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482 Visa Lawyers: Temporary Skills Shortage Visa

At CMI Legal, we have a team of Work Visa Lawyers who offer excellent legal guidance to applicants who are keen on dealing with the temporary skill shortage of Australian subclass 482 Visa. From eligibility assessments up to the submission of visa applications, we make sure that the process is easy and quick while keeping you away from some common mistakes and violations of legal requirements.

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What is the TSS 482 Visa in Australia?

The Temporary Skill Shortage (TSS) Visa (subclass 482) enables Australian employers to address the skill shortages by sponsoring overseas workers when no local talent is available. Businesses are allowed to engage skilled foreign workers for up to four years, depending on the stream. There are three main streams under the 482 visa, including short-term, medium-term, and Labour agreements. Each stream has different eligibility criteria relating to the occupation list.

For workers, this visa allows living and work in Australia with a chance of transitioning to permanent residency. Employers are required to show that there is a genuine need for the worker and meet sponsorship obligations. It would be especially vital to these sectors that get adversely affected due to shortages of labour and thus highly required for professional lawyers in TSS Visa Lawyers to navigate the application process most efficiently.

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Eligibility Criteria for the Subclass 482 Temporary Skill Shortage Visa

The Subclass 482 TSS Visa allows employers to sponsor overseas skilled workers who can fill available work when there are no Australian workers who can do the job. Both the employer and the employee must meet certain conditions for the visa and ensure that they abide by the immigration laws of Australia.

Employee Requirements

Applicants applying for a TSS 482 Visa must have the skills and qualifications required by the occupation they have nominated. The applicant is also allowed to have at least two years of work experience in their relevant area of operations. Unless exempted, the applicants must have passed the test on the English language proficiency as required to meet the standards. The applicants who have health or character issues will undergo health and character checks.

Employer Requirements

Australian employers who want to sponsor a worker under the TSS 482 Visa must be an approved business sponsor with proof that the nominated position cannot be filled by an Australian worker. The sponsors will have to undergo the Labour market testing process and provide employment conditions that meet or are more than the market salary rate. Finally, the employer should comply with specific sponsorship obligations for requirements to be met during the visa term.

TSS 482 Visa Application Process In Australia

The process of applying for a TSS 482 Visa is taken through a number of steps that, if very carefully followed, ensure a relatively easy and successful application. Below are the steps to follow to apply for a 482 visa.

Sponsorship Application

The process begins with an employer's application to become an approved sponsor. To be able to be a sponsor, employers must demonstrate to the Australian authorities that their business operates lawfully in Australia and that its operations comply with the sponsorship obligations of the Temporary Skills Shortage Visa. This step is crucial, as, without an approved sponsor, a visa cannot be granted.

Nomination to the Position

Once sponsorship is approved, the employer should nominate the position for which they are hiring the skilled worker. The role has to be available on the Skilled Occupation List specific to the stream (Short-Term or Medium-Term). An employer will need to prove that no Australian can fill the role by using Labour Market Testing. Our TSS Visa Lawyers will help you ensure that all nomination requirements are met.

Visa Application by Employee

Following nomination, the employee can apply for a TSS 482 Visa. This includes submitting personal documentation, evidence of his skills and qualifications, health and character checks, and results for an English language test. Proper legal guidance from our Temporary Skills Shortage Visa Lawyer will ensure that all documentation is in order and submitted accurately.

Processing and Evaluation

All sponsorship and visa applications will be checked by the Department of Home Affairs. The department checks if all documentation is proper as well as if the employer meets all the obligations of a sponsor and finally if the employee has the right skills and qualifications for the job. With the assistance of our TSS Visa Immigration Lawyers, applicants will be able to avoid delays and errors in the checking process.

Visa Outcome and Next Steps

Once the application is completed, the outcome will be communicated to both the employer and the employee. If the visa is approved, the employee will be able to work in Australia according to the terms of the TSS 482 Visa. If the visa application is denied, our TSS Visa Appeal Lawyers would be available to assist in the review or appeal of that decision.​

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Different Application Streams for 482 Temporary Skill Shortage Visa

There are three streams that constitute the Subclass 482 Visa, individually developed for targeting specific skill shortages in various industries. Knowing which stream is applicable to your situation helps ensure that you apply correctly for your visa in the best chance possible for approval.

Short-Term Stream

  • Designed for occupations listed on the Short-Term Skilled Occupation List (STSOL).
  • Visa allows up to two years or four years if the holder of this visa will be subject to an International Trade Obligation (ITO).
  • No pathways to permanent residency unless for another visa.
  • Labour market testing must be conducted before lodging.
  • English language proficiency does not apply unless conditions are met.
  • Suitable when there are immediate but temporary skill shortages.

Medium-Term stream

  • For occupations included in the Medium and Long-Term Strategic Skills List (MLTSSL).
  • It offers stays of up to four years, with the possibility of permanent residency after three years.
  • Labour Market Testing and salary requirements apply, similar to the Short-Term stream.
  • Must be more proficient in the English language than in the Short-Term category.
  • Best suited to industries that have long-term skill shortages requiring longer-term employment and residency.

Labour Agreement stream

  • Open only to employers holding a Labour Agreement with the Australian Government.
  • Stream designed to address labour shortages in industries that can't be achieved through standard immigration programs.
  • Visa conditions to provide flexibility, possibly with concession on requirements in terms of English language proficiency and/or salary.
  • Visa duration is negotiated in the agreement, whereby one may earn permanent residence through the terms of the agreement.
  • Best suits particular industries such as agriculture, fishing, and meat processing, that require particularly highly skilled workers.

Documents Checklist For Visa 482 Temporary Skill Shortage Visa Temporary Skill Shortage Visa

When an applicant files a TSS 482 visa, the employer and the employee must produce various documents for compliance with legal obligations. Preparation of all related documents may save plenty of time in the visa application process and decrease delays.

Personal Identity Documents

Applicants should provide original copies of personal identification documents, such as a passport, birth certificate, and national ID cards. The copies provided should also be up-to-date and certified. Suitably obtained legal advice from our Temporary Skills Shortage Visa Lawyers to ensure all identification details are immigration compliant to avoid allowing the application to be delayed​.

Evidence of Skills and Qualifications

The applicants must also provide evidence of the essential skills and qualifications that correspond to the nominated occupation in the relevant Skilled Occupation List. This means providing degrees, certificates, and evidence of their work history. Our TSS Visa lawyer ensures that your documents accurately reflect your skills to meet immigration requirements.

Health and Character Documents

An application for a TSS visa involves health and character checks. This involves medical tests and police clearance certificates issued by all countries where the applicant has lived for more than 12 months. Ensure that all your required documents have been properly accomplished and completed with legal assistance from our Temporary Skills Shortage Visa Legal Services.

Employment and Sponsorship Documents

All sponsors must provide sponsorship approval documents along with an employment contract that meets market salary rates and conditions. The documents will ensure that the employer is qualified to sponsor the applicant. Our lawyers specializing in TSS sponsorship can facilitate compliance with such requirements for businesses so that the employment offer shall meet all legal criteria.

Labour Market Testing and English Proficiency

Employers must demonstrate that Labour market testing has been conducted to demonstrate that no Australian worker could fulfill the position. Applicants also must provide evidence of an English language test result unless they are exempt. Our TSS Visa Lawyers Sydney can help employers with LMT and assist applicants in demonstrating the required standards of English proficiency.

Here is Our Process For Work Visa Application

The Australian work visa application procedure is complex and demands meticulous attention to detail. The steps can be navigated as follows:

Consultation and Engagement

Start by arranging a meeting with the immigration lawyer who has expertise in this field, and they will give you customized assistance. They will perform an evaluation of your case and the complexities of the process, and they will acquaint you with the process. Upon the completion of the meeting, they will promptly send you an engagement letter or an agreement detailing the terms and conditions of your legal representation, so that all parties involved have a firm grasp on the commitment.

Preparation and Support

International visa requires your lawyer to prepare a set of documents and to collect strong evidence that confirms your relationship. These proofs may include joint bank account statements, shared lease or mortgage documents, and personal statements from friends and family. This preparation stage is an essential element of the whole procedure, because the quality of application can provide a basis for a fair consideration.

Submission and Communication

This is the stage where you and your attorney file your application with the Australian Department of Home Affairs. They will review your paperwork and make sure it complies with all applicable laws and regulations. The lawyer will be working closely with the department and maintaining communication with you during this waiting period, which may be longer, and will give additional information.

Representation and Success

You may, for instance, be required to provide additional information or submit to an interview by the Department of Home Affairs. And if so, your lawyer will prepare you for this and represent you if the need arises. They’re the one who is there for you, and they are the ones who bring out the best in you so that they can better present you to the college. They will advise you on the outcome of the decision and would review the details to guide you on the best choice, may it be an appeal or new application.

FAQs on Temporary Skill Shortage Visa (482)

Legal fees for a TSS visa lawyer fall in the range of AUD 2,000 and AUD 5,000 based on the specific details of your case and the services you require. Contact us for a detailed fee breakdown as per your specific condition.

A TSS Visa Appeal Lawyer can review your case and prepare an appeal to the Administrative Appeals Tribunal to ensure all legal grounds are covered for reconsideration.

With the help of legal advice, TSS visa applications take time to process, usually in the range of 1-3 months. However, it might be different depending on the complexity of the case, the selected stream, and the prevailing processing times at the Department of Home Affairs.

Yes, our TSS Sponsorship Lawyers can assist employers in working through a sponsorship application and ensure all the legal obligations are complied with, which could involve completing Labour market testing and uploading correct documentation.

In case of problems with your sponsor, our Temporary Skills Shortage Visa Lawyer can advise you lawfully and help with disputes or refer you to an alternative that may include changing sponsors or appeals decisions.

Dependent family members, including spouses, partners, and children, can be included in the TSS visa application so that they can live, work, and study in Australia for the duration of their visa.

Yes, our TSS Visa Lawyer can assist you in the process of transferring from a short-term to a medium-term stream by assessing eligibility, updating documentation, and applying for all of the necessary applications to have them approved.

Yes, if you have to change employers while under the TSS visa, our Temporary Skills Shortage Visa Lawyer may help you with the new nomination and ensure that the procedure complies with the conditions stipulated by the visa.

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Book a consultation

Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.

Preliminary Migration Law Consultation

Comprehensive Migration Law Consultation

Book a consultation

Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.

Preliminary Migration Law Consultation

Comprehensive Migration Law Consultation