skills assessment is necessary, it must be initiated prior to submitting your visa application. We highly advise consulting a registered migration agent to determine if you qualify for an exemption from the skills assessment.
You must possess a minimum of two years of full-time experience in the nominated occupation or a related field, acquired within the past five years. This experience does not have to be continuous, and the department may take part-time experience into account, though casual experience will not be considered.
Unless exempt from English testing requirements, the primary applicant must provide evidence of their English language proficiency. The English requirements are as below:
✅ An International English Language Testing System (IELTS) overall test score of at least 5.0 with a score of at least 4.5 in each of the four test components. For Medium Stream - overall test score of at least 5.0 with a score of at least 5.0 in each of the four test components.
✅ A Pearson Test of English (PTE) Academic overall test score of at least 36 with a score of at least 30 in each of the four test components. For Medium Stream - overall test score of at least 36 with a score of at least 36 in each of the four test components.
✅ A Cambridge English Advanced (CAE) overall test score of at least 154 with a score of at least 147 in each of the four test components. For Medium Stream - A Cambridge English Advanced (CAE) overall test score of at least 154 with a score of at least 154 in each of the four test components.
✅ An Occupational English Test (OET) score of at least “B” in each of the four components;
The scores must have been achieved in a single attempt at the test and the test must have been completed within 3 years of the valid visa application lodgement date.
Some applicants are exempt from English language testing if they are:
Primary applicants who are a citizen of, and hold a valid passport issued by, one of the following countries: United Kingdom, United States of America, Canada, New Zealand, Republic of Ireland.
Primary applicants who have completed at least five years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English.
The duration for which a TSS visa can be granted is determined by both the nomination and the type of visa applicant:
Short-term Stream - Stay for up to 2 years or up to 4 years if an International Trade Obligations applies.
Medium-term Stream - Stay for up to 4 years and Hong Konf passport holders may stay up tp 5 years.
Labour Agreement Stream - Stay for up to 4 years depending on the termsn in the labour agreement. Hongkong passport holders may stay up to 5 years.
Permanent residency pathway is available for the applicant who worked on the TSS Visa Subclass 482 for 2 years
TSMIT, which stands for the 'temporary skilled migration income threshold,' was raised from $53,900 to $70,000 effective from July 1, 2023. This adjustment aims to guarantee that 482 visa holders receive compensation at acceptable market rates while safeguarding Australian workers from any potential disadvantage. Additionally, some occupations may have salary caveats above the TSMIT level.
AMSR, or the Australian Market Salary Rate, is a benchmark used to ensure that temporary skilled visa holders are paid at market rates. It helps maintain fairness between migrant workers and Australian employees. This rate is periodically reviewed to reflect changes in the job market and ensure that overseas workers receive appropriate compensation.
If there's an Australian in the same job with similar qualifications and experience, it's expected that a 482 TSS visa holder will receive comparable pay. Employers must justify the Australian Migration Salary Rate (AMSR) for the nominated role. If no Australian counterpart exists, employers can prove the proposed salary's adequacy through market research using data from ABS or recruitment agencies. Registered Migration Agents typically assist with this process. We strongly recommend you to book an appointment with our Registered Migration Agen.
If you are seeking to apply subclass 482, it is a 3-stage process.
Step 1 – Standard business sponsorship (SBS)
The first stage is for the business to seek approval of Standard Business Sponsorship (SBS). Your employer must be an approved work sponsor under the Australian Migration Act.
Step 2 – Nomination for the employee
Second stage is where the business under labour agreement or SBS Status, nominate the applicant for the position. Sponsorship approval (SBS) period is valid for up to 5 years.
The nomination musts be from an occupation on the MLTSSL, STSOL, or ROL with a 6-digit ANZSCO code.
Step 3 – 482 Visa Application
The final stage is where the application for TSS Visa 482 lodged by nominee. Visa can be lodge in or outside Australia. Subsequent further application for Visa 482 is also subject to ‘subsequent temporary application charges’ on top of the normal visa application charge.
One of the main visa conditions for TSS 482 visa is ‘condition 8607’.
If the sponsor business is from overseas, visa holder must work for the same position and for the same business.
If the sponsor business is an Australian business than visa holder must work for the same business or for an associated entity of the sponsor and for the same position.
Visa holder must work within 90 days upon arrival, or within 90 days after the visa is granted if the applicant is already in Australia.
If the holder ceases employment, the period during which the holder ceases employment must not exceed 60 consecutive days.
If visa holder requires a license or registration to perform the work, she/he must hold it either within 90 days of the visa grant or arrival to Australia, whichever applies.
Australian Immigration Law is complicated, and you should always seek migration advice from the registered migration agentMr. Pankaj Sharma's (MARN #2318344) transformation from an IT Expert to a proficient registered migration agent highlights his dedication to aiding others in navigating migration and education intricacies. AEC Global Education and Migration Services, under his guidance, remains a trusted source of support and direction for individuals aiming for success in Australia. So, if you need any advice or want to know your eligibility for Temporary Skill Shortage (TSS) Visa, please contact us.
