TSS 482 Visa has 3 stages: There are three steps to the application process.
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Standard business sponsorship
A business must become approved as a Standard Business Sponsor in order to employ a TSS visa holder.
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Nomination
Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas applicant and various requirements to be met:
- Labour Market Testing
- Salary Level
- Training Levy
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Visa application
Last step is the visa application , at which time the nominee must demonstrate that they have the skill level for their occupation, as well as meeting health and character requirements.
There may be cases where the Nomination may be refused while the Visa is still being processed and you would want to re-lodge another Nomination application and link it to the visa. Unfortunately that is not possible:
The Department has confirmed that it is not possible to link new nominations to pending Subclass 482 visa applications.
482.212
(1) Each of the following applies:
(a) the nomination identified in the application has been approved under section 140GB of the Act;
Under the Subclass 457 visa criteria, it was possible to lodge a new nomination (if the first nomination was refused) and link the new nomination to the pending Subclass 457 visa application.
Now the Subclass 482 visa wording prevents linking a new nomination to an existing Subclass 482 visa application
If a client has a pending Subclass 482 visa application and associated nomination, and their employment is terminated, can the original nomination be withdrawn and a new nomination lodged by a different employer, with that new nomination then linked to the existing Subclass 482 visa application?
No.
A new nomination cannot be substituted into an existing Subclass 482 visa application.
If the original nomination can no longer proceed, the visa application will usually need to be withdrawn and re-lodged after the new employer’s nomination has been submitted.
In many cases, the visa application charge may be refundable where the associated nomination was not approved.
If a client currently holds a Subclass 482 visa under the Labour Agreement stream and then changes employers, with the new employer intending to nominate them under the Core Skills stream, are they required to obtain a new nomination and visa?
A new nomination will always be required when changing employers.
Whether a new visa is required depends on the circumstances.
If the worker previously relied on concessions available under a Labour Agreement, they will generally need to meet the standard Subclass 482 requirements and may need to lodge a new visa application.
Where no Labour Agreement concessions were used, it may be possible to proceed with a nomination transfer only, although individual circumstances should be carefully assessed.
If an SBS is refused can you link the associated pending nomination to a new pending/approved SBS application or does the associated pending nomination need to be withdrawn and relodged against the pending/newly approved SBS?
The new SBS can be linked to the existing pending nomination. Withdrawing the existing pending nomination and re-lodging a new nomination after the new SBS has been lodged is not necessary.
Once the case officer for the nomination application is allocated, that case officer will check if the newly approved SBS has been correctly linked to the nomination application in question. The case officer can manually link the new SBS to the existing pending nomination if required.
