482 TSS Visa Nomination

Navigating the 482 Temporary Skill Shortage (TSS) Visa nomination process is crucial for Australian employers seeking to sponsor skilled foreign workers. This guide simplifies the nomination criteria and Labour Market Testing (LMT) requirements, ensuring a smooth application journey.

 

Nomination Criteria Overview:

  • Sponsor Integrity: No adverse information about the sponsor or associated persons, unless deemed reasonable to overlook.
  • Entity Eligibility: Must be a Standard Business Sponsor (SBS) or part of a work agreement.
  • Skilled Australia Fund (SAF) Levy: Payment must be completed in full.
  • Dependent Applicants: Must be included in the nomination if applicable.
  • Occupation Relevance: Must align with specified occupations in legislation or work agreements.
  • Position Authenticity: The role must be genuine and full-time, with 38 hours a week as the standard full-time hours.
  • Salary Compliance: Must meet or exceed industry standards and ensure fair conditions compared to Australian workers.
  • Non-Discriminatory Practices: Must adhere to equitable recruitment practices.

 

Understanding Labour Market Testing (LMT):

LMT is mandatory unless international trade obligations exempt the position. It involves advertising the role in Australia for 28 days to prove no suitable local candidate is available.

 

LMT Advertising Requirements:

  • Language: Must be in English.
  • Platforms: Includes two (2) national mediums (e.g., Jora, Indeed, Seek).
  • Advertisement Contents: Job title, description, full-time status, required skills, sponsor/recruiter name, and salary (if under $96,400).

 

LMT Exemptions:

Exemptions apply under Free Trade Agreements (FTAs) and the WTO’s General Agreement on Trade in Services (GATS) for citizens/permanent residents of specific countries, including China, Japan, Mexico, Canada, Chile, Korea, New Zealand, Singapore, the United Kingdom, and Vietnam.

 

Special Positions Exemption:

Certain “select positions” are exempt from LMT, including roles requiring exceptional international achievements or high-earning positions.

 

Nomination Charges:

  • Application Fee: $330
  • SAF Levy: $1,200 per year for businesses with an annual turnover under $10 million; $1,400 per year for turnovers of $10 million or more.

 

For businesses and foreign workers navigating the 482 TSS Visa nomination process, understanding these criteria and requirements is the first step towards a successful application. Always consider obtaining comprehensive legal advice to ensure compliance and maximize the chances of approval.

 

TSS (Subclass 482) Visa
Australian Employer Sponsored Visa 
NSW | VIC | QLD | SA | WA

 

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