The 482 visa replaces the old 457 visa program. Our experienced Migration Agent will conduct a thorough assessment and guide you through the entire application process. The below is a very basic overview of the program. Applications can become complicated with regards to the work experience, skills, English language and different occupation lists, labour marketing testing and caveats.
There are three stages in sponsoring an overseas worker under the 482 visa program:
1. Sponsorship: The employer applies for approval as a standard business sponsor.
2. Nomination: The employer nominates an occupation for a prospective 482 visa applicant or existing 482 visa holder.
3. Visa application: The person nominated to work in the nominated occupation applies for a 482 visa.
Existing 482 visa holders do not need to make a new visa application in order to change employer, unless their current visa is due to cease or they will be working in a different nominated occupation. 482 visa holders cannot start work for their new employer before a new nomination is approved (unless they are in a specified occupation). If an existing 482 visa holder wishes to change their occupation, they must have not only a new nomination in place, but also be granted a 482 visa, before they can start work in a new occupation.
482 visa
The TSS is designed to enable employers to address labour shortages. It facilitates targeted use of overseas workers to address temporary skill shortages. There are three streams available under this visa program:
482 Short-term stream
This stream is for employers to source genuinely temporary overseas skilled workers to fill short-term positions in a range of occupations for a maximum of two years (or four years if an international trade obligation [ITO] applies);
482 Medium-term stream
The 482 medium term stream is for employers to source highly skilled overseas workers to fill medium-term critical skills for up to four years, with eligibility to apply for permanent residence after three years; or
Labour Agreement stream
The labour agreement stream is the temporary visa product utilised where an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers, where there is a demonstrated need that cannot be met in the Australian labour market and the standard 482 visa program is not available.
While their visa remains in effect, 482 visa holders:
• can work in Australia for their approved sponsor in their approved occupation;
• can bring any eligible dependants with them to Australia — dependants can work and study; and
• have no limit on the number of times they can travel in and out of Australia while the visa is valid.
Overseas workers may be eligible for this visa if they:
• have been nominated for a position by an approved sponsor and that nomination has been approved
• meet any required skills and qualifications requirements including completing any skills assessments required
• meet English language requirements
• if in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa
• have substantially complied with any conditions that apply or applied to their last visa
• meet health and character requirements
• meet the requirements of the stream in which they apply.
Additional eligibility
Short-term stream
• have worked in their nominated occupation, or a related field, for at least two years
• are a genuine applicant for entry and stay as a short term visa holder (known as a ‘Genuine Temporary Entrant’ (GTE))
• will be working directly for their sponsor or for an associated entity of their sponsor, unless the nominated occupation is exempt from this requirement
Medium-term stream
• have worked in their nominated occupation, or a related field, for at least two years
• will be working directly for their sponsor or for an associated entity of their sponsor, unless the nominated occupation is exempt from this requirement
Location
An applicant can generally be in or outside Australia when they apply. However, they cannot apply for another Short-term stream in Australia as the primary visa applicant if all of the below apply:
• they have held more than one Short-term stream TSS visa
• they were in Australia when the application for your most recent TSS visa was made
• or this requirement would not be inconsistent with an International Trade Obligation.
If they are in Australia, they must hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa.
