About the Temporary Skill Shortage subclass 482 TSS visa program
The TSS visa is designed to enable employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority.
The Subclass 482 visa enables employers to source skilled overseas workers to address labour shortages where an appropriately skilled Australian worker is unavailable. Overseas workers must be nominated by a sponsoring business and obtain a Subclass 482 visa before they can commence work in Australia. Subclass 482 visas have a Short-term stream (up to 2 years duration), a Medium-term stream (up to 4 years duration), and a Labour Agreement stream (up to a 4 year duration depending on the terms in the labour agreement).
On this page
01. Update 14 November 2023
02. Unlocking the Path to Permanent Residency
03. Australian PR is now easy from 482 visas [Expanding Access to PR]
04. Age exemption
05. Regulatory from work
06. Sponsorship obligations for employers for sponsored visas – Australia
01. Update 14 November 2023
Australian PR is now easy from 482 visa [Expanding Access to PR]
It’s Official! Age Exemptions!
Good news for all doctors and many other professionals!
Finally welcomed changes for 457/482 visa holders. Commencing proposed 25th November 2023
02. Unlocking the Path to Permanent Residency
In a landmark decision, the Australian Government has announced significant changes to its skilled migration program, easing the pathway to permanent residency (PR) for Temporary Skill Shortage (TSS) 482 visa holders. This transformative move paves the way for a streamlined transition to PR status, opening doors for skilled migrants to establish their roots in Australia.
The amendment amends two instruments in the following manner.
LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas 2019 is amended to:
* alter the definition of Subclass 457/482 worker to reduce the period of time the applicant must have worked for the employer who made the nomination from 3 years to 2 years in the last 3 years, immediately before application for a Subclass 186 or 187 visa
* alter the definition of the Subclass 457/482 worker who is not required to meet the age requirement because they meet the FWHIT is reduced from 3 years to 2 years employment
* alter the definition of regional medical practitioner applicant to reduce the period the applicant is required to have been employed as a medical practitioner in a regional areas from 3 years to 2 years
* remove references to COVID related concessions exemptions as redundant.
For more…. Australian PR is now easy from 482 visa [Expanding Access to PR]
Relevant law
Migration Act 1958 and Migration Regulations 1994 and
- Schedule 1 Item 1240 Temporary Skill Shortage (Class GK)
- Schedule 1 and certain Schedule 2 regulations for subclass 482, as well as other related regulatory provisions.
- PI provides guidance on the visa application process associated with the Temporary Skill Shortage (subclass 482) visa.
There are three streams available under this visa program:
- 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; or
- Labour Agreement stream– this is the temporary visa product utilised where an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers, where there is a demonstrated need that cannot be met in the Australian labour market and the standard TSS visa program is not available.
While their visa remains in effect, TSS visa holders:
- can work in Australia for their approved sponsor in their approved occupation;
- may bring any eligible dependants with them to Australia — dependants can work and study; and
- have no limit on the number of times they can travel in and out of Australia while the visa is valid.
Strong worker protection measures are also in place to ensure that overseas skilled workers are afforded the same workplace rights as Australian workers.
There are three stages in sponsoring an overseas worker under the TSS visa program:
- Sponsorship: The employer applies for approval as a standard business sponsor. For guidance on sponsorship requirements
- Nomination: The employer nominates an occupation for a prospective TSS visa applicant or existing TSS visa holder. This is the second step to obtaining a TSS visa. For guidance on nomination requirements
- Visa application: The person nominated to work in the nominated occupation applies for a TSS visa. This is the final step to obtaining a TSS visa and is covered by this instruction.
Note:
- For the Labour Agreement stream, the sponsorship stage of the process is replaced with the negotiation and signing of a Labour Agreement. TSS nomination and visa applications are still, however, required.
- Existing TSS visa holders do not need to make a new visa application in order to change employer unless their current visa is due to cease. However, they cannot change their employer before a new nomination is approved unless they are in a specified occupation.
- If an existing TSS visa holder wishes to change their occupation, they must have not only a new nomination in place, but also be granted a new TSS visa, before they can work in a new occupation, otherwise they will be in breach of their visa conditions (i.e. condition 8607)
Work experience requirements for the TSS visa
As per the Government’s 18 April 2017 announcement, TSS visa applicants will be required to have worked in the nominated occupation, or a related field, for at least two years. Work experience related caveats that apply at the nomination stage for the subclass 457 visa will not apply to TSS nominations.
Policy settings will be outlined in the TSS visa Procedural Instructions that will be published on the implementation date. Interim guidance for agents is provided below:
- Work experience will be considered flexibly in the context of the nominated occupation and industry practices
- The work experience should have been undertaken in the last five years and would need to be calculated in terms of full time work. Part time work experience may be considered
- Experience gained as part of the research components of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations
- Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs)
- The internship component of the Professional Year Program may be considered as work experience for relevant occupations
- Performance experience gained while studying may be considered for applicants with a performing arts occupation.
The tables below summarises the transitional arrangements that are expected to be in place:
| How will pipeline applications be processed after the implementation date of TSS? | |
| Standard business sponsorship (SBS) applications lodged before the implementation date | will continue to be processed under the old rules subject to minor transitional arrangements to the benefit of employers (example: will move to new five year periods, and training benchmarks will not apply subject to the Skilling Australians Fund (SAF) arrangements having come into effect – see below). |
| Subclass 457 nomination applications for existing subclass 457 visa holders lodged before the implementation date | will be processed under ‘old rules’ |
| Subclass 457 nomination applications for visa applicants lodged before the implementation date |
|
| Subclass 457 visa application lodged before the implementation date | will be processed under ‘old rules’ and if satisfied, a subclass 457 visa will be granted. |
| I have | I can |
| an existing SBS sponsorship |
|
| an approved subclass 457 nomination that has not ceased |
|
| a subclass 457 visa in effect |
Note: time on my subclass 457 visa will not ‘count’ in terms of the onshore renewal rules for the TSS visa. |
There are very complex regulations and criteria. The internal policy of the department contains the following headings under which further procedural instructions are given to case officers. It is our opinion that you must always consult a lawyer for guidance rather than non-lawyer immigration agent.
03. Australian PR is now easy from 482 visas [Expanding Access to PR]
Australian PR Pathway: Simplified Access for 482 Visa Holders
Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 is amended to:
* remove Subsection Part 2,6(1) which currently specifies the requirement to have an occupation on the Medium and Long term Strategic Skills List for the TRT stream and other references to that subsection.
This Instrument will continue unchanged for the Direct Entry Stream
These amendments apply to applications for nominations made on or after 18 March 2018, but not yet finally determined and applications made on or after the commencement of this instrument.
Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 makes the required amendments to the Regulations to give effect to the changes that expand pathways to permanent residence for TRT stream SC 482 and 457 skilled workers.
This instrument amends:
- Reg 5.19 to expand access to the TRT streams of the Subclass 186 or 187 visas for all holders of SC 482 and SC 457 visas, regardless of the stream in which their visa is held
- reduce the length of the eligibility period that is required for approval of a nomination in the TRT stream eligibility period, from 3 years in 4 years, to 2 years in 3 years
- remove the requirement for the occupation identified in the nomination to be on the MLTSSL or the ROL, ensuring that applicants under the TRT stream are not disadvantaged if their occupation is removed from the relevant occupation list
- extends the permission to allow all employers including parties to a work agreement who sponsored a worker under a labour agreement, to make a nomination under the TRT stream
- removes the limit on the number of Subclass 482 visa applications in the Short term stream that can be made in Australia.
This Instrument commences on 25 November 2023.
For those on 457 worker, for a Subclass 186 (Employer Nomination Scheme) visa application means a person who:
(a) held a Subclass 457 (Temporary Work (Skilled)) visa on or after 18 April 2017;
(b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
(c) applied for the Subclass 186 (Employer Nomination Scheme) visa on or before 30 June 2024.
04. Age exemption
Usually, you must be under 45 years of age when you apply.
You are exempt from this criterion if any of the following applies to you:
- You are nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
- You are nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
- You are a nominated medical practitioner and in the 3 years immediately before you apply have worked in that occupation in a designated regional area of Australia for at least 2 years as a subclass 457 or 482 visa holder. The nominated position is in a designated regional area of Australia.
- As a subclass 457 or 482 visa holder, you have been working in the nominated occupation for the nominating employer for at least 2 years during the 3 years ending immediately before you apply, and your earnings for each year of that period were at least as much as the Fair Work High Income Threshold .
Transitional arrangements – Age
If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, you can still apply for this visa if you are under 50 when you apply.
From 1 July 2022 to 30 June 2024, eligible legacy subclass 457 visa holders will be able to access an age exemption when applying through the TRT stream. To be eligible the visa holder must:
- have held a subclass 457 visa on or after 18 April 2017
- have been in Australia between 1 February 2020 and 14 December 2021 for at least one year
- meet all other nomination and visa requirements
Streamlined Eligibility Requirements
The revised guidelines eliminate the previous requirement for 482 visa holders to occupy occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) to qualify for PR under the Employer Nomination Scheme (ENS) visa. This expansion extends the PR pathway to a broader range of skilled occupations, aligning with Australia’s evolving skills needs and recognizing the contributions of a wider talent pool.
Reduced Employment Duration
Furthermore, the revised criteria reduce the required length of employment with a sponsoring employer from three years to just two years. This reduction acknowledges the valuable contributions that 482 visa holders make to Australian businesses and accelerates their path to PR, allowing them to fully integrate into Australian society.
Enhanced Opportunities for Skilled Migrants
These changes signify a significant shift in Australia’s skilled migration approach, recognizing the crucial role that skilled migrants play in driving economic growth and innovation. By simplifying the PR pathway, the government is attracting and retaining top talent, fostering a more diverse and inclusive workforce.
Implications for 482 Visa Holders
The revised guidelines present a wealth of opportunities for 482 visa holders, offering a clearer and more accessible path to permanent residency. With the reduced employment duration and expanded occupation eligibility, skilled migrants can now envision a more secure and fulfilling future in Australia.
Navigating the PR Process
To embark on the PR journey, 482 visa holders are advised to consult with an immigration lawyer who can provide expert guidance and ensure compliance with the latest requirements. These agents can assist in assessing eligibility, preparing documentation, and navigating the application process seamlessly.
Conclusion
The Australian government’s decision to simplify the PR pathway for 482 visa holders marks a positive step towards attracting and retaining skilled talent. By streamlining the process and expanding eligibility, Australia is positioning itself as a destination of choice for skilled migrants seeking to contribute their expertise and build a life in the country.
05. Regulatory from work
Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023
The legislative instrument for the new TSS to 186TRT pathway has now been released (Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023) and will come into effect on 25 November 2023.
In addition to opening up more pathways for subclass 482 visa holders to apply for a subclass 186TRT visa, the instrument also removes many of the COVID 19 concessions, including the definition of the concession period.
The Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 (the Amendment Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to expand access to the Temporary Residence Transition (TRT) stream of the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186 visa).
The changes also apply to the TRT stream of the Subclass 187 (Regional Sponsored Migration Scheme) visa (Subclass 187 visa).
The Subclass 186 visa and Subclass 187 visa are permanent visas that allow employers to nominate skilled overseas workers for permanent residence in Australia to fill genuine vacancies in their business. The Subclass 186 visa is available nationally, while the Subclass 187 is for skilled workers who want to work in regional Australia. Both programs consist of a TRT stream, with a Direct Entry stream and a Labour Agreement stream also available in the Subclass 186 visa.
For more information and to read the Regulations and Explanatory Statement for free,
Source:
Federal Register of Legislation: https://www.legislation.gov.au/Details/F2023L01531
06. Sponsorship obligations for employers for sponsored visas – Australia
The Migration Act 1958 (the Migration Act) contains the sponsorship compliance framework. The sponsorship obligations and circumstances in which a sponsor may be barred, or a sponsor’s approval may be cancelled are prescribed in the Migration Regulations 1994 (the Regulations).
Division 2.19 of Part 2A of the Regulations provides the sponsorship obligations which an approved work sponsor must satisfy, including an obligation to:
- regulation 78- Cooperate with Inspectors who are appointed under section 140V, and exercising powers under the Migration Act
- regulation 79- Ensure equivalent terms and conditions of employment of a sponsored person holding a Subclass 457 Temporary Work Skilled visa or a Subclass 482 Temporary Skill Shortage visa, or whose the last substantive visa held was a Subclass 457 (Temporary Work Skilled) visa or a Subclass 482 Temporary Skill Shortage visa;
- regulation 79A- Ensure equivalent terms and conditions of employment of a sponsored person holding a Subclass 494 Skilled Employer Sponsored Regional Provisional visa, or whose last substantive visa held held was a Subclass 494 Skilled Employer Sponsored Regional Provisional visa;
- regulation 80- Pay travel costs to enable sponsored persons to leave Australia
- regulation 80A- Pay travel costs – Domestic Worker (Executive) that requires the sponsor to pay for the sponsored person to travel to Australia, and leave Australia
- regulation 81- Pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen
- regulation 82- Keep records
- regulation 83- Provide records and information to the Minister
- regulation 84- Provide information to the Department when certain events occur
- regulation 85- Secure an offer of a reasonable standard of accommodation
- regulation 86- Ensure primary sponsored person works or participates in nominated occupation, program or activity
- regulation 86A- Ensure primary sponsored person works or participates in activity in relation to which the visa was granted
- regulation 87- Not to recover, transfer or take actions that would result in another person paying for certain costs
The two tables that follow demonstrate which sponsorship obligation applies to which class of sponsor and the relevant visa subclasses:
- Table 1 outlines the obligations that apply to all temporary work sponsors, with the exception of the temporary activities sponsor.
- Table 2 outlines which obligations that apply for temporary activities sponsors, dependent on which visa criteria is met, or visa subclass approved.
Note: Some obligations may vary depending on which activity, stream, program or visa criteria for which the sponsored person was approved.
Table 1 – Obligations for sponsorship class
*Note: This sponsorship obligation may apply depending on the visa stream that the primary sponsored person satisfied for the grant of their visa, refer to Table 2.
Table 2 – Obligations for temporary activities sponsor
*Note: Subclass 407 visa in relation to a volunteer role only.
**Note: Subclass 408.229A in relation to a volunteer role only.
