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482 - Temporary Skill Shortage Visa (TSS)

Employers seeking short-term solutions to address labour shortages can use the 482 TSS visa

This visa is divided in two streams

Short-Stream

The Short-Stream visa pathway allows employers to hire foreign labour for occupations on the Short-Term Skilled list to fill temporary gaps that can’t be sourced from appropriately skilled Australian workers.

This visa allows the foreign worker to stay in Australia for up to 2 years or 4 years if an International Trade Obligation (ITO) applies.  Hong Kong passport holders may stay up to 5 years.

Key criteria of this visa requirements are:

  • Securing an approved sponsor.
  • Having a successful nomination from the prospective employer.
  • You may need to undertake a skills assessment.
  • You must have at least 2 years relevant work experience in the nominated occupation or a related field.
  • Required level of English

This short-term visa does not have a pathway to permanent residency and employers use this visa to address short-term gaps in the marketplace.

Medium-Term Stream

Employers can nominate occupations that are high in demand and form part of:

  • the Medium to Long-Term Strategic list; or
  • the Regional Occupation List.

The Medium-Term Stream is aimed at attracting skilled talent that is short in supply in Australia. Migrants with skills in demand are enticed by providing visas for up to 4 years or 5 years for Hong Kong passport holders.  This stream also provides a pathway to permanent migration after working in Australia for 3 years and meeting eligibility criteria.

Some key requirements of this visa include:

  • be nominated to work in an occupation on the list of eligible medium and long-term skilled occupations
  • have at least 2 years relevant work experience in your nominated occupation or a related field
  • have a relevant skills assessmentif this is required for your occupation
  • work only for your sponsor or associated entity, unless you are exempt
  • meet minimum standards ofEnglish language proficiency unless you are exempt

 

VISA APPLICATIONS FOR 482 VISA

3 main applications are made to the Department of Home Affairs:

  1. Employer applies to become a sponsor.
  2. The employer nominates the prospective employee.
  3. The employee completes a visa application

Skilling Australians Funding (SAF) levy

As a means of ensuring Australians are not disadvantaged, employers hiring migrants under certain visa schemes are required to pay the Skilling Australians Funding Levy. The SAF levy was established as an ongoing arrangement by the Australian Government in 2017 to ensure the businesses that benefit from employing migrants are also skilling Australians.

Labour Market Testing

For some visa applications, you must show us you can't find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market. Labour market testing (LMT) generally involves advertising the position in Australia

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Skilled Employer Regional (Provisional) visa – Subclass 494

The 494 Visa is aimed at securing skilled workers for the regional areas of Australia facing shortages.  This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can't source an appropriately skilled Australian worker. This is provisional visa for 5 years and provides more surety for migrants as it is a stepping stone to permanency via the Subclass 191 visa (commencing on the 16th of November 2022) after working in a regional area for up to 3 years.

Basic eligibility criteria for this visa includes:

  • be nominated to work in an occupation on the relevant skilled occupation list
  • have at least 3 years relevant work experience in your nominated occupation
  • have a relevant skills assessment, unless an exemption applies
  • work only for your sponsor, unless an exemption applies
  • be under 45 years of age, unless an exemption applies
  • meet minimum standards of English language proficiency

Aimed at boosting regional areas of Australia, this visa has limitations on migrants to stay and work only in designated regional areas and places bans on these migrants from applying for certain other visas.  However, regional areas are not so desolate as most locations of Australia outside major cities (Sydney, Melbourne and Brisbane) are classed as designated regional areas for migration purposes.

Employers need to understand conditions of nominating such as the SAF levy, labour market testing, regional certification and various employer obligations after hiring.  Don’t risk making errors in your application Contact Us and find out more about regional sponsorship.

 

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Training Visa -Subclass 407

This visa allows foreign workers to take part in Australian workplace-based training to improve their skills for their job, area of tertiary study, field of expertise or in a professional development training program in Australia

Geared towards ‘occupational training’ this visa allows employers to aid in training of overseas personnel that need the training for one of the three reasons:

  1. Registration – certain occupations require workplace-based training to obtain registration, membership, or training.
  2. Occupational training to improve skills in an eligible occupation
  3. Occupational training for building capacity overseas.

For employers that have unique customised training, they need to ensure training plans are comprehensive and carefully prepared to ensure the development of the employee is structured as well as meeting nomination requirements for migration purposes.

Contact our Migration Agents to seek clarification regarding your training needs.

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Temporary Work (Short Stay Specialist) visa – Subclass 400

Australian employers looking to hire highly specialised workers from abroad for a short-term can utilise this visa stream.  This work or activity is non-ongoing with visas generally granted for 3 months or in limited circumstances up to 6 months.  Foreign personnel can apply for this visa if they have specialised skills, knowledge or experience that:

  • can assist Australian business
  • can't reasonably be found in the Australian labour market
  • will be non-ongoing

Non-ongoing work means work that is likely to be completed within 6 months or less, and you do not expect or arrange to stay in Australia after this time for any reason related to that work.

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