Temporary Work Skilled Visa – Subclass 482
The 482 visa is beneficial to Australian employers who want to hire skilled workers from overseas. These companies get to sponsor the skilled workers and a successful visa grant in this case depends on the ability of the employer when it comes to sponsorship. Employers apply as a Standard Business Sponsor and there is a limitation to the number of employees that can be sponsored. The occupation of the applicant has to be stated in the skill list for a grant of this visa. 482 visa allows such employee to live and work in Australia for a period of either two or up to four years and family members of such employee may also be allowed in Australia to work or study alongside.
Though TSS (S) 482 visa is valid for 2 years limited number of extensions are possible. For holders of TSS (M) 482 visa it is possible to get permanent residency, the usual pathway is via subclass 186 or 187.
Applying for a 482 visa has requirements to be fulfilled which include:
Standard Business Sponsorship (SBS)
In any case where employers do not find suitable natives to fill in vacancies in their workplace, they may consider hiring the services of oversea workers and in this case many employers apply for the 482 visa as a Standard Business Sponsor. With this visa, Australian companies are permitted to sponsor and employ qualified skilled overseas workers.
In most cases, only skilled positions nominated by the Government may be filled as the 482 scheme does not work for just any vacancy. Eligible positions can be found on the MLTSSL, STSL or RMSOL skilled list. This list is issued by the dept and amended from time to time depending upon market conditions and policy.
Criteria needed by an employer to apply for a 482 visa scheme include:
- They must apply to become a ‘Standard Business Sponsor’ (SBS).
- They must be either a newly formed business or trading as an established entity.
- The business must be legally trading with a favorable record.
- They must meet the specified SAF requirements.
- They must have business trading for less than 12 months with auditable plans.
- Sole trader, Trust, Partnership, Company, Franchise are eligible to apply.
- Commitment to employ local labor – non discriminatory practices.
- Application must be made in accordance with Migration Law and Regulations.
If an employer who has been in business for quite a while successfully obtains a Standard business sponsorship, it will be valid for 5 years. For a business that has only been established in less than 12 months, the sponsorship will be valid for up to 18 months. The variation in approval period depends on prevailing policy at time of application.
Employer Nomination – Subclass 482
Once an employer receives the approval as Standard Business Sponsor in the 482 visa scheme, he should nominate the applicant and the position he wishes to fill.
Criteria to be fulfilled by an employer when it comes to nomination include:
- Provision of means of identifying the proposed visa applicant (employee)
- nominated occupation must appear on MLTSSL, STSOL or RMSOL Lists
- providing an evidence of base rate of pay included in employment terms & conditions
- ensuring that the position associated with nominated occupation is genuine
- evidence of LMT – Labor Market Testing
- The nominated position must relate to a “genuine” position required to address a skills shortage in Australia. For some positions, the business may also need to provide evidence of “Labor Market Testing”, by demonstrating attempts to advertise the position locally and recruit Australian citizens/permanent residents for the role.
Most nominated occupations like hospitality related services and retail services will be properly checked to ensure the positions are genuine though exemptions may apply to certain criteria for instance, market salary. For these positions the application and documents should be prepared carefully.
An approved nomination will be valid for a period of 12 months and will cease when the 482 visa is granted. A nomination is required to be used for only one applicant/employee any change in applicant/employee requires a new nomination.
Visa Application – Subclass 482
The last step in the 482 visa scheme is the visa application which is done once nomination is granted. The nominated employee may now have their visa application considered by DIPB. For a visa grant, applicants must show they possess the required skills, qualification and experience required of them.
Requirements for a visa application include:
- Approval of Nomination
- Applicants must possess good English skills or Exempt
- Some occupations may require applicants to provide a license or registration
- Skills assessment required for certain nominated positions
- Health & character requirements must be met
- An outstanding debts to Commonwealth Government debars visa application
It is important that applicants prove that they have the required skills and relevant experience to fill the vacancies though a formal qualification is not always required. In most cases, applicants/nominated employee may be in or outside Australia when the application is lodged
When it comes to Family members, they may be included in the visa application or a new application can be made at a later date. Once the visa is granted, the employee is allowed to only work for the sponsoring employer, though employers may be changed if need be and after two years of working for the employer, the visa holder may become eligible for permanent residency which will also require employer sponsorship.