As of 7 December 2024, the Temporary Skill Shortage (subclass 482) Visa – commonly known as the TSS Visa – has been officially replaced by the new Skills in Demand (SID) Visa (subclass 482) .
If you are a new applicant, you will now apply under the Specialist Skills, Core Skills, or Essential Skills streams.
However, if you already hold a TSS visa or lodged an application before 7 December 2024, the rules below still apply to you. This page serves as a guide for legacy applicants and current visa holders navigating the transition.
What is the TSS 482 Visa (Legacy Program)?
The TSS 482 Visa was designed to enable employers to address labour shortages by hiring skilled workers from overseas when they could not find an appropriately skilled Australian citizen or permanent resident.
Key Features of the Old Program:
- Three Streams: Short-Term, Medium-Term, and Labour Agreement.
- Sponsorship Required: A business needed to be a Standard Business Sponsor (SBS).
- Pathway to PR: Available for Medium-Term stream holders and, later, Short-Term holders via concessions.
Am I on the Old Visa or the New Visa?
- If you applied BEFORE 7 December 2024: Your application will be processed under the old TSS 482 rules (detailed below).
- If you applied ON or AFTER 7 December 2024: You are under the new Skills in Demand (SID) rules.
- If you hold an existing TSS visa: Your visa remains valid until its original expiry date. You are not required to switch to the new visa.
The Three-Step Process (Legacy TSS)
The TSS 482 visa was notorious for its three-stage application process. This structure remains similar under the new SID visa, but the requirements have changed.
Step 1: Sponsorship Application
The employer applies to become a sponsor. They must be a lawfully operating business and meet local employment practices.
Step 2: Nomination Application
The employer nominates the specific position. They must prove:
- The salary meets the Temporary Skilled Migration Income Threshold (TSMIT).
- They have tested the local labour market (Labour Market Testing).
- The position is genuine.
Step 3: Visa Application
The employee applies for the visa, proving they have the skills, health insurance, and meet character requirements.
Legacy Streams: Short-Term vs. Medium-Term vs. ROL
If you applied before 7 December 2024, your eligibility depends on which occupation list your role was on.
| Feature | Medium-Term Stream (MLTSSL) | Short-Term Stream (STSOL) | Regional Stream (ROL) |
|---|---|---|---|
| Occupation List | Medium and Long-term Strategic Skills List | Short-term Skilled Occupation List | Regional Occupation List |
| Visa Duration | Up to 4 years | Up to 2 years (sometimes 4 under ITO) | Up to 4 years |
| English Requirement | IELTS 5.0 (min 5.0 in each) | IELTS 5.0 (min 4.5 in each) | IELTS 5.0 (min 5.0 in each) |
| PR Pathway | Yes (via 186 TRT after 2-3 years) | Yes (Concessions introduced Nov 2023) | Yes (via 494 or 186) |
| Onshore Renewal | Unlimited | Limited (Usually 2+2 max) | Unlimited |
Important Note on Short-Term PR: From 25 November 2023, the Government extended PR pathways to Short-Term stream holders. If you hold a Short-Term TSS visa, you may still be eligible for the Subclass 186 visa under the Temporary Residence Transition stream, provided you meet the 2-year work requirement.
Key Requirements (Legacy Applicants)
If you applied before 7 December 2024, you must meet these criteria:
1. Work Experience (Reduced Requirement)
- Old Rule: 2 years of relevant work experience.
- New Rule (applies to applications from 23 November 2024 onwards): The Government reduced the requirement to 1 year.
- Note: If you applied after 23 November but before 7 December, you benefit from the 1-year rule.
2. English Language
- Medium-Term: IELTS 5.0 (minimum 5.0 in each component).
- Short-Term: IELTS 5.0 (minimum 4.5 in each component).
- Exemptions: Passport holders from the UK, USA, Canada, New Zealand, or Ireland are exempt.
3. Condition 8607
This condition applies to all TSS holders. It dictates that you must:
- Work only in your nominated occupation.
- Work only for your sponsoring employer.
- Not cease employment for more than 60 consecutive days (Note: The new SID visa offers 180 days; legacy holders should check their specific visa conditions).
Employer Obligations (Legacy)
If you sponsored a worker under the old TSS program, you must still adhere to the original obligations for the duration of their visa:
- Skilling Australians Fund (SAF) Levy:
- Turnover < $10M: $1,200 per year per employee.
- Turnover ≥ $10M: $1,800 per year per employee.
- Labour Market Testing (LMT): You must have demonstrated that you advertised the role and could not find a suitable Australian worker before nominating the overseas worker.
- TSMIT: The salary must be at least $73,150 (as of 1 July 2023) plus superannuation, and meet the Australian Market Salary Rate (AMSR).
Transitioning from the TSS to the New SID Visa
If you currently hold a TSS visa but wish to change employers or occupations, you may need to apply for the new Skills in Demand visa.
Scenario A: Changing Employers
- You do not automatically get the new SID benefits (like 180 days to find a sponsor) unless you apply for a new SID visa.
- If you stay on your old TSS visa, your existing conditions (e.g., 60 days to find a new sponsor) still apply.
Scenario B: Pathway to PR
- Time spent on a TSS visa does count towards the 2-year work requirement for the Subclass 186 (TRT) visa.
- If you have been on a TSS visa for 2 years, you can still transition to PR under the 186 visa program, provided your employer nominates you.
Grandfathering and Concessions
The Department of Home Affairs has implemented several concessions over the years to help TSS holders transition:
- Age Exemptions: Certain TSS holders grandfathered from the old 457 visa may be exempt from the age requirement for PR.
- Short-Term PR Access: As mentioned above, Short-Term stream holders are now eligible for PR, a right they did not originally have.
- COVID Concessions: If you were impacted by travel bans, you may have had your visa extended or been granted time off without affecting your PR pathway.
Summary: TSS (Legacy) vs. SID (New)
| Feature | TSS 482 (Legacy – Pre 7 Dec 2024) | SID 482 (New – Post 7 Dec 2024) |
|---|---|---|
| Streams | Short-Term, Medium-Term, Labour Agreement | Specialist Skills, Core Skills, Essential Skills |
| Work Experience | 2 years (reduced to 1 year just before cutoff) | 1 year |
| Time to Find Sponsor | 60 days | 180 days |
| Occupation List | STSOL, MLTSSL, ROL | CSOL (Single list of 456 occupations) |
Need Help Navigating the Transition?
If you hold a TSS visa and are unsure how the new changes affect your pathway to Permanent Residency, or if you need to apply for a new nomination, it is vital to seek professional advice.
