TSS 482 Visa Application is a process of obtaining a working visa to work temporarily in Australia
A foreign worker may lodge a TSS 482 visa application if they are sponsored under the Temporary Skill Shortage (TSS) Class GK Subclass 482 to work in Australia in a skilled occupation.
The TSS 482 visa program allows an Australian business to employ overseas workers to address short term skilled labour shortage by allowing them to sponsor genuine skilled foreign workers if they are unable to find similarly skilled Australian workers.
The TSS 482 Visa application involved or linked to 2 other applications:
- employers must be an approved Standard Business Sponsor (SBS), click here to learn more.
- employers must successfully nominate the occupation and the person who will work in that occupation, click here to learn more.
The TSS 482 visa application may be lodged at the same time as the SBS sponsorship application and nomination application. However, sponsorship application must be approved by the Department of Immigration (Department of Home Affairs) before the nomination application can be approved. And the nomination application must be approved before the TSS 482 visa application can be approved. If you successfully lodged a TSS 482 visa application and you are in Australia, the Department of Immigration will usually grant you a bridging visa to allow you to remain in Australia until your application is finalised (click here to learn more about bridging visa).
Can my family sponsor me?
In very limited situation can your family sponsor you or you sponsor yourself as the Department of Immigration has to be satisfied that the nominated position or occupation is genuine in addressing a temporary skill shortage in that occupation. Furthermore, the Department of Immigration has to be satisfied that your intention to perform the occupation is genuine and not simply for you to lodge a TSS 482 visa application.
Unless you are exempted, you will be required to show that you have started a skills assessment or able to provide a positive or suitable skills assessment outcome for your nominated occupation (click here to see if you need a skills assessment) to make a TSS 482 visa application.
In addition, the Department of Immigration has to be satisfied that you have the necessary skills, qualifications and working experience necessary to perform the nominated occupation. You may be asked to provide employers’ references or letters confirming your working experience.
The Department of Immigration will assess your skills against the occupation maintained by ANZSCO (click here to find your occupation). It is not necessary that you possess skills and experience that covers the breath of tasks listed under the ANZSCO. However, your skills and experience must be enough to perform most of the core elements of that occupation. For example, you could be highly skilled but specialised in a small range of tasks listed in the ANZSCO.
If your occupation, for example, a medical practitioner, required you to have the relevant registration or licence then you may not be required to provide a skills assessment.
Years of working experience?
You must have at least 2 years full-time or part-time equivalence work experience in the nominated occupation in order to be able to successfully lodge a TSS 482 visa application. According to the National Employment Standards (click here to learn more about NES) 38 hours per week is considered full-time work; or between 32 and 45 hours under an industry award or an agreement that is consistent with NES; or prevailing work arrangements. This rule applies to your nominated occupation or a related field to those of the nominated occupation outlined in ANZSCO and at the same skills level.
If you are lodging a TSS 482 visa application under the Labour Agreement, you might not be required to have the necessary 2 years work experience if the Department of Immigration consider it reasonable, and the labour agreement provide for exemption, to disregard this requirement.
You can include work experience gained in a vocational placement which was completed while working in the nominated occupation or performing tasks at the same skill level in a related field. However, this work experience should have been undertaken on a full-time basis in the last 5 years but not necessary on a continuous basis. Casual employment cannot be counted toward meeting the work experience requirement when lodging a TSS 482 visa application.
When lodging a TSS 482 visa application, you must show that you are a genuine applicant for entry and stay as a temporary entrant, unless you are exempted by an International Trade Obligation (ITO). This is commonly known as GTE. If you have not held 2 working visas or TSS 482 visas under the short-term stream during the last 5 years or has not been in Australia for 4 years (regardless of the visa types), then you could satisfy the GTE requirements. The Department of Immigration may take into consideration the following factors or circumstances:
- your circumstances;
- your immigration history; and
- any other relevant matter
In assessing whether you satisfy the GTE requirements, the Department of Immigration will give weight to:
- whether you have substantially complied with visa conditions attached to all visas;
- whether you have been staying in Australia intermittently; and
- whether you have established ongoing residence in Australia.
To be successful in lodging your TSS 482 visa application, you must show you have English proficiency, for example, at least 5 in each of the component in IELTS test (4.5 if applying under the short-term list). Your score must be achieved in a single attempt and the test must be completed within 3 years of lodging your TSS 482 visa application. Some exemptions apply (click here to find out if you are exempted).
Cannot work for another company
If your TSS 482 visa application is successful and you are granted a working visa TSS 482, you can only work in the nominated occupation, unless you are exempted, in your sponsor’s business (if an overseas business) or within your sponsor’s business or an associated entity (if Australian business).
Your relationship with your sponsor must be of a direct employer-employee relationship. You may be exempted if you are a doctor working in a number of locums or medical centers, or you are a board director of several unrelated companies.
Including family members
When lodging your TSS 482 visa application, you can include your dependent children who are under 23 (if over 23, must be incapacitated for work due to the total or partial loss of their bodily or mental functions). However, they must be included in your sponsor’s nomination application. If they are not included in the nomination application, your sponsor must agree in writing that they are to be included as secondary sponsored person. Members of your family can be in or outside Australia when lodging the application and when the visa is granted.
If your sponsor is an established business or a startup company engaged in the STEM or certain industry, your sponsor may also be able to become a sponsor under the Global Talent Employer Sponsored or the GTES program (click here to learn more). You may receive certain concessions if your employer is a Global Talent Employer.
If you are granted this visa, your sponsor has numerous obligations to comply (click here to learn more).
AAT review right
If your TSS 482 visa application is refused while you are in Australia, you may apply to the AAT for a merits review if:
- your sponsor’s nomination is approved and has not ceased; or
- your sponsor has lodged the nomination but has not be finalised; or
- there is an AAT application to review the decision not to approve the sponsorship application; or
- there is an AAT application to review the decision not to approve the nomination.
If your TSS 482 visa application is refused while you are outside of Australia, you only have a right to apply to the AAT if:
- you are or was the subject of an approved nomination, even the nomination has ceased; or
- the nomination has been lodged but not yet finalised; or
- your sponsor is an Australian business; and
- your sponsor is willing to lodge an AAT application.
If you are a Hong Kong passport holder, you may be eligible for the visa extension for Hong Kong citizens scheme (click here to learn more).
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you decide if you can lodge a TSS 482 visa application (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.