Do you understand the visa conditions listed on your Temporary Skill Shortage (TSS) 482 visa? No? Not to worry! This article has been prepared to ensure you understand your obligations under this visa subclass. It’s important to mention, if you breach any of your visa conditions, your TSS visa may be cancelled and affect future Australian visa applications, including permanent residence.
Health insurance
As part of your visa grant, you will be financially responsible for any health debts you incur in Australia. You and any included dependent family members will therefore need to hold the appropriate level of health insurance to mitigate your financial risks.
Are there any exceptions to this rule? If you are eligible and have successfully applied for Medicare coverage, you won’t need to hold health insurance. However, it’s important to understand the pros and cons for obtaining private health insurance versus Medicare. Note that Medicare coverage is only available to nationals from Belgium, Finland, Italy, Malta, Netherlands, New Zealand, Norway, Ireland, Slovenia, Sweden and the United Kingdom.
To compare the benefits and for further information regarding the level of coverage needed for private health insurance & Medicare, please refer to the following weblinks:
Nominated occupation work requirements
You are only allowed to work for your sponsoring employer or an associated entity in the approved nominated occupation. It is therefore important to review the occupation which is listed on your visa approval letter under the title “Position details – Nominated occupation”. If your sponsoring company is looking to change your role or if you are going to be promoted, you will need to check with your Migration Agent/Lawyer to ensure it doesn’t breach any rules. Promotions are generally allowed if the tasks remain same. The Migration Agent/Lawyer is able to check whether the change in role will affect your eligibility for Australian permanent residence at a later date.
Where the change of duties is only temporary and will not exceed 60 consecutive days, the Department may allow the arrangement, however it’s always advisable to check with your assigned Migration Agent/Lawyer.
Is unpaid leave allowed?
TSS visa holders on unpaid leave (e.g. study or sabbatical leave; holiday leave without pay; sick leave without pay; maternity or paternity leave; parental/carer/personal leave) are not considered to be in breach of their visa condition solely on the basis of this unpaid leave. This is because the TSS visa holders may be considered to continue to be in the employment of the sponsor (although not working or receiving a salary). Under migration policy, this period should not, however, generally exceed 3 months unless:
- the sponsor is obliged to provide the leave under Australian workplace laws (e.g. in connection with maternity leave); or
- exceptional circumstances apply (e.g. family illness). Your Migration Agent/Lawyer would need to consult with the relevant section at the Department to assess whether your particular circumstances would be accepted.
It’s also important to understand, if you are employed under a Company Specific or On-Hire Labour Agreement, you will need to review the specific terms which was agreed with the Department in relation to unpaid leave provisions.
Are you allowed to work overseas?
In certain circumstances, a TSS visa applicant may be able to undertake work outside of Australia where it is considered in the usual course of their business and the applicant remains an employee of the Australian firm. For instance, in mining jobs, it is common practice to have fly in / fly out arrangements. However, if there are significant periods of employment spent overseas, the Department may have concerns that the position being nominated is not a genuine position as the applicant may not be primarily working in the nominated position and could cancel your visa.
What happens if you or your employer wants to end employment?
Subclass 482 visa holders can now cease employment with their approved sponsor (cessation period) for up to 180 consecutive days without breaching their visa conditions; or a total period of no more than 365 days over the life of the visa.
During the ‘cessation period’, visa holders can work for any employer in any occupation, even if that occupation is not listed as eligible under Australia’s sponsored visa program.
Can I undertake a second job or volunteer work whilst working on my 482 visa?
In general, the primary TSS visa holder is not allowed to undertake a second job, however there are certain occupations which are exempted from this rule such as General Medical Practitioners or CEOs/General Managers.
In terms of voluntary unpaid work, this may be approved on a case-by-case basis. The work would usually need to be undertaken with a charity or not-for-profit based organisation.
Work related conditions
It’s important to understand the following key deadlines:
- If you are in Australia, you must commence work within 90 days of your visa being granted.
- If you are overseas, you must commence work within 90 days from when you first arrive in Australia. There is no particular requirement for the visa holder to arrive in Australia within a specific time frame, other than before their visa expires. However, where the arrival of a visa holder is significantly delayed, they and their sponsor should be counselled in regard to the continued need for the TSS visa and whether it is the appropriate visa for their circumstances.
- You must not cease employment for more than 60 consecutive days.
- If required, you must hold any important work-related licenses, registrations and memberships.
Still Have Questions?
If you have any questions in relation to any of the rules and visa conditions of the TSS 482 visa, please contact us at [email protected] or give us a call at 02 9407 8700.
