Temporary Work Visas (482 TSS & 400)
Australia Temporary Skill Shortage Visa (482 TSS)
The Temporary Skill Shortage (482 TSS) visa is for employers who would like to sponsor an overseas employee for a visa to work in Australia for up to 4 years.
There are 3 eligibility streams with the Temporary Skill Shortage (482 TSS) visa. The chosen occupation will determine which steam the applicant will be eligible for.
- The Short-Term Stream which allows for a visa for up to 2 years with no pathway to permanent residence. This can be applied for one further time for an additional 2 years stay.
- Medium-Term Stream allows for a visa for up to 4 years with a pathway to permanent residence if certain other criteria are met e.g. age etc.
- Labour Agreement – eligibility criteria is negotiated with Home Affairs
The Australian Employer gets approval as a business sponsor. The Employer must provide details on their business, benefit of employing an overseas employee.
The Nomination identifies the (overseas) person who will fill the position within the business, and the occupation that person will undertake while in Australia. Only occupations on specific lists can be nominated for the Temporary Skill Shortage (482 TSS) visa. Further, depending on which occupation is being nominated will depend on how long the Temporary Skill Shortage (482 TSS) visa can be granted for – either 2 years if the occupation is on the Short Term Skilled Occupation List (STSOL), or 4 years if the occupation is on the Medium and Long Term Strategic Skills List (MLTSSL).
Note if the occupation is on the STSOL, then the visa will only granted be for 2 years and the applicant will be allowed one more onshore application for a further 2 years only. There is no pathway to permanent residence if the occupation is on the STSOL. If the occupation is on the MLTSSL, the visa can be granted for up to 4 years with a pathway to permanent residence.
The position must be genuine and meet specific salary thresholds (Annual Market Salary Rate (AMSR)) and, Labour Market Testing (LMT) must also be undertaken. Adverts for the position must be less than 6 months old and be in specific publications or media outlets. Caveats also apply to certain occupations.
When it comes into effect, as part of the nomination, there will be a (training) levy payable to the Skilling Australian Fund (SAF). This is payable at the time nomination is submitted. This amount will vary depending on the size of the business and the length of time the visa applicant will be employed in the business. An example of the cost – the business has a turnover of greater than 10 million per annum and sponsors one employee for 4 years for an occupation on the MLTSSL the SAF levy will be $7,200
Business size – by turnover
Temporary Skill Shortage (482 TSS) visa
Less than 10 Million
$1,200 per year or part of
More than 10 Million
$1,800 per year or part of
Temporary Skill Shortage (482 TSS) visa application
The prospective employee applies for the Temporary Skill Shortage (482 TSS) visa to enter or to remain in Australia. The visa applicant may need to demonstrate that they have (among other things):
- the necessary skills and attributes to match the nominated position (qualifications and work experience).
- any required occupation licenses
- At least 2 years post graduate work experience in the nominated occupation
- Meet the required level of English
- The visa applicant will also need to maintain medical insurance during the visa validity period.
With sponsored employment, the Employer has certain obligations to abide by. Some of these obligations are listed below: -
- cooperate with inspectors
- ensure equivalent terms and conditions of employment
- pay travel costs to enable sponsored persons to leave Australia
- pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen
- keep records
- provide records and information to the Minister
- provide information to Immigration when certain events occur
- ensure primary sponsored person does not work in an occupation other than an approved occupation
- Obligation not to recover certain costs from a primary sponsored person or secondary sponsored person
- Pay costs to locate and remove a unlawful sponsored person
- Provide training to Australians and permanent residents
- Not engage in discriminatory recruitment practices
Australia 400 Business Visa
The Australia 400 Visa is a Temporary Work visa and is suitable for people who would like to travel to Australia for up to three months to either do:
- highly specialized non-ongoing work or
- participate in social or cultural activities at the invitation of an organization in Australia or
- participate in an activity or work relating to Australia's interests.
You must be outside Australia when you apply for this visa and when the application is decided and must arrive within three months of the date the visa is granted.
The Australia 400 Business Visa allows you to stay in Australia for up to the three month validity of your visa and you can bring your family with you to Australia if they have been included in the visa application.
Requirements for the Australia 400 Business Visa
To be eligible for the Australia 400 Business Visa you are required to have specialised skills such as experience or knowledge that will assist Australian business, are required in Australia for exceptional circumstances of national importance (e.g. to assist following a natural disaster), or have been invited to participate in an event by an Australian organisation.
Contact us to arrange a consultation to discuss your Australia visa requirements, for which we charge a fee:
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