Temporary Skills Shortage (TSS) subclass 482 visa Nomination

Temporary Skills Shortage (TSS) subclass 482 visa Nomination

All TSS details have now been released and its purpose is not dissimilar to that of the 457 visa that it replaced.  The TSS is a temporary work visa for skilled applicants of good health and character who are needed to fill positions that cannot be filled locally by Australian citizens or permanent residents.

Nomination requirements have been expanded/amended

Occupation lists and inapplicability criteria

Eligible occupations are listed on the Short-term Skills Occupation List (STSOL) and the Medium and Long-term Skill Shortage List (MLTSSL). Incorporated into the lists is the Regional Occupation List for region-specific occupations, some of which appear on both lists depending on the visa subclass or type.

Existing inapplicability criteria (also known as caveats) have been amended to accommodate the new TSS criteria.   As with the occupation lists, it is anticipated that inapplicability criteria will be reviewed on a regular basis.

Length of stay and renewal

Occupations on the MLTSSL – the maximum grant period is four (4) years, with the visa able to be renewed as long as the occupation remains on the list.

Occupations on the STSOL – the maximum grant period is two (2) years, with the visa able to be renewed once onshore as long as the occupation remains on the list.  Offshore applications can also be made.  However, subject to the introduction of the Genuine Temporary Entrant criterion, offshore applicants must be able to show that they only intend to remain in Australia temporarily.

Employment terms and conditions

A new nomination criterion introduces the Australian Market Salary Rate (AMSR).  The AMSR must be at least the equivalent of the Temporary Skilled Migration Income Threshold and the salary paid to Australian citizens and permanent residents working in the same workplace and location.

Other employment conditions must also be the same, complying with Federal, State and/or Territory employment legislation.

Skilling Australia Fund

The Skilling Australia Fund (SAF) will replace the Training Benchmarks.  However, it is yet to be introduced as the Bill has not yet passed through the Parliament.  When it does, sponsors will pay a training levy contingent on the proposed sponsorship period and business turnover:

  • $1,800.00 annually for businesses with turnover of $10m or more
  • $1,200.00 annually for businesses with turnover of less than $10m

Labour Market Testing confusion

Tighter Labour Market Testing (LMT) requirements will be introduced.  However, to-date, no changes to the Migration Regulations have been made.  Despite this, policy includes these changes and expects nomination applications to satisfy them.  This incongruity gives cause for concern and professional assistance is recommended to determine how best to proceed with each matter.

Unless exempt under international trade obligations, at least two (2) advertisements must be published on a national recruitment or accredited sponsor website, print media or radio.  Advertisements on LinkedIn, Facebook and other websites will not satisfy this requirement.  It must be published

  • And ‘remained live’ for at least 21 consecutive calendar days on a website
  • Within the last 12 months
  • Within the last 6 months from 18 June 2018
  • In Australia
  • In English

And include the position title or description, the name of the sponsor or recruitment agency and the annual earning of the position if less than $142,000/year.

Changes are ongoing

As you can see there are a lot of changes – with still more to come!  It is a lot to get your head around.  So, if you have more questions than you have answers, it’s time to call in a professional.  Call me – together we can get it sorted!