Migration Centre of Australia

subclass 482

  • September 22, 2020

Changes to Labour Market Testing Requirements

Certain visas require testing the local labour market in Australia before nominating an overseas worker in an eligible occupation. You must show to the Department that no suitable worker is present in Australia for a particular skill for which you are nominating an overseas skilled worker. This is called Labour market testing (LMT). LMT generally requires the employer (the approved sponsor) to advertise the position for an eligible occupation and provide evidence of the same at the stage of nomination application. Period, Manner and Evidence of Advertisements Advertisements must be done within the 4 months period immediately before lodging a nomination application. At least TWO advertisements must be published in any of the following mediums: Professional recruitment website with national reach in Australia (such as Seek, LinkedIn); or Print media with national reach in Australia (such as newspapers or magazines); or Radio with national reach in Australia; or On employer’s website if the employer is an approved accredited sponsor. Advertisements must be made in Australia in English language. Advertisements must include: Title or description of the position; Skills or experience required for the position; Name of the sponsor or the name of the recruitment agency, as the case may be; Salary for the position (exemption if the annual earnings for the nominated position are higher than AUD $96,400). Advertisements must have run for at least 4 weeks (28 days) accepting applications and/ or expressions of interest for the advertised position. Changes brought by Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 The Instrument proposed to include additional requirement of mandatorily advertising the nominated positions on the Government website, JobActive. The Instrument also specifies that it is applicable to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made after the end of the period of 28 days beginning on the day of commencement of the Instrument, i.e. 01 October 2020. Accordingly, the sponsors who are considering employing overseas skilled workers on these visa Subclasses, will have to advertise the vacancies for the nominated occupations on JobActive, in addition to at least two other advertisements. If you are seeking more information on LMT or want to speak to experienced Registered Migration Agents, call us on +61 2 4626 1002. Alternatively, you can Contact Us and one of our visa agent will get back to you shortly.
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  • September 16, 2020

Temporary Residency Extension for Hong Kong Passport Holders

Ever thought of a scheme that extends your visa duration by up to five years? Well, if you are someone from Hong Kong, you could be the lucky one! As the Australian government has decided to extend the temporary visas for students and skilled workers from Hong Kong.  Under this scheme, the current and future Hong Kong students and skilled workers will be allowed to stay on the Australian soil for up to 5 years. Existing students or skilled workers benefit from the amendment as they get an extension on their future or current temporary visa by up to 5 years. However, the ones studying or working in regional Australia will have a temporary residency for 3 years. The extension is not only limited to the primary applicant, but also provides visa extension to the family members of the primary visa holder. It is not mandatory for the family members to be a Hong Kong passport holder to benefit from the scheme. The scheme allows TSS Visa and Temporary Graduate 485 Visa holders to remain in Australia for 5 years and travel to and from Australia on multiple occasions. However, this amendment is not for an indefinite time and is only valid till 8th July 2025. Hong Kong being a business hub is an attractive potential ally with thousands of companies operating their regional headquarters in Hong Kong, making it a destination for global talent, investments and innovation. Hence, this scheme essentially aims to attract talent and business opportunities from Hong Kong to move to Australia, incentivizing both the economies to create a win-win situation. Visa application centers shut due to Covid-19 have now been opened to support the future applications and ease the process. Although the beneficial nature of the scheme for Hong Kong passport holders is crystal clear, the blurred lines about various issues such as the Skilling Australian Fund for existing or new nominees under a Subclass 482 visa, 457 visa, or 485 visa still remain in the dark. If you are someone looking for assistance, our team of Registered Migration Agents at Migration Centre of Australia is trained to assist our onshore and offshore clients. You can contact us at info@migrationcentreofaustralia.com.au or call us at (02) 4626 100 to speak to one of our Registered Migration Agents who can assist you with your case.
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Options for you to consider if your Job situation has changed

With the harrowing effects of the coronavirus pandemic, many of us have experienced that our job situation has changed. In fact, this pandemic has hit the employment sector of Australia the hardest, with thousands losing their jobs or having their hours reduced. If you were sponsored or nominated by your current employer, state or territory government or relative and your job situation has changed, outlined below are some important facts that you need to be aware of. 1. Temporary Work (Short Stay Specialist) visa (subclass 400), Temporary Work (Training and Research) visa (subclass 402), Temporary Work (International Relations) visa (subclass 403), Temporary Work (Training) visa (subclass 407) You will first need to check your Visa Entitlement Verification Online (VEVO) to see your visa details and conditions. And, if you stop working for your sponsor, you must take one of these actions within 60 days:  find another employer to sponsor you (it must first approved by the Department before you can start working for them)  be granted a different visa  leave Australia (You will have 90 days to do this if we granted your visa on or before 19 November 2016.) The Department may send you a Notice of Intent to Consider Cancellation if you have stopped work if the Department finds that you have breached your visa conditions 2. Temporary Work (Activity) visa (subclass 408) If the employer who sponsored your visa no longer has a job for you, then you must take one of these actions: find another organisation to sponsor you, and apply for a new visa find another organisation or person to support you, and apply for a new visa apply for a different visa (if you can) leave Australia within 28 days (or sooner if your visa ends before the 28 days have passed) 3. Temporary Work (Skilled) visa (subclass 457) If you are the primary visa holder, you can change jobs or do a different job while you still hold a valid 457 visa.You do not need to apply for a new subclass 457 visa. Your sponsor must lodge a new nomination and the Department must approve it before you can start working for the new sponsor or in the new role. However, if you stop working for your sponsor, you must take one of these actions within 60 days: find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them) be granted a different visa leave Australia (You will have 90 days to do this if we granted your visa on or before 19 November 2016.)If your new nomination is approved, as the 457 visa holder, you may need to keep working for your past sponsor for a short time. Australia's industrial relations law obliges you to give the right amount of notice to your employer. This will not be considered a breach of condition 8107 if you are meeting the requirements of the law. 4. Temporary Work (Skilled Recognition Graduate) visa (subclass 476) If you have a 476 visa, you do not need a sponsor. You can work for anyone anywhere in Australia. You do not need to tell us about changes to your job situation. 5. Temporary Work (Skilled Regional [Provisional]) visa (subclass 489) You will also need to check your Visa Entitlement Verification Online (VEVO) to see your visa details and conditions. You can usually only work 6 months with one employer. 6.Permanent Work (Regional Sponsor Migration Scheme) visa (subclass 187) You need to work for at least 2 years with a Regional Sponsored Migration visa. You must carry out the agreement you made when your employer nominated you for the visa. If you do not meet the agreement,your visa may be cancelled. You must always let the Department know of any changes! 7. Permanent Work (Skilled Nominated) visa (subclass 190) and Permanent Work (Skilled Regional) visa (subclass 887) Like the subclass above, you must carry out the agreement you made when your employer nominated you for the visa. If you do not meet the agreement, your visa may also be cancelled. If you don’t inform the Department online, you can print and complete Form 1022 Notification of changes in circumstances. You can scan and email, or post, your completed form to the same place that assessed your application. Check that you have signed it first. For the subclass 190 visa, if you want to move interstate, ask the person or organisation who nominated you for a 'release notice'. A release notice will let you work in another state or territory. 8. Temporary Work (Temporary Skill Shortage visa) (subclass 482) As the primary visa holder, if you want to change jobs or do a different job while you still hold a valid Temporary Skill shortage visa (subclass 482) your employer must submit a new nomination and you must apply for a new visa. Like all others, the Department must first approve the nomination and your visa must be granted before you can start working for the new sponsor or in the new role. If you stop working for your sponsor, you must take one of these actions within 60 days: find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them) be granted a different visa leave Australia If you are not the primary visa holder, you will not have condition 8607 (Must only work in the nominated occupation) on your visa. Therefore, you do not need to have a sponsor to work and so you do not need to notify the Department if you change jobs or roles. If the Department approves your new nomination and visa, as the 482 visa holder, like the subclass 457 visa. You may need to keep working for your past sponsor for a short time and this will not be seen as a breach of condition 8607. Our Registered Migration Agents at Migration Centre of Australia have been in the migration
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COVID-19 Visa Changes for Employers and Subclass 482 Visa Holders

Currently in Australia, there are around 139,000 temporary skilled visa holders. As a result of the current coronavirus pandemic, thousands of temporary skilled workers in Australia have been stood down or have had their work hours reduced. This has affected the livelihoods of many and it has put a big dent in Australia’s economy. At Migration Centre of Australia we have nailed down some answers to recurring questions we have received from 482 visa holders and even Employer sponsors with staff who are 482 visa holders. 482 Visa Holders What should I do if I have be stood down? If you have been stood down (but not unemployed), you will be able to maintain your visa validity and your employer will be able to extend your visa as per normal arrangements. I have lost my job, what are my options? If you are no longer employed due to the COVID-19 pandemic you should find another employer within 60 days or make arrangements to depart Australia, where this is possible. Can I work for another employer while I am unable to work in my current job? If you have an 8107 and 8607 visa condition on your 482 visa, this will limit you to work only for your sponsoring employer (or associated entity). If you wish to work for another employer, the new employer will need to sponsor you and have this approved before you can commence your employment. And another application would need to be lodged in order for you to continue your employment with your original employer. I can’t find another employer what should I do? Those visa holders who are unemployed due to coronavirus and who cannot find another employer to sponsor them, should make arrangements to depart Australia. What can I do if I cannot return to my home country? If you cannot return to your home country, you need to maintain a valid visa and engage with the health system when necessary. I am struggling financially due to the loss of my job, what can I do? The Government has announced that 482 visa holders will be able to access up to AU$10,000 of their superannuation this financial year. An application should be made directly with the superannuation fund provider. However, no announcements have been made regarding welfare payments for 482 visa holders. Employers Can I reduce my staff member’s work hours? The Minister for Immigration announced on 4 April 482 visa holders will be able to reduce their working hours without being in breach of their visa conditions. Can I put my staff member on “Leave Without Pay”? 482 visa holders are eligible to be placed on unpaid leave and will not be in breach of their visa conditions. This is because they will still be considered to be employed (just not receiving a salary). Can my staff member do other work within the business? 482 visa holders with visa conditions 8107 and 8607 are limited to working only in their nominated occupation. As an employee sponsor you are obligated to ensure that your staff member only works in their nominated occupation. If your staff member is found working in a different occupation, they will have their visa may be cancelled, and you as the sponsor may become subject to sanctions. Do you need assistance? Over the past weeks, we have been inundated with inquiries from 482 visa holders affected by the coronavirus crisis. It can be difficult to keep up with the visa changes implemented by the Government due to the pandemic, but at Migration Centre of Australia our team constantly monitors legislative or policy changes that can affect you to enable us to give our clients up to date migration advice. From understanding where you stand to making an application, our registered migration agents are able to guide you every step of the way. Contact us today on 02 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and let us help you.
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  • April 26, 2019

Training Benchmarks are still valid

Training Benchmarks were abolished from 12 August 2018 with the introduction of the Skilling Australia Fund (SAF) levy. However, sponsoring employers may still need to meet Training Benchmark obligations. This means that: Please note that Training Benchmarks still apply to all sc457 Sponsors who have or had sc457 visa holders working for them. The Skilling Australia Fund (SAF) Levy applies to new nominations made after 12th August 2018 only on sc482,  sc186 and sc187 visas. sc457 sponsor companies who wish to nominate workers on sc482 and sc186/ sc187 visas will need to provide evidence of having met their Training Benchmark obligations. Please also note that sc482 sponsors who had nominated workers after the implementation of sc482 but before the implementation of SAF on 12th August 2018 also will need to meet their Training Benchmark obligations.
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