A Comprehensive Guide For Employers – KnN Migration Advisors
In Australia, the Temporary Skills Shortage Visa (TSS), subclass 482, is a pivotal solution for employers facing Labour shortages in occupations where qualified Australian workers are scarce. In this guide, KnN aims to cover the important information an employer needs to know such as eligibility criteria, and the step-by-step process involved in sponsoring an employee, etc.
The TSS Subclass 482 visa, introduced in March 2018, replaced the erstwhile 457 visa, becoming the primary avenue for Australian companies to sponsor foreign workers. Designed as a temporary visa, it enables skilled individuals to work for a nominated employer in Australia for up to four years, thus addressing critical gaps in the local Labour market.
Eligibility to Become a Sponsor for Employer-Sponsored Visa (Subclass 482)
Standard Sponsor
To become a Standard sponsor
- Your business must be legally established and currently operating, whether it’s located within or outside Australia.
- No Adverse Information: Your business or any related parties shouldn’t have any negative details that could affect your eligibility as a sponsor. If there are any, the Department of Home Affairs should be able to overlook them reasonably.
Additional Requirements for Businesses in Australia:
- You should have a strong record of or a demonstrated commitment to employing local Labour.
- You must declare that you will not engage in discriminatory recruitment practices.
Accredited Sponsor
To qualify as an accredited sponsor for the Temporary Skills Shortage Visa (TSS), businesses must first be a standard business sponsor. Accredited sponsors enjoy streamlined processing and priority treatment in visa applications. They must also meet specific additional characteristics tailored to five distinct categories:
Category 1: Commonwealth, State, and Territory Government Agencies
- Must be an Australian government department or agency.
- At least 75% of the workforce in Australia comprises Australian workers.
Category 2: Australian Trusted Traders:
- Must be a current Australian Trusted Trader.
- At least 75% of the workforce in Australia comprises Australian workers.
- Written contracts of employment meeting National Employment Standards for TSS and/or 457 visa holders.
- Compliance with payment standards and market salary rates.
Category 3: Low Volume Usage and High Percentage of Australian Workers (at least 85%):
- At least 85% of the workforce in Australia comprises Australian workers.
- Approved at least one nomination for a TSS or subclass 457 visa holder in the last 2 years.
- Approved more than 97% of nomination applications in the last year.
- Additional financial and compliance requirements.
Category 4: High Volume Usage and Medium Percentage of Australian Workers (at least 75%):
- At least 75% of the workforce in Australia comprises Australian workers.
- Approved nominations for at least 10 TSS and/or subclass 457 visa holders in the last 2 years.
- Additional financial and compliance requirements.
Category 5: Major Investment in Australia:
- Have made a major investment in Australia (of at least AUD50M) directly generating Australian employment.
- Not a sole trader or partnership.
- Additional financial, compliance, and investment requirements.
These additional characteristics aim to ensure that accredited sponsors contribute significantly to the Australian economy, uphold employment standards, and adhere to regulatory obligations. Each category caters to diverse business profiles, allowing flexibility while maintaining the integrity of the TSS visa program.
If you are a Standard or Accredited Sponsor, you should fulfill the below obligation to sponsor through TSS Subclass 482
Nomination for Eligible Occupation:
- Employers can nominate workers for occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL), the Regional Occupation List (ROL), or the Short-Term Skilled Occupation List (STSOL).
Inability to Find Australian Worker:
- Employers must demonstrate their inability to find an Australian citizen or permanent resident with the required skills and experience for the nominated position through Labour market testing.
Payment of Annual Market Salary Rate (AMSR):
- Employers must determine and ensure payment of at least the annual market salary rate (AMSR) for the nominated position, regardless of the nominee’s current salary. The AMSR is set by the Fair Work Commission and is reviewed and adjusted annually.
Genuine Position Availability:
- The nominated position must genuinely exist and align with the business’s operations, consistent with the ANZSCO skill level and tasks. It must not be created solely for migration purposes.
Full-Time Employment and Contract of Employment:
- The position must be full-time, typically involving 38 hours per week or as specified in industry awards or agreements. Nominees must be engaged under a written contract of employment.
Non-Discrimination and Equivalent Employment Conditions:
- Employers must not engage in discriminatory recruitment practices and must ensure that employment conditions for nominees are equivalent to those of Australian workers in the same location.
No Adverse Information:
- There should be no adverse information about the business or associated individuals unless deemed reasonable for the Department of Home Affairs to disregard.
These obligations underscore the importance of integrity, fairness, and compliance with Australian employment standards in the TSS visa nomination process. Employers must uphold these requirements to ensure the legitimacy and integrity of the visa program.
Steps to Apply for the TSS Subclass 482 as an Employer
Step 1: Determine Eligibility to Sponsor Workers under Subclass 482
Requirements for sponsoring foreign workers with a TSS Subclass 482 visa (also known as a 482 visa Australia) are strict and outlined by the Australian Department of Home Affairs. As highlighted in the TSS visa section, employers must be or become a Standard Business Sponsor. This ensures they understand and can meet their obligations when sponsoring foreign workers.
One key requirement is demonstrating that a genuine effort has been made to recruit and hire Australian citizens or permanent residents for the position, before sponsoring a foreign worker on a Subclass 482 visa. Employers need to conduct Labour market testing, which shows they’ve actively searched for qualified Australian candidates. Additionally, employers must offer the nominated foreign worker a salary that meets or exceeds the market rate for the position (AMSR). This ensures fair pay and protects Australian workers interests.
Step 2: Employer Submits Standard Business Sponsorship (SBS)
Before embarking on the Employer Sponsored visa 482 application process, employers need to take a few crucial steps. Firstly, they must secure Standard Business Sponsorship, the foundation of the sponsorship process. This involves verifying employer eligibility for the 482 visa and ensuring compliance with relevant regulations. Additionally, pursuing accreditation can be beneficial for eligible employers. Accredited sponsors enjoy faster processing times and demonstrate a higher level of trustworthiness to the Department of Home Affairs.
Moving on to the nomination stage, employers must nominate the intended employee for the TSS 482 visa. This entails ensuring alignment with the visa 482 requirements outlined in the nomination process. Specifically, employers require to verify if the occupation is on the relevant skilled occupation lists and assess the nominee’s qualifications to ensure they meet the necessary standards for the 482 visa in Australia.
Step 3: Labour Market Testing
To comply with requirements for an employer-sponsored visa, employers must typically conduct labour market testing unless exempt. This process verifies the lack of available Australian citizens or permanent residents with the necessary skills for the position. It involves advertising the job according to specific guidelines and thoroughly documenting the results to demonstrate adherence to visa 482 requirements [482 visa requirements for employer and 482 visa Australia].
Step 4: Nomination
Employer Sponsored Visa, otherwise the TSS Australia Visa, is a pathway for businesses to address skill shortages by sponsoring overseas workers. To ensure a fair and competitive job market, employers must comply with 482 visa requirements for employers, including the AMSR (Annual Market Salary Rate) or relevant exemptions.
Gathering Documents for the 482 Visa Application
Employers need to collect supporting documents for the nomination application, including:
- Employee identification documents
- Employment contracts
- Proof of AMSR payment (or exemption)
- Evidence of genuine labour market testing
- Documentation demonstrating the genuineness of the nominated position
These documents solidify the nomination and strengthen the subsequent visa application by the nominated employee.
Application Submission and Post-Application Procedures
The employer submits the nomination application electronically through ImmiAccount, along with the required fees. This initiates the assessment process by the Department of Home Affairs who will decide on the nomination application.
Following the application submission, employers are responsible for:
- Keeping the Department of Home Affairs informed of any changes or withdrawals related to the nomination application. This upholds transparency and adherence to regulations throughout the sponsorship process.
- Acting on the outcome communicated in the approval or refusal letter. This may involve following specific instructions or considering appeal options as outlined in the letter.
Completing the nomination process successfully paves the way for the nominated worker to submit their individual visa application.
Once successfully nominated for the Temporary Skills Shortage visa (TSS Visa), employees can proceed with the application process. This stage typically takes approximately 1 to 2 months for processing. To secure the visa, employees must demonstrate possessing the skills, education, and qualifications required for the nominated position.
In essence, the TSS Visa allows Australian employers to recruit skilled workers from overseas to fill vacancies where there aren’t enough suitable local candidates available. To get started, employers need to ensure they qualify for and apply for Standard Business Sponsorship. This involves meeting strict requirements such as proving the genuineness of the job offer, advertising the position to attract local candidates, and offering a competitive salary. The nomination process itself includes gathering necessary documents, submitting the application, and staying updated on its progress. Once they receive feedback on the nomination, employers need to take the appropriate steps to finalise the process.
Having a Registered Migration Agent can be incredibly beneficial for employers navigating the intricacies of the TSS Subclass 482 Visa process. These agents possess expertise in immigration law and regulations, ensuring that employers meet all the requirements and submit accurate documentation. They can provide valuable guidance on eligibility criteria, assist with the Standard Business Sponsorship application, and help employers understand their obligations throughout the process.
Please note: The information provided was accurate as of 12th March 2024, and immigration regulations can change over time. This information is intended for general understanding and should not be considered legal advice. Since details are subject to change, we recommend reaching out to us for the latest guidance tailored to your specific situation. We look forward to assisting you!
If you’re seeking help from a MARA-registered agent in Australia, contact us at KnN. Our experienced team is knowledgeable about Australian immigration and education processes, ensuring you receive reliable guidance. As policies evolve, we stay updated to provide you with the most current information.
