482 Visa Application
The Temporary Skills Shortage subclass 482 visa allows skilled workers to come to Australia and work for an approved business for up to:
- Two years after it is granted – if your occupation is listed on the Short Term Skills Occupation List (STSOL);
- Four years after it is granted – if your occupation is listed on the Medium Long Term Skills Shortage List (MLTSSL).
Prospective nominees (workers) must be sponsored by an approved business. A business may be able to sponsor someone for this visa if they provide evidence they cannot find an Australian citizen or permanent resident to do the skilled work required.
There are three streams to the subclass 482 visa - the Short Term, Long Term and Labour Agreement streams. The Department recently released a pilot program under the labour agreement stream, called the 'Global Tallent Scheme' or GTS. The GTS also has two pathways or streams: the Startup and existing business streams.
The labour agreement streams, including the new GTS are very complicated. Criteria under these streams include providing evidence no other migration scheme is available to the employer. Please have your employer contact us directly for more information on the labour agreement or GTS visas.
There are three stages to successfully apply for a subclass 482 visa in the short or medium term stream. These include:
- Employer - Must hold or have applied for business sponsor status;
- Employer - Must hold or have applied for a nomination relevant to a position on the 2 or 4 year occupation list;
- Applicant - Must apply for a subclass 482 visa in the relevant stream within six months of the employer nomination being granted.
All of the above applications may be lodged together, however if one fails, applicants may not recover payments already made for other applications or professional fees.
To apply for a two or four year subclass 482 visa, the nominated worker must:
- Have the relevant skills and experience set out by the Department and ANZSCO listing for the position nominated by the employer;
- Hold or have applied for a skills assessment for the relevant nominated occupation if required by the Department;
- Hold (or be eligible to hold) required licensing or registration for the position nominated by the employer;
- Hold (or have applied for) health insurance cover for the period of intended stay on the subclass 482 visa;
- Be of good health and character - this applies to all persons included on the application;
- Have the required level of English - unless otherwise exempt;
- Have a nomination approved for the relevant occupation.
Subclass 482 visa applicants must have the level of skills and experience set out by the Department (at least 2 years) and in the Australian New Zealand Standard Classifications of Occupations (ANZSCO) Listing for the nominated occupation. The Department will consider the ‘Indicative Skill Level’ specified in the ANZSCO, and require the skills and experience to be relevant to the nominated occupation.
- If you have the minimum formal qualification to undertake the occupation as per ANZSCO, you must also have two years work experience after obtaining the qualification;
- If you are relying on experience in place of a qualification, such as where ANZSCO recognises five years work experience as an alternative to a formal qualification, the Department will generally accept the 5 years experience. That is, Department policy says they should not require you to have another two years work experience in addition to the ANZSCO requirement;
- If ANZSCO suggests that an architect should hold a bachelor's degree or higher qualification and a visa applicant, who is nominated as an architect, provides evidence of holding a Bachelor of Laws, the Department would not grant the visa without obtaining further evidence of relevant qualifications;
- If ANZSCO suggests that a Marketing Specialist should also hold a bachelor's degree or higher qualification and a visa applicant, who is nominated as a marketing specialist, provides evidence of holding a bachelor's degree in advertising, this degree would be relevant and the Department could be satisfied that the applicant had the requisite skills.
If the Department requires a skills assessment, applicants must have started this process at time of application. If on the manditory list we strongly recommend applicants hold a completed positive skills assessment at time of application, as a failure to later meet any time of application criteria will result in the application being refused with no appeal rights.
Some occupations are listed as requiring a skills assessment at time of application otherwise - the Mandatory Skills Assessment List.
Unless exempt, applicants for a subclass 482 visa must undertake an English language test. The required score depends on the two or four year stream being applied for and as it applies to the primary or secondary applicants. Generally, secondary applicants will be required to prove 'functional' English during processing.
2 year test scores
Test scores for primary applicants in the two year stream (those with occupations on the STSOL):
4 year test scores
Test scores for primary applicants in the four year stream (those with occupations on the MLTSSL):
There are separate occupation lists depending on if you are applying for a two or four year 482 visa. That is, if your occupation is on the Short Term Skilled Occupation List (STSOL) your employer may only apply for a two year 482 visa, but if your occupation is on the Medium Long Term Strategic Skills List (MLTSSL), your employer may apply for any period of time up to four years.
Importantly, you may only apply for a permenant subclass 186 Transitional (TRT) visa if you have completed at least three of the past four years on a 482 visa in the 4 year stream. U Migrate Australia advises employers to select the 4 year period to be sure you have at least 3 years accrued at time of 186 TRT application.
Like most visas, you can include members of your family unit on your application, if you can provide evidence of their relationship to you. This includes if they are your spouse, de facto, child or dependent (children/parents who live with you and are financially dependent).
To prove this relationship you will need to provide evidence, such as birth certificates, passports and details of the nature of their relationship to you. In some cases you may need to register your de facto relationship or provide statements from family regarding the extent and length of your relationship. You may need to provide financials and evidence supporting you are in a committed relationship to the exclusion of all others.
Please contact U Migrate Australia if your family member(s) will not be (or are not) included in the application.
There are many risks associated with the 482 program, including if your employer complies with their obligations and if you will get the chance to transition to PR later. Being tied to 1 employer for 3 years puts you in a difficult position, but U Migrate Australia can assist. We can manage your application, inform your employer of their obligations and manage your risk to a more acceptable level.
This includes risks associated with:
- Prolonged Processing;
- Employer Obligations;
- Application Refusal;
- Adverse Information;
- Department scrutiny;
- Incorrect strategy;
- Criminal Sanctions;
- increased expense.