To avoid common pitfalls and optimise your chances of success, ask these 5 key questions before commencing the 482 TSS sponsorship process.
1. What occupation code should I use when sponsoring for the 482 TSS?
Standard Business Sponsors can only sponsor for occupations on the 482 TSS Skilled Occupation List. Some occupations are not included on the 482 TSS Skilled Occupation List and cannot be sponsored, while others are subject to caveats which restrict the circumstances in which the occupation is available for sponsorship.
Selecting the most appropriate occupation to match the position determines the following matters:
- The period for which the 482 TSS visa can be granted.
The TSS Skilled Occupation List identifies occupations subject to Medium Term Skills Shortage as available for a 4-year visa and occupations subject to Short Term Skill Shortage as available for a 2-year visa.
- If the 482 TSS visa holder can be sponsored for permanent residence in the future.
Only occupations on the Medium Term Skills Shortage list can be sponsored for Australian permanent residence under the Employer Nomination Scheme. If an occupation is on the Short Term Skill Shortage list then employers can sponsor for an initial period of 2 years, with a possible extension of 2 years.
- The duties that the sponsored employee on the 482 TSS visa can perform.
The TSS 482 visa is not a general work visa. Approved Standard Business Sponsors are subject to a sponsorship obligation under the Migration Law to ensure that a sponsored employee only performs duties within the nominated position as set out in the ANZSCO code under which they were sponsored. This restriction on the duties that can be performed on the 482 TSS visa is also imposed as a visa condition on the 482 TSS visa granted to the sponsored employee. Accordingly, both the sponsoring business and the 482 TSS visa holder will be in breach of the Migration Law if duties performed fall outside the nominated position as stated in the initial application. Where employers want to change the nominated position duties, it is necessary to make a fresh 482 TSS nomination application and wait for approval by the Department of Home Affairs.
- The Annual Market Salary Rate which would be payable to an equivalent Australian worker employed in the same occupation
The appropriate Annual Market Salary Rate will be assessed by reference to the stated occupation and ANZSCO code nominated in the application in determining if you have other Australian workers performing the same tole within the business or industry data as to the salary that should be paid to the sponsored employee.
Employers need to first determine the duties of the proposed position to be sponsored and then review the Occupation List to see if there is a match for the duties of the position. Each occupation on the 482 TSS Skilled Occupation List includes an ANZSCO occupation code which references a definition of the key duties for each occupation used by the Department of Home Affairs to assess that you have selected an occupation code which matches the duties.
2. Will the overseas worker meet the criteria for a TSS 482 visa?
The 482 visa application process is typically described as follows:
- Step 1: Sponsorship application by the business to become an approved sponsor
- Step 2: Nomination Application by the business for approval of the position
- Step 3: Visa Application by the overseas worker
While the 482 TSS application process requires Step 1, Step 2 and Step 3 above to be successful, before deciding if you should sponsor an overseas employee it is essential to first determine whether the proposed employee is likely to satisfy the 482 TSS visa criteria under Step 3.
3. Can an Australian worker be found to fill the position?
Labour Market Testing for the 482 TSS Visa
Considering whether an Australian worker can be found before you commence the sponsorship application process is vital to the approval of your TSS 482 application.
Australian Migration Law imposes a strict requirement that Labour Market Testing requirements must be satisfied at the time the 482 TSS Nomination Application is lodged. Labour Marker Testing requirements can not be completed after lodgement of the nomination application or satisfied at a later date in response to a requested by the Department of Home Affairs to provide additional supporting evidence.
The timing and specificity of Labour Market Testing are such that employers applications under the 482 TSS program are often refused for failing to meet the Labour Marker Testing requirements.
If you’re not able to satisfy Labour Market Testing Requirements, your nomination application will most likely be refused and you will forfeit the Skilling Australians Fund (SAF) Charge paid at the time the 482 TSS Nomination Application was lodged. For example, where you sponsor a 482 TSS visa applicant for a four-year visa, the Skilling Australians Fund Charge ranges from $4,800.00 up to $7,200.00, so failing to meet Labour Market Testing requirements is a particularly costly mistake.
To avoid refusal of your 482 TSS nomination application and resulting loss of the Skilling Australian Fund Charge, carefully consider the applicable Labour Market Testing requirements specified by the Minister for Home Affairs and ensure strict compliance in respect of the following:
- Labour Market Testing was completed within the required period.
- Labour Market Testing was completed in the required manner.
- The Nomination Application is submitted together with evidence of completing the Labour Market Testing for the period and in the manner required.
- The Nomination Application is submitted with sufficient details to satisfy the Department of Home Affairs that there is no suitably qualified and experienced Australian worker available.
Employers must also complete the applicable Labour Market Testing before making an offer of employment to the proposed overseas worker. Accordingly, the employment contract should not be dated before the completion of the Labour Market Testing. This is also a common and avoidable reason for refusal of a 482 TSS Nomination Application by the Department of Home Affairs.
4. What are the costs to the business to sponsor an overseas worker under the 482 TSS program?
The Department of Home Affairs 482 TSS application fees are as set out below:
Strict provisions in the migration law ensure that employer sponsors must pay the costs of sponsoring and nominating overseas workers. Employer sponsors are also prohibited from recovering the costs of the sponsorship or nomination and must not receive a payment/benefit in return for sponsorship of an overseas worker.
5. What are the processing times for the 482 TSS visa?
Current processing times for the Subclass 482 (Temporary Skill Shortage) TSS visa as at 18 July 2019 are set for each stream out below:
Can my business be approved as an Accredited Sponsor to access priority processing of the 482 TSS application?
Sponsoring an overseas worker for a 482 TSS visa as an accredited sponsor compared to being a Standard Business Sponsor means that the process is simplified and ensures priority processing of the application. Before starting the sponsorship process, existing Standard Business Sponsors should consider if they meet the criteria to become an approved sponsor. Find out more about who can become an Accredited Sponsor.
Arrange a telephone conference to speak to our Accredited Specialist Immigration Lawyer before commencing the 482 TSS sponsorship process.