Temporary Sponsorship Overview
The Temporary Skill Shortage Visa Program enables employers to address labour shortages by sponsoring skilled workers on a Temporary Work Visa where they are not able to source an appropriately skilled Australian employee.
The Temporary Skill Shortage (TSS) visa is known as the 482 visa. Replacing the 457 visa from 18 March 2018, the 482 visa program is now the appropriate option for employers wishing to sponsor under the skilled migration program.
Existing 457 visa holders in Australia are able to remain on their existing 457 visas until expiry. However, renewals for Temporary Work Visas must be made under the new 482 visa program.
Temporary Skill Shortage Sponsorship Process
There are three stages of the Temporary Skill Shortage (TSS) 482 Visa Program:
Stage 1: Business Sponsorship Approval: The employer applies to become an approved Standard Business Sponsor.
Sponsorship Approval is generally valid for a period of 5 years.
Approved Sponsors are able to nominate positions to be filled by overseas workers in accordance with Step 2 below.
Approved Sponsors are required to meet ongoing sponsorship obligations generally for the validity of their sponsorship approval. Sponsorship Obligations are enforceable obligations under the Migration Act 1958 and carry serious penalties for non-compliance.
Sponsoring businesses with more than $4 million annual turnover and with a minimum of 75% Australian workers may also be eligible to become an Accredited Sponsor once they have a proven record of compliance as a Standard Business Sponsor. Approval as an Accredited Sponsor gives Australian businesses access to Priority Processing arrangements where Temporary Work visa applications are generally processed in less than 5 days.
Department of Home Affairs sponsorship application fee is $420.00.
Stage2: Nomination: The employer nominates a position to be filled by a Temporary Work visa holder.
Standard Business Sponsors can only sponsor for occupations included on the relevant Skilled Occupation List. Included occupations are split between the Short-Term Occupation List for visas up to 2 years and the Medium Term Occupation List for visas for up to 4 years.
Find out which occupations are available for Temporary Work Visa Sponsorship: https://www.hwimmigrationlawyers.com/employer-sponsorship-skilled-occupations-lists/
Labour Market Testing must be completed prior to lodging a Nomination Application to evidence that an appropriately skilled Australian cannot fill the position.
Strict requirements apply to demonstrate what is the Australian Market Salary rate for the occupation and that the terms and conditions of employment will be no less favourable than that afforded to Australian workers.
Department of Home Affairs nomination application fee is $330.00.
Approved Standard Business Sponsors are also required to pay a contribution levy to the Skilling Australia Fund (SAF) of $1,200.00 per year (annual business turnover less than 10M) OR $1,800.00 per year (annual business turnover more than 10M). For example, the SAF levy contribution a four-year 482 visa would be either $4,800.00 or $7,200.00, depending on annual business turnover.
The SAF levy is payable at the time lodgement of the nomination application and may only be refunded in limited circumstances.
Stage 3: Visa application: The proposed employee applies for a Temporary Work visa to be employed in the nominated position.
Temporary Work visas can only be granted to highly skilled employees. This is determined by both the type of occupations included on the Skilled Occupation Lists and the requirement to show that they have the required Qualifications, Work experience, and English language ability.
Schedule an appointment to speak with our Accredited Immigration Law Specialist to start the sponsorship application process.