Let us today talk about the most popular and widely known visa to enter and work in Australia – the 482 visa, previously known as the 457 visa.
482 visa is a temporary visa which assist employers in Australia to fill job vacancies witheligible overseas workers currently in Australia on other temporary visas or directly from overseas where suitably skilled Australian workers cannot be found in Australia.
482 visa has evolved and changed since 457 visa. The 3 step process in a 482 visa is:
To explain further:
1. To be a Sponsor, called Standard Business Sponsor, the business:
a. needs to be legally established and lawfully operating – the business can be in or outside Australia. Does
not need to be necessarily an Australian Business
b. has no adverse information
c. should not have history of contravention of Australian laws
On being granted 482 sponsorship to the business, the company can then start employing overseas skilled workers. The Department monitors sponsored businesses that they do not exploit overseas workers and the TSS 482 visa program is used to meet genuine skills shortages. The business has to meet certain obligations imposed by the Department on grant of sponsorship.
Some of the obligations to be met are:
. cooperate with workplace inspectors
. ensure equivalent terms and conditions of employment are provided to overseas workers
. pay reasonable and necessary travel costs of sponsored employees (and/or their family) upon their departure
from Australia and do not recover any costs from the visa applicants for sponsoring or recruiting them
If a TSS visa holder ceases employment, the sponsor has to notify the Department within 60 days of ceasing employment.
Sponsorship lasts for 5 years and the business can renew their sponsorship two months before their current sponsorship ends. If approved, the new sponsorship will commence from the date of grant of the renewed sponsorship.
Before I touch upon the next step, Nomination – I would briefly speak on Occupation lists which is a major component of the next step.
The Australian Skilled occupation list summarises occupations which Australia needs to fill skill shortages. In order to qualify for skilled sponsored migration to Australia, your occupation must be on this list. The Department has now bifurcated the occupationsinto three lists:
• Short term skilled occupation list, STSOL
• Medium and Long-term Strategic skills list, MLTSSL, and
• Regional Occupation list, ROL
The employer can now nominate a visa applicant under three different streams based on the occupation of the nominee.
• Under the Short term stream, the employer can nominate a visa applicant for two years or (4 years if an
International Trade Obligation) applies. These occupations are listed on the short-term skilled occupation list, STSOL.
• Under the Medium termstream, the employer can nominate a visa applicant for up 4 years. The occupation must be listed on either the medium and long termstrategic skills occupation list, MLTSSLOR the Regional occupation list, ROL.
• Labour Agreement stream – Employers who hold a labour agreement can nominate visa applicants under this stream. The visa applicant can live and work in Australia for up to 4 years depending on the terms of the labour agreement.
Nomination application is probably the hardest step in the whole process that requires nominating employers to be:
• An approved business sponsor
• nominate the applicant for an eligible occupation
• be unable to find an Australian worker
• pay the annual market salary rate
• have a genuine position available
• employ the nominee under a written employment contract
• not engage in discriminatory practice
• employment conditions must be equivalent to Australian workers
• and, must not have any adverse information
The nomination application must be lodged before the visa application is lodged.The nomination application has to be approved and valid at the time of assessment of the visa application.
The nominee must start employment within 90 days:
• they are already in Australia
• or within 90 days of entering in Australia
Please note that the businesses haverights to a merits review process of the refusal decision of sponsorship and nomination refusals.
The last and final step is the Visa application by visa applicants. After the nomination application is lodged, visa applicants will lodge the visa application.
To be eligible for a 482 visa, the main applicant needs to fulfil certain requirements:
• be nominated to work in an approved occupation
• have the relevant licensing and registration required, if apply. So, any occupation such as nurses, doctors, lawyers, plumbers, electrician etc that need registration or licensing to work in Australia, the main applicant must have required registration or license before the visa can be granted.
• genuine intention to perform the occupation
• the position is genuine
• have the necessary skills and experience to perform the occupation (min. 2 years full time work experience in the occupation or closely related occupation)
• A positive Skill assessment may also be required in certain situations
• have required English language proficiency (unless exempted) and this may be different for different occupations
• meet health requirement
• Health insurance is also mandatory during the stay in Australia
• If in Australia, substantial compliance with previous visa and subsequent Bridging visas will also be considered for the grant of this visa
• meet character requirement
• must have no outstanding debts to the Australian Government
I also generally get asked question about the processing timings for a 482 application. Please note that this changes but is currently expected to be around 1 to 2 months.
Since the introduction of the three different streams and constant changes being made to the occupation list,Australian migration has become more challenging, particularly increased requirements for TSS 482 visa such as the introduction of Genuine Temporary Entrant, GTE, SAF Levy, Non-discriminatory Workforce Test etc If you intend to migrate to Australia, it’s always advisable to have an expert opinion and seek advice from trusted professionals in the industry. At Migration Centre of Australia, we are well-trained to handle highly complex matters and have successfully helped several clients, migration agents and lawyers .