Australian businesses can nominate overseas workers to fulfil skills shortages in their business. The occupation nominated has to be on the Temporary Skill Shortage List (TSS) list of occupations. This can either be on the Medium and Long-term Strategic List (MLTSSL) or the Short-term Skilled Occupation List (STSOL).
The Short-term stream includes the following criteria:
The Medium-term stream includes the following criteria:
How This Visa Works:
There are 3 steps which are as follows:
Step 1: The employer has to apply to become an approved business sponsor;
Step 2: The employer must nominate an occupation in their business to be approved from the 482 List of Occupations and identify in the application who the visa applicant will be;
Step 3: The visa applicant must meet certain requirements for the approval of the visa, such as English fluency, work experience, skills, health and character to meet the requirements of the nominated occupation;
Step 1: Sponsorship
The employer needs to apply for approval as a Standard Business Sponsor. This involves presenting documents to demonstrate that they are an operating business, such as financial statements, marketing material, company registration, organizational chart and other identifying details about the company.
Business sponsorship is valid for five years and the business can nominate as many people as it wants to sponsor during this period. A business that is operating for less than 12 months or an overseas business can also be approved for five years.
Companies have certain obligations when sponsoring overseas employees and they can be monitored by the Department of Home Affairs at any time to ensure that they are meeting their sponsorship obligations.
Step 2: Nomination
The position that the company requires the overseas applicant to work in has to be selected from the Short-term Skilled Occupation List (STSOL) or the Medium and Long-term Strategic Skills List (MLTSSL). Each occupation on this list is coded according to the Australia and NZ Standard Classification of Occupation (ANZSCO). In addition to this, caveats now apply to specified occupations.These either relate to, for example, work experience, salary, business turnover, nature of business, regional location and some being occupation specific.
Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements. A Government Gazette notice states the minimum salary payable under this visa category, which at present is AUD$53,900 plus 9.5% superannuation. The market rate is at least as much as an Australian citizen or permanent resident employed in the same position in the same location would be paid.
To satisfy the Home Affairs that there are no local Australians available with the required skills who want to work in this position, the employer must undertake labour market testing (advertising the role) for all occupations. Labour Market testing is mandatory unless an international obligation applies.
Labour Market Testing is required to be undertaken within the 4 months of the nomination being lodged as follows:
3 adverts need to be placed:
(a) on the Workforce Australia website – this is mandatory; and
(b) at least other 2 advertisements as follows:
The employer also needs to demonstrate that there is a genuine need for that occupation in their business.
Employers nominating a worker for a TSS visa will be required to pay a contribution to the Skilling Australians Fund (SAF). The contribution is payable at the time the worker is nominated:
The amounts are as follows:
Step 3: Visa
The visa applicant is required to have a minimum of two years of full-time post-qualification work experience in the nominated occupation.
The applicant must present evidence to demonstrate they have sufficient skills – acquired through recognized qualifications, training or experience in order to meet the requirements of the position.
There is also an English language requirement that needs to be met If the applicant is not from a country where English is the first language – such as UK, Ireland, USA, Canada and NZ. They must achieve an overall score of 5 (with no less than 4.5 in each of the four bands) on the IELTS or equivalent accredited test, such as PTE, in the three years prior to lodging the application if the occupation is on the Short-Term list.
If the occupation is on the MLTSSL list the visa applicant has to score at least 5 in each of the 4 bands of IELTS, or equivalent accredited test, such as PTE, in the three years prior to lodging the application.
If a visa holder already has a 457 or 482 visa, they can transfer the remainder of the term left on the visa to a new business sponsor. If a visa applicant chooses to change employers without changing his/her occupation a new nomination has to be approved. If a visa applicant chooses to change employers and his/her occupation, then a new nomination and visa application has to be applied for.
Employer sponsorship visas are complex. Please contact our team of registered migration experts for immediate advice and assistance.
Employer Sponsorship
Visa
Skilled Person & Want to Live
and Work in Australia
Sponsor My Partner
or Parents
Student Visa or
Graduate Visa
Start a Business or
Invest in Australia
Temporary Skill Shortage (TSS) visa, subclass 482, allows employers to sponsor overseas staff to be employed by them.
Here is how it works: –
All the above 3 are separate applications and have specific criteria that needs to be met.
Whether you are an employer or visa applicant, please contact us and we can discuss how the TSS can apply in your situation.
It is a condition of both the 482 and 457 visas that the visa holder can only work for the employer that sponsors them – which means that a visa holder cannot change employers unless another Australian business lodges a new nomination to link their visa to them. In addition, 482 or 457 visa holders cannot work for another employer on the side or part time.
In order to switch employers, the new potential employer must lodge a new nomination with the Department of Home Affairs. The new sponsor must apply to be approved as a Standard Business Sponsor if not already approved as one. Only once the sponsorship and nomination are approved, can the visa holder commence working for the new sponsor. The new nomination must be in the same occupation as what the visa holder was approved as when their visa was approved.
The visa holder can be employed for their new sponsor for the remaining time left on their visa.
Yes.
To do this, the visa holder will need to provide evidence that they are in a genuine relationship with their partner, even if married. If in a de-facto relationship this is taken to mean that they are living together under the same roof as a couple for around 6 months at least.
The employer must also agree in writing to meet their sponsorship obligations towards the secondary applicants. The subsequent dependant applicants will be granted a visa for the same period as the 457 or 482 visa holder.
Yes.
The spouse of a 457 or 482 visa holder has unrestricted work rights – providing they are included in the application or are subsequently added into the application.
If a new ABN is established, due, for example, to the sale of the sponsoring business, the new company/business will need to be approved as a Standard Business Sponsor under the new ABN. Then a new 482 nomination will need to be lodged linking your visa to the new nomination under that new ABN. Once it is approved you can start working for the new business ABN.
You will need to work on a subclass 482 visa for 3 years in total (which can include working for your initial sponsor whose business has been recently sold and excluding any unpaid leave you may have taken for either sponsor) before you can apply for a permanent visa. Your occupation, however, has to be on the Medium and Long-term Strategic List (MLTSSL)
Your sponsor can inform the Department of Home Affairs once your employment ceases and that they no longer wish to sponsor you. The Department of Home Affairs will grant 60 days to find a new sponsor or lodge a new visa application, which can be a different subclass of visa such as a student or partner visa.
Your sponsor has not got the authority to cancel your visa, only the Department of Home Affairs can do that and it goes through a process so you will be made aware that it is going to happen unless you take some action such as lodge another visa or leave Australia.
Yes, it is mandatory to advertise the position. They have to appear in 3 national reaches on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia. Typical websites are Seek, Indeed, Career-One and Jora. It is mandatory to advertise on Job-Active, as one of the 3 sites. A job advert on your own business website won’t count. The ad has to have compliant wording. Only if the nominee is from certain countries will you be exempt from advertising. These include countries with which Australia has a trade agreement with such is a citizen/national of China, Japan, Mexico, Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand or Singapore.
From the date when your services are terminated you are required to find a new employer willing to sponsor you within 60 days of your employment ceasing. This usually means transferring your 482 visa to the new employer. The new nomination and visa (if it will soon going to expire), will need to be lodged within the 60-days of your employment ceasing with the most recent employer that sponsored you.
If you cannot find a new employer you may wish to look at other visa options, such as skilled migration, partner or student visa.
If your employer is based in a regional area of Australia you may be able to apply for RSMS. Regional Areas are defined by postcodes.
You will need to meet the following pathway:
Temporary Residence Transition:
You have been employed for the same employer in the same occupation in that regional area for two years under 457 or three years under a 482 visa.
You hold:
Your employer has to present a range of documents to meet the requirements of the nomination. These include financial documents, position description, employment contract, organization chart, a statement about why the position is genuine, evidence that the salary is market related etc.
No new RSMS Direct Entry (DE) nominations or visa applications can be lodged from 16 November 2019.
Katz and John applied for an Employer Nominated Sponsorship Visa and successfully got their Permanent Residency in 2007.
The couple are settled in Melbourne, Australia.
We moved to Australia with only suitcases (and sentimental items), and have virtually bought everything from scratch including our large detached townhouse, two cars and all our media/furnishings.
While in Adelaide and Melbourne we had attended two immigration agents to gauge the complications and expense of the next step of settling in Australia.
However, on personal recommendation from one of Katz’s colleagues we visited Mr Ian Singer in Sydney.
We guide individuals and businesses through the complex migration process to Australia. With long years of industry experience, our immigration specialists have built a reputation of providing accessible, accurate and genuine advice to our esteemed clients.
Our specialists assist in preparing and reviewing your documents and forms before submitting for successful approval. We strive to make the whole immigration process hassle-free for you.
We have a very high success rate of visa approval and a solid reputation resulting in a large amount of repeat business. We provide immigration services to individuals, families and companies, whether they are small or public companies and in any industry.
Immigration is the only thing we do so we are highly specialized in it.
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