The Temporary Skill Shortage Visa (TSS) (Subclass 482) has been designed to aid Australian employers to address labour shortages in the country by hiring skilled foreign workers. The dual benefits of this visa apply to both locals and foreigners - as employers and Australian businesses are not affected by a labour shortage, and foreign skilled workers receive the opportunity to work and live in Australia, possibly opting for a permanent residency (PR) pathway as well. 

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The TSS 482 Visa also allowed businesses to sponsor skilled workers if they cannot find an Australian citizen or permanent resident who is suitable for the job. The business then becomes a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS), depending on the circumstances. 

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Many skilled foreign workers utilize their TSS 482 Visa to obtain PR in Australia. There are several comprehensive pathways designed to facilitate the PR journey of various individuals coming from an array of backgrounds and situations. 

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Update for TSS 482 to PR - ROL Pathway

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On 13th February 2023, the Australian government made a public announcement, stating that the eligibility criteria for the TSS 482 Visa have been expanded. It is now understood that TSS 482 Visa holders in the Medium-term Stream, who have an occupation on the Regional Occupation List (ROL) will now be eligible for a pathway to PR. 

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Nominations for this particular pathway will be given under the Temporary Residence Transition (TRT) stream - which is applicable to employer-sponsored visas such as Employer Nomination Scheme (Subclass 186) Visa and Regional Sponsored Migration Scheme (Subclass 187) Visa. 

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The eligibility criteria for this pathway are as follows:

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• The applicant must be employed by a suitable Australian employer; and 
• The applicant must have resided in Australia for at least 12 months between 1st February 2020 and 14th December 2021; and 
• The applicant must hold an eligible visa; and 
• The applicant must meet all the nomination and visa requirements (this includes age limitation, health and character requirements, etc) 

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Medium-term TSS 482 Visa Pathway 

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The Medium-term stream of the TSS 482 Visa allows employers to bring sovereign skilled workers to Australia to support labour shortages. Holders of this visa and in the Medium-term stream can: 

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• Work in Australia for u to 4 years - Hong Kong passport holders can work for 5 years 
• Study in Australia
• Travel to and from Australia multiple times up til the visa’s validity 
• Apply for PR 

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Visa holders in this stream must be working in an occupation that is listed on the Medium and Long-term Strategic Skills List (MLTSSL). 

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When applying for PR through the Medium-term TSS 482 stream, applicants can go through the Employer Nomination Scheme (ENS) or the Temporary Transition Stream (TTS). the criteria for applicants aiming for PR are as follows:

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• Their occupation must be on the Medium-term list
• The applicant has worked for the same employer for 3 years on the TSS Visa 
• The applicant has worked in the same occupation for 3 years on the TSS Visa 
• The applicant possesses competent English (IELTS 6 per band or equivalent) (exemptions may apply):
• Holders of a UK, Ireland, USA, Canada or New Zealand passport who have completed at least 5 years of their education (secondary/tertiary level) in English instruction will be exempt from an English proficiency test
• The applicant must be under the age of 45 while applying for PR 

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Regional TSS Visa to PR 

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Holders of a Regional TSS Visa will also be eligible to apply for PR under the following criteria: 

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• Their occupation is on the Regional Occupation List and they are working in a designated regional area 
• They have worked for the same employer for 3 years on the TSS Visa 
• They have worked in the same occupation for 3 years on the TSS Visa 
• They possess competent English (IELTS 6 per band or equivalent) (exemptions may apply)
• Holders of a UK, Ireland, USA, Canada or New Zealand passport who have completed at least 5 years of their education (secondary/tertiary level) in English instruction will be exempt from an English proficiency test
• They are under the age of 45 while applying for PR

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If applicants do not meet the above criteria, there are alternative pathways they may pursue to obtain PR: 

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• Employer-Sponsored Direct Entry Stream 
• General Skilled Migration 
• Partner Migration (as the de facto partner/spouse of an Australian permanent resident or citizen 

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Regional workers must be sponsored by their employer or Australian business, this nomination must be lodged with the Department of Home Affairs. 

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Employer Nomination Scheme (Permanent) (Subclass 186) 

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Many TSS 482 Visa holders obtain PR through the Employer Nomination Scheme (Subclass 186). This particular pathway allows businesses/employers to permanently hire skilled foreign workers to fulfil skill shortages in certain industries in Australia. 

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Before nominating skilled foreign workers, businesses/employers must make an active effort to recruit, employ or engage Australian citizens or permanent residents. This can be accomplished through actions such as consulting industry stakeholders, labour market testing, etc.

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There are 3 streams under this visa: 

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Labour Agreement Stream Pathway 

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This particular pathway allows skilled workers who have been nominated by their employers to reside and work in Australia permanently. People within this stream may also be eligible for citizenship. 

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Labour agreements are formal arrangements that have been negotiated between a business/employer and the Australian government. This arrangement lets a business employ a specific number of skilled foreign workers. 

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The agreement addresses factors such as: 

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• Identifying relevant areas where there is a skill shortage and why these vacancies cannot be filled by Australian citizens/permanent residents 
• Specify the number of skilled foreign workers required 
• The age, skill and English proficiency requirements that pertain to the nominated roles.  

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Temporary Residence Transition Stream 

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This particular pathway allows skilled workers who have been nominated by their employers to reside and work in Australia permanently. People within this stream may also be eligible for citizenship. 

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Applicants under this stream must: 

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• Be nominated by their current sponsoring employer whose nomination was approved 6 months prior to the application date 
• Have worked full-time for their Australian employer for at least 3 years out of 4 years in the same position for which they were nominated for 
• Be offered a permanent position for the occupation in which they have been working in 
• Be under the age of 45 unless they are:‍
• Academics
• Working in the field of science 
• Regional medical practitioners 
• Subclass 457/482 workers 
• Transitional 457 workers under the age of 50 ‍
• Be a licensed or registered member of an organization, if required by the state/territory they will be residing and working in 

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Direct Entry Stream 

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This particular pathway allows skilled workers who have been nominated by their employers to reside and work in Australia permanently. People within this stream may also be eligible for citizenship. 

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Applicants under this stream must: 

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• Have an occupation listed on the 186 Visa Occupations List (Direct Entry) 
• Have been successfully nominated by their employer for a permanent position in their nominated occupation 6 months prior to applying for the visa 
• Hold at least 3 years of relevant work experience at a skilled level 
• Have a positive skills assessment in their nominated occupation which is not more than 3 years old 
• Demonstrate competent English proficiency (exemptions are made in certain cases) 
• Be under the age of 45 before applying for the visa 
• Be a licensed or registered member of an organization, if required by the state/territory they will be residing and working in

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SAF Levy for TSS 482 Visa 

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The Skilling Australians Fund (SAF) levy is a mandatory nomination training charge that was introduced in 2018. This levy is payable by businesses that sponsor foreign employees in Australia. It is paid by the sponsoring employer once the nomination application for a TSS 482 Visa has been submitted. 

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Along with this, the Australian government also charges AUD $330 to nominate a worker. The amount of the levy depends upon the business’s size and the amount of time a sponsored worker will reside and work in Australia. 

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Small businesses that record an annual turnover of less than AUD $10 million pay a SAF levy of AUD $1200 or part thereof. Other businesses that record an annual turnover of $10 million or more pay a SAF levy of AUD $1800 or part thereof. 

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The levy is tax-deductible and provides funding for apprenticeships and traineeships in occupations that are in high demand and rely on skilled migration. These occupations are also important to regional Australia and have massive growth potential in the future.

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Labour Market Testing 

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Labour Market Testing (LMT) is a mandatory endeavour that must be taken by a business or employee before nominating and sponsoring a foreign skilled worker. LMT requires a business/employer to advertise the nominated position in Australia, to prove to the Department of Home Affairs that currently there is not a qualified Australian citizen or PR worker for the particular role. 

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LMT is mandatory for a TSS 482 Visa and Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494). This is carried out to ensure that Australian citizens or permanent residents are given priority for job opportunities and roles.

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The requirements for effective LMT are: 

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• At least 2 advertisements must be placed by the business/employer: ‍
• The role may be advertised within the same medium (e.g. newspaper) on 2 different occasions or within 2 different mediums simultaneously or separately ‍
• The advertisement must also be placed on the Government Workforce Australia website
• The advertisement must be worded in English and run for at least 4 weeks 
• The advertisement must contain information such as: ‍
• The title and a description of the role 
• The skills and experience required 
• The business/employer’s details 
• The salary of the role 
• The LMT must have taken place no more than 4 months before the business/employer files for a visa nomination 

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It is important to note that posting the advertisement on platforms such as Twitter, Facebook, Instagram or Gumtree will not be acceptable.

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Exceptions to LMTs may only be applicable in the case of international trade obligations. The current obligations are as follows: 

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• The nominated skilled worker is a citizen/national of Japan, China, Mexico, Thailand or Vietnam
• The nominated skilled worker is a citizen/nation/permanent resident of Canada, Chile, New Zealand, South Korea or Singapore
• The nominated skilled worker is a senior manager for intra-company transfers from WTO countries, who is: ‍
• Responsible for the entire or a substantial part of the company’s operation in AU 
• Responsible for the establishment of a new operation of that business in AU ‍
• Intra-company transfers where the nominated skilled worker is currently employed in any of the countries listed above, or an ASEAN (Brunei, Indonesia, Cambodia, Myanmar, Laos, Thailand, Vietnam, Malaysia, Philippines) nation
• The nominated skilled worker is a citizen of a WTO member country who is nominated by an employer for whom the nominee has worked in Australia on a continuous, full-time basis for 2 years immediately before the nomination is lodged

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 

Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case. 

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