Changes to the Temporary Skill Shortage (TSS) Visa (Subclass 482)
On March 2022, the Australian government released a legislative instrument, which directed new pathways to permanent residency (PR) that were implemented on 1st July 2022. This directive would be a boon to existing Temporary Skill Shortage (TSS) Visa (Subclass 482) holders in the Short-Term Skilled Occupations List (STSOL) stream will be able to apply for PR through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) Visa (Subclass 186).
TSS 482 Visa
The TSS 482 Visa helps employers combat temporary labour shortages in Australia by hiring skilled foreign workers for roles that cannot be fulfilled by an Australian citizen or permanent resident at that time. This visa facilitates employment for foreigners, who in turn will help bolster the Australian economy. TSS 482 Visa holders can reside and work in Australia in their nominated occupation for a certain period, after which they may attempt to apply for PR.
There are different streams for TSS 482 Visa holders, depending on factors such as their nominated occupation. There is the Medium and Long-Term TSS Visa (Subclass 482), the Short-term TSS Visa (Subclass 482) and the TSS 482 Regional Visa. While this blog will explore the Short-term TSS Visa (Subclass 482), you may find more information about the other streams here.
TSS 482 Short-term Stream
TSS 482 Visa holders belonging to the Short-term stream are allowed to reside and work in Australia in their nominated occupation for up to 2 years. Their visa may be extended to 4 years if an International Trade Obligation (ITO) applies to their case. Hong Kong passport holders can reside in Australia for up to 5 years. They can travel to and from Australia multiple times as long as their visa remains valid.
To be eligible for this stream, applicants must be nominated for an occupation that falls under the STSOL. Generally, TSS 482 Visa holders in this stream can renew their visas only twice. Eligible former TSS 482 Visa holders who were in the short-term stream and worked in Australia during the Cvoid-19 pandemic can apply for a 3rd short-term stream TSS 482 Visa while they are in Australia.
Other eligibility criteria are as follows:
- Applicants must be holders of a substantive visa or a Bridging Visa A, Bridging Visa B, or Bridging Visa C (for applicants applying onshore)
- Onshore applicants must comply with the standards and conditions of their previous visas while waiting for a decision for their TSS 482 Visa
- Before applying for a TSS 482 Visa, the applicant’s proposed employer must submit a nomination application for them, which is possible if the employer is an approved sponsor or has at least submitted an application to become a standard business sponsor
- Applicants sponsored by an Australian business sponsor must:
- Be employed in their nominated occupation
- Be employed in that particular business or an associated entity
- Applicants sponsored by an overseas business sponsor must:
- Be employed in their nominated occupation
- Be employed in that particular business only (no associated entity)
- Exemptions for this criterion will apply to certain occupations
- Applicants must demonstrate that they possess the skills and necessary experience to perform well in their nominated occupation - some applicants may have to undergo a skills assessment to demonstrate that
- Applicants who are medical practitioners must have their qualifications recognised by a relevant authority in Australia for the registration of medical practitioners
- Applicants must have at least 2 years of relevant work experience in their nominated occupation or a related field
- Applicants must hold a positive skills assessment
- Applicants must have adequate health insurance
- Applicants must the Australian government’s health and character requirements
- Applicants must fulfil the genuine temporary entrant (GTE) requirement
- Applicants must not have contravened ‘paying for visa sponsorship’ legislative provisions
- Applicants must meet the following English proficiency requirements:
- IELTS: An overall band score of at least 5.0 with a score of at least 4.5 in each test component
- OET: At least a B in all 4 components
- TOEFL IBT: A total score of at least 35 points with a score of at least 3 points in each test component of listening and reading and a score of at least 12 points in each test component of speaking and writing
- PTE Academic: An overall score of at least 36 with a score of at least 30 in each test component
- Cambridge C1 Advanced Test: An overall score of at least 154 with a score of at least 147 in each test component
- Exemptions may apply under certain circumstances, applicants can find out here
- Applicants must not have had a previous visa refused or cancelled
- Applicants must not have any outstanding debt to the Australian government
- Applicants must sign the Australian Values Statement
PR Pathway for TSS 482 Visa Holders in Occupations under the STSOL
As mentioned above, TSS 482 Visa holders in the short-term stream may apply for PR through the ENS and TRT pathways. There are specific eligibility criteria the TSS 482 Visa holders must fulfil to enter the PR pathway.
- They must hold a TSS 482 Visa
- They must have been in Australia for at least 12 months From 1st February 2020 to 14th December 2021
- They must be employed or sponsored by a legitimate business in Australia
- Their nominated occupation must be in the STSOL
- They must have worked in their nominated occupation for at least 3 of the 4 years with their sponsoring employer
- They must meet the eligibility criteria of the TRT and ENS visas
ENS 186 Visa
The Employer Nomination Scheme allows Australian businesses to sponsor foreign workers for permanent residency. Australian businesses can nominate foreign workers for permanent residency under three streams: Direct Entry, Transition Stream or Labour Agreement.
The general eligibility criteria are as follows:
- Applicants must be nominated by their employer
- Applicants must be paid the market salary for their position
- Applicants must be performing the nominated role
- The position must be within the scope of the business
- Applicants must satisfy character and health requirements
- Applicants must be under 45 years of age; certain exemptions may be requested
Readers can find out more about the ENS Visa here.
Legacy 457 Worker Age Limit Exemption
There is a special provision in the legislative instrument for legacy 457 workers. A legacy 457 worker is someone who held a Subclass 457 Visa on or after 18th April 2017 and was in Australia for at least 12 months between 1st February 2020 and 14th December 2021.
The age exemption provision aims to capture all the 457 Visa holders after newer applications were stopped in April 2017. 457 Visa holders of that time will be eligible for age exemptions, as the cutoff age for both ENS and TRT is 45 years. People who previously held a 457 Visa but are currently holding a TSS 482 Visa will also be eligible for age exemption.
However, this exemption was made available after 1st July 2022 and will only be accessible for 2 years from the date of commencement.
TRT Stream
The Temporary Residence Transition (TRT) Stream, which is a component of the Employer Nomination Visa (Subclass 186), enables foreign workers to settle permanently in Australia after having held a temporary visa. To qualify for this visa, you must fulfil several requirements and must first receive a nomination.
The eligibility criteria for the TRT stream are as follows:
- Applicants must be 45 years or younger.
- Applicants have worked for their sponsor for 3 of the 4 years before applying for a visa (under Visa 457 or 482).
- The same employer who sponsored the applicant’s prior temporary work visas is the one who has nominated them.
- They satisfy the English proficiency requirements.
- If the applicant did not hold a 457 Visa as of April 2017, the nominated position is on the list of skilled occupations.
- The job for which the applicant has been nominated shares the same four-digit ANZSCO code as the one you held a Visa 457 or Visa 482.
- The applicant has signed or will sign a contract for at least 2 years (but not limited to only 2 years)
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.
