A Document Checklist for Temporary Skill Shortage Visa (subclass 482)
Visas such as Temporary Shortage Visa (TSS) (Subclass 482) allow employers to address labour shortages by bringing in genuinely skilled workers into a workplace when they are unable to source an appropriately skilled Australian. Here is a list of types of temporary work visas.
What are the available streams for Temporary Skill Shortage (TSS) visas?
Short–term stream: allows for sourcing genuinely temporary overseas skilled workers to cover short-term positions for a maximum of two years.
Medium-term stream: allows for highly skilled overseas workers to fill medium-term critical skills for up to 4 years. The applicants can apply for permanent residence after three years.
Labour agreement stream: allows an employer who has executed a labour agreement with the Commonwealth to source skilled overseas workers.
What is the process for Temporary Skill Shortage (Subclass 482)?
An employee has to fulfil these three stages when sponsoring employee(s) from overseas:
Sponsorship: The employer has to apply for approval as a Standard Business Sponsor (SBS).
Nomination: The employer nominates a position for the potential TSS visa application or an existing TSS visa holder.
Visa application: The person nominated for the nominated occupation applies for a TSS visa.
Process for Applying to be a Sponsor
Who can become an SBS?
Entities that can apply to be SBS are as follows:
Sole trader
Partnership
Proprietary company
Public company
Government departments
Statutory authority
Non-profit organisations
Educational institutions
What is the Document Checklist for Sponsorship for TSS 482 Visa?
Once your business is approved, you will be granted permission to sponsor overseas skilled applicants for 5 years. At the expiry of this approval, your business will have to make another application to be able to sponsor in the future. Key documents needed are the following:
| Document Type | |||
|---|---|---|---|
| Company Registration | Business to provide registration certificate for Australian Business Number (ABN) or Registration of certificate for Australian Registered Body Number (ARBN) Information from Australian Securities and Investment Commission (ASIC) | ||
| Financial Documents | Tax returns from the most recent financial year Recent Business Activity Statement Recent Bank Statement Profit and Loss Statement Annual Report from the most recent financial year | ||
| Other Documents | Tenancy agreement Evidence of staff Evidence to setup business operations in Australia (only if relevant) Contract to provide goods or services |
Once you become an SBS, you can apply for accredited status and receive priority when the Department processes TSS visa applications and for sponsorship obligations.
Document Checklist for Nomination for TSS 482 Visa
| Evidence | Document Type | |
|---|---|---|
| Genuine Position | Employment contract for the candidate Employment contract for past workers in the same role Organisational chart | |
| Occupation requirements | Duties of the role must correspond with ABS and ANZSCO. The position must be an occupation on 482 List Meets TSMIT Mandatory skills assessment in certain situations | |
| Market Salary | Position description Job advertisements for similar role and similar salary compensation Employment contract for Australian workers performing the same work in the same location | |
| Financial Capacity to Fill the Role | Financial reports Evidence of new contracts Letter from an accountant confirming the financial status of the company | |
| Labour Market Testing | Labour Market Testing (LMT) requirement is either met or a submission as to why it is not needed has been made |
Document Checklist for TSS 482 Visa Application
You can include your family in your 482 visa application as secondary applicants. This includes your spouse or de facto partner and children under 18 years of age (although in certain circumstances dependents over the age of 18 can be included as well).
| Document | Applicant | |
|---|---|---|
| Passport + passport photograph | Primary + secondary | |
| Other ID documents | Primary + secondary | |
| CV | Primary | |
| Qualifications and academic transcripts | Primary | |
| Relevant skills assessment | Primary | |
| Previous employment references | Primary | |
| Relevant registration or licenses | Primary | |
| Change of name documents | Primary + secondary | |
| Marriage certificate/proof of de facto relationship | Primary + secondary | |
| Birth certificates (children) | Secondary | |
| The past 10 year police clearances for countries where you have spent 12 months or more | Primary + secondary | |
| Evidence of health insurance | Primary + secondary | |
| Health assessment (if required) | Primary + secondary | |
| Evidence of English language proficiency | Primary |
How Can Agape Henry Crux Help You?
If you want to find out more about your visa or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.