TEMPORARY SKILLED SHORTAGE VISA (subclass 482)
There are a number of important changes which include:
- changing the pathway for transition to permanent residence. Only occupations which are on the “long term” occupation list will be eligible to apply under the ENS;
- the length of stay permitted on the visa will only be 2 years if the nominated occupation is on the short term occupation list;
- the concept of the Australian Market Salary Rate (AMSR) has replaced the old equivalent terms/market salary regime;
- formal labour market testing has been introduced; and
- the training benchmarks are removed and replaced with a “per employee” training levy.
There are still three steps in the process: (a) the employer has to be an approved sponsor; (b) there has to be a nomination; and (c) the visa application itself. I will deal with these steps in outline form below.
STEP 1 – SPONSORSHIP
- Be a “trusted trader”; or
- Low risk sponsor with low volume usage and a high percentage of Australian workers; or
- Low risk sponsor with high volume usage and a medium percentage of Australian workers.
STEP 2: NOMINATION
The TSS nomination procedure is generally straightforward. The issues which are most likely to cause problems (especially for smaller businesses) are: (a) labour market testing; (b) the determination of the salary (see AMSR below); and (c) the imposition of a training levy.
Labour Market Testing (LMT)
- be in english;
- identify the position, the sponsor and the proposed salary (or range);
- be published twice on recruitment websites or in media (print or radio) or on the sponsor’s website
The old “training benchmarks” were hard to administer and have been replaced a “Skilling Australians Fund” levy. The levy will come into force in the second half of 2018. For businesses with turnover less than $10M, the levy will be $1,800 per year for a nomination relating to a temporary visa.
Determining the AMSR
STEP 3: VISA APPLICATION
You can apply for a subclass 482 visa if you:
- have been nominated by an employer to work in Australia under standard business sponsorship and you have been advised by that employer to apply for your visa; or
- are a member of the family unit of a primary visa applicant who is seeking to be granted a subclass 482 visa on the basis that they meet the primary visa requirements.
- both you and the occupation specified in your visa application are the subject of an approved nomination which has not ceased to be in effect
- you have the necessary skills and experience to perform the occupation (and completed any skills assessment required). This may also include relevant licensing and registration if required for the position
- you meet the English language proficiency requirement (unless you are exempt) – English language requirements
- meet health and character requirements
Health Insurance - 8501
Condition 8501 requires subclass 482 visa holders to maintain adequate arrangements for health insurance while in Australia
Work Restrictions - 8607
- only work for the approved sponsor
- only work in your nominated skilled occupation
- start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
- not cease employment with your approved sponsor for a period of more than 60 consecutive days
- obtain any mandatory licence, registration or membership.