TSS 482 VISA | immigration lawyers in melbourne

TEMPORARY SKILL SHORTAGE
(482) VISAS

The Visa Process

SBS

The Applicant in this stage is the Employer who must:

  • Demonstrate active and lawful operation of a business.
  • Have a strong record of/commitment to employing local labour.
  • Not engage in discriminatory recruitment practices.
  • Have no adverse information about the business or its officers.
  • Not seek to recover application costs from the nominated employee
  • Once approved, an SBS is valid for 5 years.

NOMINATION

The Applicant, again, in this stage is the Employer who, if applying as an SBS must:

  • Identify the Nominee.
  • Specify the occupation.
  • Provide the location of the position.
  • Specify the proposed period of stay.
  • Certify they have not asked for, or received, any benefit to initiate a sponsorship-related event.
  • Not be the subject to adverse information.
  • Nominate a position that is genuine and full-time.
  • Meet training obligations (contribution to Skilling Australians Fund (SAF)).
  • Be an approved SBS (unless nominating through an alternative stream).
  • Meet minimum salary requirements which are no less than market rate for that occupation and meet the Temporary Skilled Migration Income Threshold (TSMIT).

There are 3 Streams to apply through:

  1. Short-term stream – for occupations on the Short-term Skilled Occupation List (STSOL)
  2. Medium-term stream – for occupations on the Medium and Long-term Strategic Skills List (MLTSSL)
  3. Labour Agreement stream

VISA

Once approved the visa can be granted for up to 2 or 4 years, depending on the stream.

The Applicant may be onshore or offshore but must be offshore if they have held more than one TSS visa in the short-term stream and last one was applied for onshore.

The Applicant, who is the nominated migrant must:

  • Hold a substantive visa or BVA, BVB or BVC have complied substantially with the conditions that apply/applied to the last of any substantive visa they hold/held, and any subsequent bridging visa.
  • The Nomination identified in the visa application must have been approved and not ceased.
  • Have the appropriate skills, qualifications and employment background.
  • Declare they have not engaged in “pay for visa” misconduct.
  • Have 2 years of relevant post-qualification experience.
  • Meet English requirements (subject to exemptions).
  • No adverse information against Sponsor, or reasonable to disregard.
  • Meet various additional criteria including being of good character and in good health.

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