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).