One common misconception about the Temporary Skill Shortage (TSS) 482 Visa is that an employee/applicant must ALREADY be earning at least the Temporary Skilled Migration Income Threshold (TSMIT), currently AUD $71,350 per annum excluding superannuation, before one can be eligible for a 482 Visa application.
However, this is not the case. The TSMIT only applies to the nominated position which usually will kick in once the 482 Visa is granted and the employment contract comes into effect.
No Salary Requirement for Prior Experience
There is no specific salary requirement for the work experience an applicant has accumulated prior to applying for the 482 Visa. In other words, applicants aren’t obligated to have been earning at least the TSMIT during their previous employment or work experience. What matters is that, after the visa is approved, the salary offered by the sponsoring employer must meet or exceed the TSMIT and be consistent with the market salary rate for that occupation. That said, it is expected the applicant has been paid a reasonable salary that reasonable for one’s work experience
Key Takeaway Points
- TSMIT Applies Post-Visa Approval: The requirement that the employee earns no less than the TSMIT starts after the 482 Visa has been approved. The employment contract for the nominated position must reflect this salary benchmark or higher.
- No Minimum Salary for Work Experience: There is no legal obligation regarding the employee’s prior salary or earning history for their previous jobs or experience. Only the proposed salary for the sponsored role matters in the visa application.
- Work Experience Still Required: While there’s no salary requirement for prior work experience, it is still essential that the employee meets the experience requirements for the occupation, usually a minimum of two years of relevant work experience (based on the relevant current regulations and policies).
Conclusion:
An employee is not required to have been paid at the TSMIT during their work experience before the 482 Visa. However, both the sponsoring employer and sponsored employee must ensure that once the visa is granted, the salary offered meets or exceeds the TSMIT, and the position complies with market salary conditions. Employers and prospective employees should ensure that the employment contract is aligned with these guidelines before submitting the visa application.