The Subclass 482 visa, also known as the Temporary Skill Shortage (TSS) visa, is designed to allow employers in Australia to address labour shortages by bringing in genuinely skilled workers where employers can’t source an appropriately skilled Australian. Here’s an outline of the key restrictions and conditions associated with the 482 visa:
1. Occupation List Restrictions
- The occupation must be on the Short-term Skilled Occupation List (STSOL) for a stay of up to 2 years or the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) for a stay of up to 4 years.
2. Skill and Qualification Requirements
- Applicants must have the skills and qualifications necessary for the occupation. This includes any mandatory licensing or registration requirements.
3. Work Experience Requirements
- Applicants generally need to have at least two years of relevant work experience in their skilled occupation or a related field.
4. Labour Market Testing (LMT)
- Employers must demonstrate that they have tested the local labor market and were unable to find an Australian citizen or permanent resident to fill the position. Evidence of advertising the position is required.
5. Salary and Employment Conditions
- The salary for the visa holder must meet the Temporary Skilled Migration Income Threshold (TSMIT), which ensures that overseas workers are not exploited, and that the Australian labour market standards are upheld.
- The terms and conditions of employment must be no less favorable than those that would apply to an Australian citizen or permanent resident performing the same work at the same location.
6. English Language Requirements
- Applicants must meet certain English language requirements, unless they are exempt (e.g., passport holders from certain English-speaking countries or those who have earned a salary above a certain threshold for the last two years).
7. Visa Duration and Renewal
- The duration of the visa depends on whether the nominated occupation is on the STSOL (up to 2 years) or the MLTSSL/ROL (up to 4 years).
- For STSOL occupations, the visa can be renewed only once in Australia.
8. Health and Character Requirements
- Applicants must meet health and character requirements, which include medical examinations and police certificates.
- This also applies to any subsequent entrant dependents that are part of an application.
9. Training Requirements for Employers
- Employers sponsoring a TSS visa holder must pay into the Skilling Australians Fund (SAF), which supports training Australian workers.
These restrictions ensure that the Subclass 482 visa programme is used appropriately and benefits the Australian economy without undermining local labor conditions or opportunities for Australian citizens and permanent residents.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your 482 Work Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
