Step 1 – Standard Business Sponsorship

A business must be approved as a Standard Business Sponsor to employ a TSS Visa holder. To obtain a StandardBusiness Sponsorship agreement, the business must demonstrate lawful and active operation in Australia.

Path Migration will ensure that you fulfil your duties as a Business Sponsor to the Department of Home Affairs:
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All sponsors of Subclass 457/482Visa holders are subject to sponsorship requirements. These regulations are in place to protect skilled workers abroad from abuse and to ensure that the Subclass 482 and 457 Visa programmes are only utilised to fill actual skills shortages rather than to compete with local labour rates and conditions.
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Some requirements continue after the sponsorship approval period has ended.

Sponsors are required to:

• Guarantee equitable pay and working conditions for all employees.
• Actively engage with inspectors.
• Ensure that they are consistently updated with changing laws and have well-maintained records.
• Provide records and information to the Minister.
• Alert us of any events that occur.
• Ensure that the visa holder participates in the designated occupation, programme or activity.
• Be vigilant in ensuring that certain costs are not recovered from, transferred to or charged to another party of unlawful citizens.
• Train Australians and PermanentResidents.
• Avoiding any and all discriminatory practices.

The documents required to demonstrate the lawful and active operation of a business in Australia include:

• Registration of the business namewith ASIC
• Business Activity Statements (BAS)
• Annual Financial Statements
• Commitment to training Australian Citizens and Permanent Residents

Step 2 – Nomination of an Occupation

Once the SBS application is lodged, an employer must nominate an occupation to sponsor.
Employers must nominate a position from 1 of 3 streams.

1. Short-Term Stream

• The visa is valid for 1 to 2 years and can be extended once the employee is onshore.
• To sponsor an employee on the 482 Visa under this stream, the occupation must be on the Short-Term SkilledOccupation List.
• The visa holder must show they are genuine temporary entrants

2. Medium-Term Steam

• The visa is valid for up to 4 years.
• The occupation must be on the Medium and Long-Term Strategic Skills List.
• The visa can be extended several times and the employee can transition to permanent residency.

Training Levy is payable at the time of a nomination application. The introduction of the TSS Visa requires the sponsor to pay a training levy to the Skilling Australians Fund (SAF) at the nomination stage.

The 482 Visa training levy calculation is based on the turnover of the sponsor as explained below:

• A small business (turnover less than AUD $10m) will pay AUD $1,200 per nomination per year for a TSS visa.
• A large business (turnover of more than AUD $10m) will payAUD $1,800 per nomination per year.

The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full.

Example of TSS Training Levy Calculation:

If the sponsor wishes to employ an employee on the 482 Visa for a 3-year period, this would require the payment during the  nomination lodgment:

• TSS training levy payment of AUD$3,600 for a small business (turnover less than AUD $10m)
• TSS training levy payment of AUD $5,400 for a large business(turnover of more than AUD $10m)

To nominate an overseas candidate for a 482 Work Visa, a business must prove that they have tried looking for local (Australian) candidates but could not find an eligible candidate.

To do so, they need to submit the following evidence:

• 3 advertisements for the position in the local newspaper/an online job portal
• The advertisements must be placed within the last 4 months
• The advertisements must have run for at least 28 days
• One of the advertisements must be on the Workforce Australia website

Salary requirements

The salary for the nominated position must meet 2 key requirements:

1. Minimum salary requirement for the TSS Visa: The basic salary must be at least AUD $53,900 plus superannuation; this is the Temporary Skilled Migration Threshold (TSMIT). 
2. The salary must be within the market salary range for the occupation. For example, the basic salary in the IT industry is usually higher than the TSMIT. The market salary requirement applies to the visas because this ensures that the applicant is paid in line withAustralian employees.

The documents required for the nomination stage include:

• A signed employment contract confirming the duties and salary of the applicant
• Evidence of labour market testing, including an invoice for advertising
• Payment of the industry training fund
• Market salary reports that confirm the applicant’s salary is equivalent to the market salary.

Step 3 – Visa Application

Step 3 of the process is the visa application itself. At this point, the applicant must demonstrate that they meet the requisite skill level for their occupation, English proficiency requirements, along with health and character requirements.

The documents required for the visa application include:

• Passport details of the applicant and any eligible family members
• Resume of the applicant
• Salary proof of the applicant including payslips, bank statements and tax returns
• Education qualification of the applicant
• Work reference letters
• Character/police certificate

English Proficiency Requirements for Subclass 482 Short-Term Visa:

There are several English language proficiency exams you may take.

To qualify for a Short-Term TSS Visa Stream, you will need to obtain the following results:

• Occupational English Test (OET): A minimum grade of"B" across all four categories.
• International English Language Testing System (IELTS): A minimum of 4.5 for each of the four components and an average score of 5.
• Pearson Test of English Academic (PTE Academic): A minimum of 30 for each of the four components and an average score of 36.
• Cambridge C1 Advanced Test (CAE Advanced): A minimum overall test score of 154 with a minimum of 147 in each band.
• Test of English as a Foreign Language Internet-BasedTest(TOEFL IBT) total score of 35 with at least: 3 for Listening, 3 forReading, 12 for Writing and 12 for Speaking.

English Requirements for Subclass 482 Media and Long-Term Visa:

There are several English language proficiency exams you may take.

To qualify for a Medium or Long-Term TSS Visa Stream, you will need to obtain the following results:

• Occupational English Test (OET): A minimum grade of"B" across all four categories.
• International English Language Testing System (IELTS): A minimum of 5.0 for each of the four components.
• Pearson Test of English Academic (PTE Academic): A minimum of 36 for each of the four components.
• Cambridge C1 Advanced Test (CAE Advanced): A minimum overall test score of 154.
• Testof English as a Foreign Language Internet-Based Test(TOEFL IBT) with an overall score of 35, at least 4 scored in each component

Certain occupations may require skills assessment and registration with an Australian Government body before the visa can be lodged.

TSS Visa to PR:

Those with TSS Visas who have worked in Australia for 3 years with the same employer can be qualified to apply for permanent residency under the Transitional Stream.Your occupation must be listed on the medium-long-term occupation list to be eligible to move from TSS to permanent residency.TSS Visa holders will submit their applications through either the Employer Nominated Scheme (ENS) or the RegionalEmployer Sponsored Scheme, depending on where they are located in the RegionalSponsored Migration Scheme (RSMS) categories.
Employers who wish to sponsor applicants for permanent residence through the Temporary Residence Transition stream must submit a legitimate nomination to the Department of Home Affairs. This has several advantages and is one of the most popular routes to citizenship.