TSS 482 visa -Direct employer or associated entity
- The visa holder, in the course of working for their direct employer, may be expected to perform activities that require them to work on the premises of, or use the tools of, another business to complete their work. Physically working at the premises of an unrelated business is not itself indicative of the absence of a direct employer-employee relationship.
- It would, for example, remain within the scope of the standard 482 TSS visa program, if an accounting firm (the sponsor) contracted to perform an external audit of another unrelated company’s account has one of their 482 TSS visa holders work onsite with the unrelated company for a short period – as long as they retain control over all of the staff member’s actions and work tasks and could recall the staff member to continue their work in the accounting firm’s own premises at any time.
- But if the sponsor shares, with another business, control of some or all of the aspects of a direct employer-employee relationship, they would be considered to be supplying labour to an unrelated business and would not be able to satisfy 482 TSS visa requirements.
- It would, for example, not be within the scope of the standard 482 TSS visa program for an on-hire business to place a 482 TSS visa holder in another company’s business to fill a short term vacancy – this is because the on-hire company would still be the visa holder’s employer and pay them, but they would work to the standard set out by the receiving company on tasks assigned by that company.
- A large multinational ICT company engages in a diverse range of ICT-related business activities from the provision of ICT services to other large companies by a large number of staff (including 482 TSS visa holders) to the provision of individuals with specialist skills as requested to work in client companies. At the former end of the scale the business is clearly directly employing these workers, while at the latter end of the scale the business is clearly supplying labour to unrelated companies.
- Tasks of the position and nominated occupation
- Recruiting for Healthcare Positions Overseas
- Work Visas
- TSS 482 visa – Adverse Information
- TSS 482 visa – Direct employer or associated entity
- ‘Legacy 457 Worker’ Age Limit Exemption for 186 Permanent Visa
- 482 TSS visa self sponsorship
- TSS 482 Visa and Start-Ups
- Assessing genuineness – 482 TSS visa
- Are part-time positions acceptable for the 482 TSS visa?