482 TSS Visa Nomination
The nomination criteria can be summarized as below:
- There is no adverse information about the sponsor, or an associated person, unless the delegate regards it as reasonable to disregard;
- The nominating entity is an SBS, or a party to a work agreement;
- The nominating entity has paid the SAF levy in full;
- Dependent or secondary visa applicants have also been included in the nomination, if applicable;
- The nominated occupation corresponds to an occupation specified in the legislative instrument or work agreement;
- The nominated position is genuine;
- The position associated with the nominated occupation is full-time unless it is reasonable to disregard this requirement;
- 38 hours per week will be considered full time, or periods between 32 and 45 hours will be acceptable if specified under an industry award or agreement.
- All salary related requirements have been met;
- There is no information that would indicate that employment conditions for the nominee are less favourable than those applicable to an equivalent Australian worker, unless it is reasonable to disregard that information; and
- The nominating entity has not engaged in discriminatory recruitment practices.
Labour Market Testing
A nomination application requires evidence of labour market testing (LMT) having been conducted unless the international trade obligations apply. The LMT requires an employer to advertise the nominated position for 28 days before submitting a nomination application. This requirement is to ensure that the position cannot be sourced domestically.
Labour Market Testing – Requirements
the nominated position must be advertised in Australia in accordance with the requirements set out in the relevant legislative instrument (LIN18/036). These requirements are summarised below:
- The advertisements must be in English.
- One (1) advertisement must be published on Workforce Australia.
- Additional two (2) advertisements must be published in any medium that has ‘national reach’ in Australia, including:
- The advertisements must include:
- Title and description, of the position
- Full time and permanent position;
- Skills and experience required for the position;
- Name of the approved sponsor or their recruitment agency; and
- Salary for the position, unless the intended annual earnings for the nominated position are more than $96,400.
Failing to include the requisite details in the LMT advertisements would result in nomination refusal.
Crucially, an employment contract between the employer and the nominee must only be signed and dated after completion of the 28 days of labour market having been completed. Submitting an employment contract signed whilst the LMT was ongoing would result in nomination refusal.
Labour Market Testing – Exemptions (International Agreements)
Citizens and permanent residents of select countries may be nominated for a Subclass 482 TSS visa without completing LMT. These exemptions relate to obligations of the Australian government in relation to various international agreements. These obligations fall into two (2) categories:
- Free Trade Agreements (FTAs); and
- World Trade Organization (WTO) General Agreement on Trade in Services (GATS).
In practical terms this means that a nomination does not require evidence of LMT if the nominee is a:
- citizen/ national of China, Japan, Mexico, Thailand, Vietnam, United Kingdom; or
- citizen/ national/ permanent resident of Canada, Chile, Korea, New Zealand or Singapore.
Note that as at the time of writing, the China-Australia Free Trade Agreement (ChAFTA) does not cover Hong Kong, Macau or Taiwan.
If you believe that you, or your prospective employee are exempt from the LMT requirement, it is crucial you obtain comprehensive legal advice before proceeding with your nomination. Non-compliance with the LMT requirements will result in nomination refusal and significant loss of time and money.
Labour Market Testing – Exemptions – “Select Position”
LMT requirements are not applicable to nominations for so-called “select positions,” which includes positions:
- in a profession, sport, academia, research or a top-talent chef position requiring the occupant to have an internationally recognised record of exceptional or outstanding achievement in the relevant field or profession; or
- to be filled by an employee of a company operating an overseas business and is nominated by an associated entity of that company operating in Australia; or
- held by a subclass 457, 482 or 494 visa holder, where the nomination has only been submitted due to changes in the annual earnings of the position or a change in the business structure of the sponsoring entity; or
- with annual earnings equal or greater than AUD$250,000; or
- within ANZSCO Minor Group 256, other than “General Medical Practitioner” or “Medical Practitioners nes;” or
- within ANZSCO Unit Group 4111, which includes the occupations of “Ambulance Officer” and “Intensive Care Ambulance Paramedic.”
Application Charge: $330
- $1,200 per year if the annual turnover is less than $10 million
- $1,400 per year if the annual turnover is $10 million or more
TSS (Subclass 482) Visa
Australian Employer Sponsored Visa
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