Nominating for a TSS 486 visa
The Temporary Skill Shortage visa (subclass 482) is a temporary skilled work visa. The TSS visa is for employers who need to source skilled workers from overseas because they cannot find qualified Australians to fill a full time position.
The 482 visa has three streams:
- a short term stream that is valid for 2 years
- a medium term stream that is valid for 4 years
- labour agreement stream that is valid for 4 years.
The occupations that feature in the short term stream and the medium term stream are different. While labour agreements are tailor-made agreements between a business and the government for occupations that don’t appear the skills occupation lists.
How the 482 visa works
- An approved business sponsor meets the criteria to nominate a position from the skilled occupation list.
- The nominated position is approved by the Department of Home Affairs, enabling the candidate to prepare for applying for the 482 visa.
- Having passed the relevant skills assessment, language requirements and character test, the candidate applies for the 482 visa.
- The 482 visa is granted and the candidate can begin working for the sponsoring employer.
Nominating a 482 visa
There are 4 mains steps for businesses wanting to nominate a candidate for a 482 visa.
Step 1: Employer is a standard business sponsor and confirms they can sponsor the employee for a 482 visa
Any employer looking to nominate positions for 482 visas must be, or have applied to become, an approved standard business sponsor or an accredited sponsor.
Business sponsors must be sure they can nominate the overseas worker. The overseas worker can only apply for the TSS visa after you have nominated them.
How do you know if you can nominate the overseas workers?
Employers should check the occupation is on the short term or medium to long term skilled occupation list.
Next, employers need to ensure the nominee will meet the eligibility requirements for the 482 visa. This involves:
- passing mandatory skills assessments (There are exemptions for some occupations). Skills assessments are valid for 3 years. Skills assessments are carried out by assessing authorities approved by the Department of Home Affairs.
- passing health checks
- passing character checks
- meeting the required English language standards (if applicable. For example American, Canadian, Irish, New Zealand and UK passport holders are exempt from doing English language tests. See our page English Language requirements for more details on other exemptions).
Step 2: Employer prepares documents for the 482 nomination
The sponsoring employer needs gather documents for their nomination. Employers will need to provide:
- Confirmation of the employee’s identification
- Names of any other family members accompanying the employee.
- Confirmation of the job’s location (not the head office but the actual location where the work will be carried out)
- The employment contract – this needs to be signed by both the employer and the employee. (exceptions apply for some occupations whereby its not compulsory to present a signed contract).
- Salary – the salary needs to be at least the Annual Market Salary rate for that position. You can prove this by Your business needs to show the salary it will pay for the nominated role is equal to or above the Annual Salary Market Rate (AMSR). To prove this, please include:
The FairWork award rate for the position (if applicable)
Evidence of pay parity with an existing employee in a comparable role (this can be a current contract with an existing employee who is an Australian citizen and performing in the same role)
Other online job advertisements for the same role
Be aware that the salary also needs to be no less than the TSMIT which is set at $70,000.
Labour Market Testing – you need to show you have made a genuine effort to employ an Australian citizen for a minimum of 28 days in the 4 months prior to lodging the nomination. You can show your labour market testing by presenting evidence of job advertisements that have been placed on the Workforce Australia job board plus 2 other employment platforms with national reach (eg Seek, Indeed, Professional LinkedIn and/or a recruitment company). Evidence can include:
Invoices for adverts
Copy of advertisement text (this can be screen shots, Word Doc or a PDF from the online platform)
Reports on applicants, interviews and assessment of suitability or unsuitability of all applicants
Exceptions to labour market testing are when certain international trade obligations are in place. If they are, you’ll need to show proof of the trade agreement.
Proof the job is genuine – you can do this by providing a detailed job description that outlines the various roles and responsibilities.
Presenting an organizational chart and where this position fits
Proof that the position existed before your nomination. If the role is new, then you’ll need to explain the business case for creating the position.
Find out more about Labour Market Testing here.
Step 3: Employer nominates employee for 482 visa
The sponsoring employer can now lodge the nomination. Once all the details and supporting documents are uploaded to the Department of Home Affair’s online portal, you’ll be asked to pay the nomination fee issued by the Department.
Step 4: Nomination approved – 482 visa can now be lodged
Your nomination is approved (this outcome depends on the accuracy and detail of the documents submitted). We help businesses to ensure their documents will meet the requirements). Your nominated employee can now lodge their 482 visa application.
Sponsoring 482 visas: employers’ responsibilities
As well as meeting your standard business sponsor obligations, your business has responsibilities surrounding their 482 visa holders.
You will need to inform the Department of Home Affairs if circumstances change, for example the 482 visa holder no longer works for you, if their visa is expiring or if the visa holder’s hours, duties or pay change.
Your sponsorship lasts as long as your sponsored employee holds a valid 482 visa and continues to work for you.