Temporary Skill Shortage Visa - TSS 482 Employer Sponsored Visa
My Australia

Temporary Skill Shortage (TSS Subclass 482) Visas

divider

Temporary Skill Shortage Visa (TSS Subclass 482) to Replace 457 Visa

Information for Existing 457 Visa Holders and Business Sponsors

 

From 18 March 2018, the subclass 457 visa will be replaced with the TSS visa.

The TSS visa enables employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority.

TSS visa holders can work in Australia in their nominated occupation for their approved sponsor under one of three streams:

  • Short-Term stream of up to two years (unless international trade obligations apply). This stream is designed for Australian businesses to fill short-term skill gaps with foreign workers on a temporary basis, where a suitably skilled Australian worker cannot be sourced;
  • Medium-Term stream of up to four years and a. This stream allows employers to source foreign workers to address shortages in a narrower range of occupations in medium and long-term need, where a suitably skilled Australian worker cannot be sourced;
  • Labour Agreement stream. This stream may be utilised in exceptional cases where standard visa programs are not available and there is a demonstrated need that cannot be met in the Australian labour market.

The following questions and answers will guide you through in the recent reform: Replacing the Temporary Work (Skilled) visa (subclass 457) program with the new Temporary Skill Shortage (TSS) visa on 18 March 2018. The new reform can affect current 457 visa holders and business sponsors however, we recommend that you seek assistance and legal advice from a registered migration agent to assess you and your sponsoring employer on the suitability of the new Temporary Skill Shortage (TSS) visa. At Mygration, we specialised on employer sponsored visas and our registered migration agents will assist you through the whole process of visa application.

Who are affected with the new changes?

The new changes will affect current subclass 457 visa holders, prospective applicants, businesses sponsoring skilled migrants and permanent sponsored skilled work visa holders (subclass 186 and 187). However, existing 457 visas will continue to remain in effect.

 

Why the Department of Home Affairs transitioned 457 Visa to 482 TSS Visa?

These measures sharpen the focus of Australia’s employer sponsored skilled migration programs to ensure they better meet Australia’s skills needs, increase the quality and economic contribution of skilled migrants and address public concerns about the displacement of Australian workers.

 

What will happen to Business Sponsorship and 457 Visa applications lodge under the old regulation?

Standard business sponsorship (SBS) applications lodged before the 18 March 2018 will continue to be processed under the old regulations subject to minor transitional arrangements to the benefit of employers (for instance, the SAF levy will replace the current training benchmark requirement, reducing the regulatory burden on employers and providing improved training outcomes for Australians).

Subclass 457 nomination applications for existing subclass 457 visa holders lodged before 18 March 2018 will also be processed under old regulations. If held a subclass 457 visa already, then you can continue to hold your visa until its expiry. You will not be impacted by these changes unless you seek to apply for a further visa or change employers.

 

How can my 457 visa transition to 482 TSS visa?

Visa holders that are transitioning from a current subclass 457 visa to a TSS visa will be eligible to apply for a TSS visa onshore. If you were granted 457 visa and your occupation is in a Short Term Skilled Occupation List (STSOL), you can apply for a further two year visa under the TSS visa program that came into effect on 18 March 2018. If your TSS visa is approved, you will be eligible for permanent residence once you have worked for two years for the sponsor (across a combination of your 457 and TSS visas).

divider

A list of eligible skilled occupations is provided in the link below to assist you to determine which work visa program may be available to you depending on your occupation.

If you don’t know which visa is right for you, you can test your eligibility using our Online Visa Assessment Form and we will determine if realistic migration pathways exist.

If you are unsure on where to start with 482 TSS visa application or if you need legal immigration advice, feel free to contact us on 07 5532 4499 or drop us a message,

divider

I was granted 457 visa before the implementation of the new TSS visa on 18 March 2018,  can I still apply for Permanent Residence?

Current 457 visa holders can still apply for PR (subclass 186 or 187) on Temporary Resident Transition (TRT) or Direct Entry (DE) streams who meet the requirements.

If held a 457 visa before the implementation date you are eligible for PR if you:

  • have worked for the same sponsoring employer for two years on a 457 visa;
  • have worked in the same occupation for the two years on a 457 visa ;
  • met the English requirement of Competent;
  • met the age requirement of under 50 years.

Note: If you held TSS visa and wish to apply for PR (186 or 187), the new age requirement is 45 years and under.

If you lodged a 457 visa before the Government’s announcement of the changes on 18 April 2017 but it was granted after 18 April 2017, same eligibility conditions apply as stated above.

 

I am currently holding a 457 Visa, can I change business sponsor?

If you hold a 457 visa and wish to transfer your visa to another sponsor, the sponsor will need to nominate you on the new TSS visa and the nomination must be for an occupation that is on the STSOL, MLTSSL, or ROL. See the list of eligible occupations.

 

I’m interested in applying for TSS visa but which stream can lead to Permanent Residence?

If you’re only eligible for the short-term stream then unfortunately you will not be able to transition to permanent residency. However, if you get a TSS visa via the medium-term stream, you may be able to apply for PR after three years of working full-time in the same position as long as you met the new eligibility requirements for ENS 186 or RSMS 187 visas.

The employer must hold approval to sponsor. Our registered migration agents at Mygration can work with your employer on this matter and on all stages of their sponsorship application. Mygration have worked successfully with many businesses and employers who sponsored foreign workers for the first time and ensured that the­y met the visa application requirements.

divider
Points Calculator Take Visa Assessment Contact Us