In this article we discuss, the employer sponsored visa with the formal name of the Temporary Skilled Shortage subclass 482 also known as the Employer Sponsored visa.
The Employer Sponsored visa, the TSS visa, recently replaced the previous 457 visa. However the previous 457 and the current 482 are still very similar.
You could deem it as rebranding by the department of immigration.
There was a few different things in there which have changed, but rather than going through all the details of the TSS 482, we will discuss questions and answers that we get asked most as a migration agent.
Difficulty of obtaining TSS 482
It is a lot more difficult than the previous 457 to obtain the 482. Long gone are the days are applicants who received a 457 visa with no skills or experience, and yet was able to obtain PR. This was many years ago, and now this no longer happens with the 482.
The immigration department has become a lot more strict.
Who can be a standard business sponsor?
The most often asked questions we receive is who can I ask to be the sponsor / who’s eligible to be a sponsor?
Most companies in Australia, from large corporations to potentially small start-ups are eligible to sponsor a nominated advocate.
The main requirements are that the company must be operating lawfully in Australia, so there isn’t a specific time period of how long the company needs to have operated a recently created company.
However, the company may be put under a little bit more scrutiny than another, if the financial history is relatively short.
For example, if you’re a new restaurant which has started, but has a lengthy lease agreement signed up for several years, plus you have spent thousands of dollars on equipment, inventory and staff. Immigration could deem for you to have good strong commitment.
And would most likely be giving you the standard business sponsorship.
However, if you just start operating out of a garage with not much income. It could be a little bit difficult for immigration to approve.
Another aspect, is that the company needs to be able to meet its financial obligations. The company ideally can demonstrate revenue is growing and can afford to pay to sponsor someone – can pay their salary, their wagers, superannuation and other employment cots. However, if the company is a small startup with say only $30,000 in revenue, paying to cover the expenses of a new sponsored staff member can be difficult.
But apart from the above, becoming a standard business sponsor is the easy part of this visa. The much harder part and where these are always refused is in the nomination stage.
Here are a few common requirements for nomination.
Firstly, there needs to be a genuine need for the role.
Have the sales been increasing, have previous employees quit, are you finding it difficult to find an Australian worker.
The company needs to demonstrate that they are not be able to find an Australian permanent Australian citizen or permanent resident for the role. Because of this requirement, Labour Market testing must be performed. You need to have:
two advertisements out for at least 21 days, have reviewed all the applicants to determine if eligible.
Applicants to the advertisement need to be given the first right of refusal for the position or the employee needs to be paid the Australian market salary for the role. But, the salary must be least $53,900 per year, this is the absolute minimum.
And finally, the occupation needs to be on one of the government’s medium to long term list or short term skilled occupation list. If the occupation is not there, then unfortunately it will be difficult to proceed.
My job isn’t on the medium to long term list or short term skilled occupation list?
Often applicants will advise that they can’t find their occupation on the list. There are in fact a lot of occupations on the list. If you search thoroughly, you will find different areas of specialized occupations underneath broader categories.
So if you scroll through the different occupation titles and then look through the specialization, you might find something that’s right for you. For example, carpentry is on the list. And one of its specializations is wood lacquering which falls under of carpentry.
Marketing Specialist is on the short term list. However alternate specializations that fit under market specialists include brand manager, Product Manager and sales promotion officer. So if you have one of those roles you might meet requirements for a job that is on the list under marketing specialist.
But, to be honest, marketing specialist, sends red flags with immigration, so maybe don’t go for that role, so consider other roles.
It is important that the job duties correlates to the occupation rather than simply looking at the job title. For example, if you have an occupation title of Accountant, but you were doing the duties of a Bookkeeper, your visa might be refused because you’re actually not doing the role, i.e you are a bookkeeper but you’re called an accountant.
Therefore, before choosing an occupation, make sure you have a look through the duties that are listed. Research and read thoroughly into the role before choosing the occupation.
Education and Qualifications
It is really important that you ensure that you meet their specific education and work requirements for the role. Read carefully what qualifications and education is needed.
Applicants will need to show that they possess the required education or qualifications, as well as the required work experience to fill the role. It’s simply not good enough to just have the skills to fill the role.
Immigration needs to see paperwork and work experience. They want to see everything, education, and the qualifications that you need for the role. Of course each role is different. For example: an accountant will need a bachelor degree, whilst a painter will only need a certificate in painting and detailing. Hence the education requirement varies.
However, with the work experience requirement is quite clear cut. At a minimum, you need to have at least two years relevant work experience. In a related role, the experience must be completed in the nominated occupation, or performing the tasks at the same level. For example, if you have a Bachelor of Hospitality and currently work as a restaurant manager, you will need to show that you have at least two years of post-qualification work experience as a restaurant manager to qualify for the position. Whilst if you just had a Diploma of Hospitality, you previously didn’t really need too much work experience to be approved for the role. But now you need at least two years post-qualification work experience.
The two years is a minimum work experience requirement, and for some occupations the length of experience may be more.
Can it lead to Permanent Residency
Finally, the most important question that is often asked – can the employer sponsored visa turn into permanent residency.
If your job is on the medium to long term list, then yes it potentially could.
If your job is only on the short term list then it would be very difficult to get PR.
Previously in the 457 visa days, if you studied and worked for two years in your occupation, you could then turn that into PR through the temporary resident transition stream. But that’s not the case anymore.
Other PR Options
Other options which may lead to PR other different sort of types of days that you could consider would be the state nomination 190 / 489 or the regional sponsored 187 visa. These are all great alternatives.
Or you could consider doing the study with your skill and an occupation which is on the medium to long term list.
I hope you found this to be quite helpful. If you would like to have your specific circumstances reviewed, please reach out to us at Oz Visa Central