What is a TSS 482 visa?

From 18 March 2018 onwards, the TSS visa has replaced the 457 visa.

A TSS visa is to enable employers who cannot substitute the position with a skilled Australian to hire a skilled worker overseas. The business which sponsor the foreign skilled worker must be a Standard Business sponsor or an Overseas Business Sponsor.   TSS visa holders are allowed to work in Australia in their nominated occupation and may have a pathway to permanent residency.

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What can you do under this visa?

 This temporary visa allows the nominee to live in Australia while working for the sponsoring employer. Applicant can also include dependent family member(s) in their application. Spouse/ partner and children include in the TSS visa application will have unrestricted work and study rights.

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Three (3) steps to apply for the TSS 482 visa

1. A sponsorship application by the employer. The employer has to be lawful, active, operating business and comply with local labor and employment practice.

2. A nomination application has to be lodged.   This application concerns about the position, salary, efforts to hire an Australian worker, the genuineness of the position and the viability of the business to sponsor from overseas.

3. A visa application by the nominated employee.  applicant has to show that they meet the skill, health and character requirement. 

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Three streams under TSS 482 visa

1. Short-term stream.  
   Employers can source temporary overseas skilled workers for position listed on the Short-term Skilled Occupation List for a maximum of two years each time (or up to 4 years if an international trade obligation applies). The visa can be renewable once for a further two years. However, there is no pathway to permanent residency. 
    

2. Medium-term stream
   Employers can source highly-skilled overseas workers to position listed on the Medium and Long-term Strategic Skills List or the Regional Occupation list for up to four years, with eligibility to apply for permanent residency after 3 years.  There is a capacity for onshore visa renewals.
    

3. Labor Agreement stream
   Based on an agreement with the Commonwealth, employers can source overseas skilled workers in which he or she is able to demonstrate that they cannot fill the position within the local labor market and standard visa is not available.  There is also a capacity to negotiate a permanent residency option.

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TSS 482 visa to permanent residency

 Pathways to permanent residency on a Medium Term TSS 482 Visa

 A TSS visa holder can apply for permanent residency through the Employer Sponsored Temporary Transition Stream if:

 

• Your occupation is on the Medium Term list

• The applicant has worked for the same employer for 3 years on his or her TSS visa

• The applicant has worked for the same occupation for 3 years on his or her TSS visa

• Met the English requirement (IELTS 6 in each band or equivalent), exemptions may apply

• Under the age of 45 at the time of applying for Permanent residency

 

 Pathway to permanent residency on a Regional TSS 482 visa

An applicant is eligible to apply for permanent residency if:

• The occupation is on the Regional occupation list and working in a designated regional area

• Have worked for the same employer for 3 years on his or her TSS visa

• Have worked in the same occupation for 3 years on his or her TSS visa

• Met the English requirement (IELTS 6 in each band or equivalent), exemptions may apply

• Under the age of 45 at the time of applying for Permanent residency

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TSS 482 visa to Permanent residency (ENS subclass 186) in 2020.

TSS visa holder can apply through Employer Nominated Scheme or the Regional Employer Sponsored Scheme. The employer must be willing to sponsor the candidate for permanent residency and lodge a valid nomination with the Department of Home Affairs.

 

Nowadays, the TSS visa requires every applicant to have a minimum of three years working experience or five years if they do not have a qualification based on the skilled level of the nominated occupation.

 

To apply for permanent residency, the applicant must meet the basic requirements and be paid at the minimum salary for the position.  

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Eligibility requirements for ENS (subclass 186)- Temporary Residence Transition Stream

 

Age

Usually, the applicant must be under 45 y/o at the time of application.

Exceptions to the requirement: 

1. Nominated as an academic by an Australian University 

2. Nominated as a scientist, researcher, or technical specialist at ANZSCO by an Australian scientific government agency.

3. As a TSS visa holder, the applicant has been working in the nominated occupation for the nominating employer for at least 3 years with earnings as much as the Fair Work High Income Threshold in each year of that period. (Income table is given below and linked) 

4. As a medical practitioner, the applicant has worked in the nominated occupation for at least 3 years, and for 2 of those 3 years were employed in regional Australia. 

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Note: 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.

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​English Language

Applicant must have Competent English. (Details of competent English given below and linked)

No exceptions for this requirement from 16 November 2019.

 

​Visa

Applicant must be the primary visa holder of either:

1. a subclass 457 visa that was not granted under the Labour Agreement stream

2. a subclass 482 (TSS) visa granted for an occupation on the Medium to Long-term Strategic Skills list

3. a Bridging visa A, B or C

The bridging visa must be the one you were granted after your subclass 457 or TSS visa expired.

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Licensing, or registration

You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.

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Relevant work experience and nomination by sponsoring employer

The employer must have sponsored the applicant to work full-time on a subclass 457 or subclass 482 visa for at least 3 of the 4 years before nominating for the subclass 186 visa.

 

If the applicant held a subclass 457 visa on 18 April 2017, the employer must have sponsored to work full-time for at least 2 of the 3 years before nominating you for this visa.  Applicant must also meet health and character requirements and sign the Australian value statement.

 

Eligibility requirements for ENS (subclass 186)- Direct Entry Stream

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Age

Usually, the applicant must be under 45 y/o at the time of application.

Exceptions to the requirement: 

1. Nominated as an academic by an Australian University 

2. Nominated as a scientist, researcher, or technical specialist at ANZSCO by an Australian scientific government agency.

3. The applicant holds a  Special Category (subclass 444) or New Zealand citizen's family member (subclass 461) visa and has worked for the nominating employer in the nominated position for at least 2 years in the last 3 years immediately before applying. 

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English Language

Applicant must have at least Competent English. (Details of competent English given below and linked) No exceptions for this requirement from 16 November 2019.​

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Eligible occupation

Applicant’s occupation must be on the relevant list of eligible skilled occupations.

 

Positive skills assessment

Most applicants need to have a skills assessment that shows they have the skills to work in the nominated position.

Exceptions to the requirement: 

1. Nominated as an academic by an Australian University 

2. Nominated as a scientist, researcher, or technical specialist at ANZSCO by an Australian scientific government agency.

3. The applicant holds a  Special Category (subclass 444) or New Zealand citizen's family member (subclass 461) visa and has worked for the nominating employer in the nominated position for at least 2 years in the last 3 years immediately before applying. 

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Relevant work experience

Most applicants need to have at least 3 years relevant work experience in their occupation.

Applicants who are exempt from the skills assessment requirement are also exempt from the work experience requirement.

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Nomination

Requirements: 

1. Applicant must be nominated by an Australian employer whose business is actively and lawfully operating.

2. Must apply for the visa within 6 months of the nomination being approved.

 

Visa cannot be granted is: 

1. If the Department of Home Affairs is aware of adverse information about the nominating employee. 

2. The nomination is withdrawn 

3. The position is no longer available 
    

Licensing, or registration

You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.  

 

Applicant must also meet health and character requirements and sign the Australian value statement. Applicant must also have paid back their debt to the Australian government and not have had a visa canceled or a previous application refused.

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