The Subclass 482 visa, also known as the Temporary Skill Shortage (TSS) visa, is a temporary visa that allows Australian employers to address skill shortages by bringing in skilled workers from overseas. This visa, introduced in March 2018, replaced the Subclass 457 visa and aims to ensure that employers look to the Australian workforce first but can access the skills they need from overseas if necessary.

Types of Subclass 482 Visa

There are three main streams under the Subclass 482 visa:

1. Short-Term Stream

2. Medium-Term Stream

3. Labour Agreement Stream

Each stream has its own specific requirements and conditions.

1. Short-Term Stream

The Short-Term Stream is designed for employers to fill temporary skill shortages with overseas workers on a short-term basis.

• Eligibility: The occupation must be on the Short-Term Skilled Occupation List (STSOL).

• Duration: The visa is granted for up to two years, or up to four years if an International Trade Obligation (ITO) applies.

• Renewal: This visa can be renewed onshore once, allowing the holder to stay for up to a maximum of four years.

2. Medium-Term Stream

The Medium-Term Stream is intended for employers to fill critical skill gaps with overseas workers for a longer period.

• Eligibility: The occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).

• Duration: The visa is granted for up to four years.

• Pathway to Permanent Residency: This stream provides a pathway to permanent residency through the Employer Nomination Scheme (ENS) (subclass 186) visa or the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa after three years.

3. Labour Agreement Stream

The Labour Agreement Stream is for employers who have entered into a labour agreement with the Australian government.

• Eligibility: The occupation must be specified in the labour agreement.

• Duration: The duration is specified in the labour agreement.

• Renewal and Permanent Residency: Renewal and pathways to permanent residency depend on the terms of the labour agreement.

Eligibility Requirements

While the specific requirements vary depending on the stream, some common criteria must be met:

• Sponsorship: The applicant must be sponsored by an approved business.

• Skills and Qualifications: The applicant must have the necessary skills, qualifications, and employment background relevant to the occupation.

• English Language Proficiency: The applicant must meet the English language proficiency requirements.

• Health and Character: The applicant must meet health and character requirements.

Application Process

1. Sponsorship: The employer must become an approved sponsor.

2. Nomination: The employer nominates the position to be filled.

3. Visa Application: The prospective employee applies for the Subclass 482 visa.

Rights and Obligations

Holders of the Subclass 482 visa have specific rights and obligations, including:

• Work Rights: The visa holder can work in Australia for their approved sponsor in their nominated occupation.

• Family: Eligible family members can be included in the application and can also work and study in Australia.

• Visa Conditions: Visa holders must comply with visa conditions, such as maintaining health insurance and adhering to Australian laws.

Conclusion

The Subclass 482 visa is a critical tool for Australian employers to address skill shortages while ensuring that Australian workers are prioritized. It provides flexibility for businesses and opportunities for skilled workers worldwide. Understanding the specific requirements and conditions of each stream is essential for both employers and applicants to navigate the application process successfully.