TEMPORARY SKILL SHORTAGE VISA

Subclass 482 visa allows skilled workers and their families to live and work in Australia for an approved business, within a time frame of two to four years, in occupations that are on the list of eligible skilled occupations being either short or long term availability.

A business will be able to sponsor someone for this visa, if they cannot find an Australian citizen or permanent resident to fill the skilled position at their workplace. Employers may be either from Australian businesses or overseas businesses.

A three-step process is involved in applying for a 482 visa– a sponsorship by an eligible business, a nomination by an eligible occupation, and a visa application (note a skills assessment may be required, we will advise if this relates to your application)

SPONSOR:

To be an approved sponsor you can either be, a standard business sponsor, or have negotiated a labour agreement with the Australian Government. In either circumstance you must show that your business lawfully operates within or outside of Australia, and that there is no adverse information held against your business, that will affect your sponsorship.

To apply to be a standard business sponsor, you must first lodge an application to become a sponsor under this visa. Please note that when applying, you can only hold one standard sponsorship at any time that is valid for five years, however, you may extend this sponsorship by lodging a variation application.

There are also additional requirements that sponsors must meet depending on where their business is located, which we will go through with you once a free consultation is scheduled.If your business operates within Australia you must provide a written statement, declaring that you will not engage in any discriminatory recruitment practices, and that you hold a strong record for employing local labour.

You are also required to meet training requirements by, either meeting the training benchmarks (if you have traded in Australia for a period of longer than 12 months), or have an auditable plan to meet the training benchmarks (if you have been trading in Australia for less than 12 months).

Please also indicate if the business has a turnover under/over 10 million per financial year

If your business is operating outside of Australia, you must demonstrate that you are seeking to employ a skilled worker to, either establish business operations within Australia, or fulfill contract obligations in Australia.

When you apply to be a standard sponsor, or vary an existing sponsorship agreement, you may find that you qualify for an accredited status. This will grant you additional benefits such as:

• An increased sponsorship period of six years
• Priority processing of all nomination and visa applications
• Streamlined processing for nomination applications where the nominated base salary is equal to or greater than either:
• The Fair Work High Income Threshold and the occupation is classified as skill level 1 or 2 in the ANZSCO; or
• $ 75,000 and the occupation is classified as skill level 1 or 2 in the ANZSCO (occupation exception apply)

Alternatively, if you are applying to be a sponsor under a negotiated labour agreement, it is necessary for you to provide evidence that; there is a genuine and systematic shortage of skilled workers, there are no suitably qualified Australian workers available, and you have a commitment to training Australian employees.

When in place, you are only considered to be an approved sponsor for the specified length of the agreement, and are only allowed to nominate skilled international workers under the terms of the agreement.

Please note that there are only certain circumstances where you may be able to enter into a labour agreement, if this is the case Results Migration will help assess whether you and your applicant, are eligible for this sponsorship option.

Subclass 482 VisaEligiblity:

In order to qualify for a 482 visa, you will need to demonstrate that you meet the following minimum eligibility requirements:

• That you have been nominated by an approved sponsor in a nominated occupation from the relevant skilled occupation lists.
• Obtained a suitable skills assessment for your nominated occupation (if required)
• That you currently hold any form of mandatory registration, license or professional membership, and are fully assessed as a suitable applicant by the relevant body
• You must have at least ‘competent’ English language ability at the time you are invited to apply (unless you are exempt from this condition)– you will need a score of at least 6 in each component of the IELTS, or equivalent score in any accepted English test.
• Meet certain health and character requirements.
• Have your own health insurance, as you will not be covered by Australia’s national health scheme (Medicare), unless your country has a reciprocal health care agreement with Australia.
• Have no outstanding debts to the Australian Government

Processing Time:

Once received, the Department of Immigration will then commence processing your application. While the average global processing time is 75% of applications in 4 months, times may vary as an assessment of eligibility occurs on a case-by-case basis, and vary on the applicant’s circumstances.It is understandable that there will be circumstances that impact the processing time of your visa applications, which may be out of your control. These include; the time for external agencies, namely health and police services, and the Government, to conduct checks and provide supporting information.

While the above circumstances are unavoidable, there are some factors which will ensure you a faster processing time. These include:

• Lodging a complete application, attached with all of the necessary supporting documents.
• Being prompt in responding to any additional information the Department requests.

Fees & Costs

The cost of the visa application is priced from $440. You will also be required to pay a nomination fee of $330 and a sponsorship fee, which will be determined by the Department. Please note this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.

If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.

Sponsorship:

To be an eligible sponsor for the Temporary Work visa, the business must be able to show it:

• Is an established and lawfully operating business;
• Meets certain Australian training and workplace requirements (if you are an Australian business only);
• Is compliant with the number of subclass 482 workers to be nominated;
• Can demonstrate that it has a genuine commitment to employing local labour, and uses non- discriminatory recruitment practices; and
• Has no relevant adverse information against the business.

Nomination:

Only an approved business sponsor may nominate a skilled international worker(see Step One). The nomination process identifies the occupation needed to be filled, by a worker, for the business in Australia. To nominate a skilled international worker for a 482 visa, the approved business sponsor must:

• Provide the name of the skilled international worker to be employed at the business;
• Provide the state in which the skilled international worker will be employed;
• Demonstrate that it meets direct employer requirements in Australia;
• Provide employment terms and conditions that meet Australian workplace standards;
• Meet the genuineness criterion set by the Department of Immigration and Border Protection;
• Meet the Temporary Skilled Migration Income Threshold; and
• Not be subject to any adverse information.

Lodge:

Prepare and then lodge your application in a timely manner. At this stage, this is where you, the skilled international worker, will need to demonstrate:

• That you are sponsored by an employer to fill a genuine position;
• That you have the relevant skills, qualifications and work experience which meets the nominated position;
• That you will be eligible for any relevant licenses or registration required for the nominated position (where necessary);
• That you possess vocational standards of the English language; and
• That you will be paid at the very least, a minimum salary which is applicable for the period between when you lodged an application, to when a decision is reached on your Temporary Skilled work visa. Furthermore, the terms and conditions of your employment must be consistent with the obligations in the Australian labour market.

In the meantime, if you are an onshore applicant you will be granted a bridging visa until your current visa expires. This will entitle you to the right to stay in Australia until the outcome of your 482 visa is decided.

Entitlements of the Temporary Work (Skilled) Visa

The Temporary Work (Skilled) visa will allow you and your eligible family members:

• • To work in Australia for a defined period
• • Four years if your occupation is listed on the Combined list of eligible skilled occupations or due to international trade obligations
• • Two years if your occupation is not listed on the MLTSSL
• • To bring your family members to work and study in Australia, and
• • Travel in and out of Australia as many times as you want, while the visa is valid

Subclass 482 Visa FAQs

Can I include my family members on my application?

The ENS allows you to add your partner and your children, stepchildren or your partner’s children or stepchildren, to your visa application. You will need to provide evidence of their relationship to you in your application and they must meet the relevant health and character requirements.

Where do I have to be when I apply for my visa?

You can either be in or outside of Australia when you apply for a 186 visa. If you are in Australia however, you must hold a substantive or bridging visa.

Can I switch my 482 visa to a 190 visa?

Yes, it is possible to change your 482 visa to a 190 visa. Having worked in Australia, you will receive additional points towards your skill assessment. However, additional criteria may apply and a 190 visa is not available to all 482 visa holders.

What are your obligations under this visa?

You and your family members included on your application must comply with all of the visa conditions and Australian laws. If your child is born in Australia while you hold a 482 visa you must notify the Department in writing as they will then need to hold a 482 visa as well.

Can I renew my visa once it is due to expire?

Yes. For visas granted to occupations on the STSOL, a visa holder can re-apply for one further two year TSS visa. For those with occupations on the MLTSSL, the visa holder can renew the TSS visa for a further 4 years, or transition to permanent residency.

What occupations are eligible for a 482 visa?

Under a 482 visa you may apply for an occupation in either the Medium and Long-term Strategic Skills List (MLTSSL) or the Short-term Skilled Occupation List (STSOL). The table below shows the Combined list of eligible skilled occupations and specifies whether the relevant occupation is included on MLTSSL or STSOL.

Applicants for a subclass 482 visa should be aware that the maximum visa period available to you if your occupation is on the STSOL is two years unless a longer period is required to meet international trade obligations, and four years is the maximum period available if your occupation is on the MLTSSL.