Does your business find it difficult to secure suitably skilled and experienced workers for particular positions? Has your business been impacted by labour shortages due to the pandemic? Or are you a skilled professional wanting to work in Australia? The Subclass 482 Visa Australia is used by businesses to sponsor eligible work candidates from overseas for temporary work. It is also referred to as the Temporary Skills Shortage (TSS) Visa program and is one of Australia’s most commonly used skilled visa programs.
The Temporary Skills Shortage Visa Australia program allows visa holders to stay in Australia and work for your business for up to two years or four years depending on whether the applicant is eligible for the 482 Visa Short Term Stream or Medium Term Stream. TSS Visa holders can also bring family with them to work or study and travel in and out of Australia as often as required, however international travel restrictions may apply during the pandemic. It is also possible to engage 482 Visa Holders through the Labour Agreement Stream – our migration agents can also assist with the different requirements that apply when establishing a Labour Agreement. Once a business has applied for either Standard Business Sponsorship or Accredited Sponsorship to become an approved sponsor of visa holders, it can proceed with sponsoring an eligible candidate by making a Nomination application. The applicant can also proceed with their TSS Visa Australia application.
As you may know, the Subclass 482 Work Visa replaced the commonly used 457 Visa in March 2018. The transition from the 457 to the 482 Visa has meant employers have had to respond and adapt to a more complex and restrictive legislative framework to sponsor skilled overseas workers, therefore you may wish to seek professional migration advice on your options to use the program.
To discuss how your business may be able to use the TSS Temporary Skills Shortage Visa Australia program for your particular skills needs, simply get in touch.
There are two streams of the TSS Visa – the Short Term and Medium Term Streams. Under each stream, different visa periods to live and work in Australia are permitted. It is worth noting that International Trade Obligations (ITO’s) may apply as well as certain conditions for Hong Kong passport holders, which may allow for longer visa periods. It may also be possible to apply for further TSS Temporary Skills Shortage Visas Australia. Our migration agents can undertake an eligibility assessment of your candidate’s skills, experience and qualifications, and whether their occupation is listed as eligible for a 482 Short Term or Medium Term Stream Visa according to the Government’s relevant Skilled Occupation Lists.
It is also important to note that 482 Medium Term Stream Visa holders have a pathway to Permanent Residence through the 186 Employer Nominated Scheme (ENS) Visa. However, those that are eligible for the Short Term Stream generally cannot apply for Permanent Residence through this pathway.
Firstly, your business will need to apply to the Department of Home Affairs to become an approved sponsor. Once you’ve obtained approval, your business can access a 5 year validity period to sponsor eligible applicants as required for roles that are difficult to fill locally.
There are two steps to applying for 482 Visa sponsorship for a skilled candidate – the company’s Nomination application and the employee’s Visa application. The business must make a Nomination application and meet several evidence requirements proving to the Australian Government that they have been unable to fill the nominated position locally. As part of your nomination application, you must prove that:
Our migration agents can discuss how your business should provide evidence of Labour Market Testing and other requirements to support your claims in the very specific ways required by the Department of Home Affairs.
The applicant must also make a Visa application with evidence that they have the required skills and experience for the position as stipulated by ANZSCO. In some cases, the visa applicant may be required to undertake a skills assessment and English language test. Generally, to apply for a Short Term or Long Term Stream TSS Visa the applicant needs to have at least 2 years of relevant work experience in their nominated occupation or a relevant field. There are very specific ways in which the Government assesses whether the applicant meets the work experience requirements to be eligible for the visa and our migration agents assist your employees through this process. Applicants can be inside or outside Australia when they apply for a TSS Temporary Skills Shortage Visa, however, there are some circumstances where the applicant must apply from outside Australia – our migration agent can advise if your circumstances require this. TSS Visa holders also need to begin their employment within 90 days of entering Australia if the visa is granted when the applicant is outside Australia, or otherwise within 90 days of the visa grant date if the applicant is in Australia at the time the visa is granted.
When sponsoring visa holders, your business will need to consider several obligations and visa conditions. It is also important to consider Government processing times, which will often depend on how long it takes to receive evidence from external agencies in relation to the applicant’s health, character and security requirements. As part of our services, our migration agents seek to keep you informed of any complexities that may impact your applicant’s visas, and provide ongoing advice to navigate you and your employees through the process. Interstaff’s visa sponsorship management services can help you understand how legislative requirements apply to your business and migration needs.
Interstaff has helped businesses sponsor work visa holders for their migration needs for over 30 years since 1988. We advise on how you can prepare the evidence requirements for your sponsorship and nomination applications and how your employees should proceed with their visa applications. We also provide ongoing advice to help your business and employees remain compliant with sponsorship obligations and visa conditions.
As part of our services, we also liaise between the applicant, employer and the Department of Home Affairs, Australian State or Territory Government agencies and any regional certifying bodies or skills assessment authorities on your behalf as required to progress your applications.
Businesses interested in understanding more about sponsoring visa holders are encouraged to contact our Registered Migration Agents servicing Perth, Melbourne and Sydney by calling 08 9221 3388 or +61 8 9221 3388 for International clients.
Interstaff also partners with businesses that can help you throughout the 457/482 TSS Temporary Skills Shortage Visa Australia application process. As TSS visa applicants may need to prove to the Australian Government that they have obtained suitable health insurance, 457/482 Visa Compared can help you compare different health insurance policies. Visit the 457/482 Visa Compared website.
Check out the latest employer sponsored migration news and updates from Interstaff.
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