The subclass 482 Temporary Skills Shortage visa allows skilled workers to come to Australia and work for an approved business for up to:
- Two years after it is granted if the occupation is listed on the Short Term Skills Occupation List (STSOL);
- Four years after it is granted if the occupation is listed on the Medium Long Term Skills Shortage List (MLTSSL).
There are three stages to successfully sponsoring a worker for a two or four year subclass 482 visa:
- Employer must hold or apply for business sponsor status;
- Employer must nominate an occupation from the 2 or 4 year list;
- Worker must apply to fill the occupation nominated by the employer.
Employers must either hold or apply for business sponsor status before a nomination application may be considered by the Department. If employers do not hold a current standard or accredited business sponsor status (generally valid for 5 years), the Department will allow employers to submit both business sponsorship and nomination applications online at the same time. In this case employers risk the loss of the nomination application charge if their sponsor application is refused.
The essential requirements for obtaining a new business sponsorship include:
- The business must pay the sponsor application and training contribution charges;
- The business must lawfully operate under a properly established business structure;
- The business must be lawfully operating (have a turnover) and have financial capacity;
The Training Contribution Charge (TCC) was implemented on 12 August 2018. Although businesses lodgeing after this date must pay this charge, some businesses who previously held business sponsor status must retain evidence they previously met the old training benchmark obligations. U Migrate Australia recommends retaining this evidence for at least 7 years.
The Training Contribution Charge each business must pay depends on their anual turnover and the period the prospective employer wishes to sponsor the overseas worker for. For example, if the occupation is on the two year list the business may choose to sponsor for 1 or 2 years. If the occupation is on the four year list, then the business has the choice to sponsor for between 1 and 4 years.
The sponsorship period must be decided at time of application, with the minimum 1 year costing $1,300 or $1,800 per year, the latter applying to business with an anual turnover of 10 Million or more.
A nomination application is required for all subclass 482 visas, and it is the employer's responsibility to pay for the costs associated with the application, warrant they will not recoup the money from the 482 visa applicant, and ensure all business documents and information provided is true and correct in every sense.
The essential requirements to lodge a nomination application include:
- The nominated occupation (position) is on the short or medium long-term skilled occupation list for the subclass 482 visa;
- The employer has undertaken specified Labour Market Testing (LMT) in the 4 months prior to the nomination application;
- The terms and conditions for the position meet the minimum standards set out under Australian employment law;
- The employer certifies the nominee has the qualifications and skills necessary to undertake the position;
- The salary for the position is calculated in accordence with the Australian Market Salary Rate;
- The nominee can meet the specified English level required or requested by the Department;
- the nominee can meet any skills assessment required or requested by the Department;
- The nominated position is genuine and on a full time basis for the period specified.
The subclass 482 Temporary Skills Shortage program includes two (2) occupation lists, which are also relevant to the length of time the employer may nominate the nominee for. Caution must be taken when reviewing the lists because any given occupation may also have caveats in place to limit nomination of the occupation.
Short Term Skilled Occupation List - STSOL
- A two (2) year maximum period may be nominated
- The visa applicant may only renew the subclass 482 visa once whilst onshore
Medium Long-Term Skills Shortage List - MLTSSL
- A four (4) year maximum period may be nominated
- The visa applicant may renew onshore, however additional evidence may be requested.
Subject to any exemptions, all new nominations require labour market testing (LMT) to have been undertaken in accordence with the requirements set out in the relevant legislative instrument. Currently the only exemptions are in relation to international trade obligations, however U Migrate Australia still recommends all employers undertake LMT to assist them prove genuine position criteria.
Labour Market Testing is applicable to:
- Existing 457 or 482 sponsors who wish to re-nominate for an extended term
- New employers who want to nominate for an occupation on the relevant STSOL or MLTSSL occupation list;
- Employers who want to nominate a nominee who is already working under a sponsor/nomination with another employer.
LMT is a 'time of application' criteria. This means: if you get it wrong, your application is taken to have never been lodged and you need to start again.
Subject to any exemptions, employers must provide evidence they will pay their nominee the Australian Market Salary Rate (AMSR), including:
- The amount is above the Temporary Skilled Migration Income Threshold (TSMIT) - currently $53,900;
- The rate is calculated according to specified criteria, such as a Fair Work Australia instrument, industrial award or relevant industry information, reputable salary surveys, job outlook data and similar job advertisements for the same full time position in the same or substantially similar location.
If applying for accredited sponsor status all of your employees must be paid according to the AMSR. For all applications it is important to get this rate correct, because the Department may substitute it for their own calculation as they see fit.
A number of disclosures - certifications must be provided on a nomination application, including:
- Details of any members of the nominee's family unit who may be included in the application for the subclass 482 visa;
- Information regarding prior visas held by the nominee - to enable transfer of any applicable rights, allowances and conditions;
- Evidence the nominee meets the English requirement under the relevant two or four year stream, if requested by the Department to do so; and
- Certification the nominee has the qualification and skills necessary to perform the duties in the nominated occupation - as set out by the relevant ANZSCO listing.
The Department usually requests evidence of English when the applicant is a prior subclass 457 or 482 visa holder and previously met the English requirement under an exemption.
The Department requires evidence that the position being nominated is a genuine position. This includes the nature, type and scope of the business operations, the nature of the nominated occupation and how it fits into the business structure. Examples include:
If a fundraising business is seeking to employ a person to dress in an animal costume and collect donations from the general public and has nominated a Marketing Specialist (ANZSCO 225113), whether the business has a genuine need for such an employee is irrelevant.
However, for this criterion to be met, the Department would need to be satisfied that a position exists which requires the occupant to undertake the duties of a Marketing Specialist (as described in ANZSCO). In this case it would be unlikely.
There are many risks associated with hiring overseas workers, including if they will remain after sponsorship and the obligations you as the employer must comply with. We can't make your employees stay with you, but we can manage your immigration needs and lower your risk to a more acceptable level.
This includes lowering risk of:
- Prolonged Processing;
- Breach of employer Obligations;
- Department scrutiny;
- Adverse Information;
- Application Refusal;
- Criminal Sanctions;
- increased expense
- incorrect Strategy.