482 temporary skills shortage visa – exemptions through international agreements

What is the 482 TSS visa?

This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker.

Some of the requirements of this visa can be attained through several exemptions due to international agreements that Australia is a party to.

Australia has international trade obligations arising from ten agreements, including Free Trade Agreements with China, Korea, Singapore Japan, Thailand, Malaysia, Chile and New Zealand, and the General Agreement on Trade in Services signed by World Trade Organization member countries in 1994.

Certain reciprocal concessions have been negotiated in relation to the movement of people between countries where international trade obligations exist. Some of the more useful TSS visa concessions includes:

Exemption of the requirement to undertake mandatory Labour Market Testing for all occupations, where the nominee is a national of certain countries (China, Japan or Thailand), national/permanent resident of others (Chile, Korea, NZ and Singapore), a current employee of an associated entity of the sponsor that operates in a Chile, China, Japan, South Korea, NZ or ASEAN member state, or a citizen of a WTO member country and has worked in Australia for the sponsor on a full-time basis for the last two years;
Some Executives and Senior Managers, whose occupations are on the Short Term Skilled Occupation List (STSOL) https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list and would usually be granted a 2 year visa, are eligible for 4 year visas if applying as intra-company transferees;
Exemption from caveats in relation to minimum earnings, revenue and staffing figures on certain occupations where applicant is an intra-company transfer and from a WTO member country;
Some TSS visa holders, whose occupations are on the STSOL and would usually only be able to renew their TSS visa for an additional 2 years, are eligible for longer stay (e.g. 8 years for Chinese nationals, and up to 15 years for Singaporean nationals / permanent residents who are intra-company transferees);
Genuine Temporary Entrant requirement considered met where the international obligation permits the applicant to remain for a period greater than the visa period and that period has not expired.