SKILLS IN DEMAND VISA (SUBCLASS 482) | immigration lawyers in melbourne

Skills in Demand (Subclass 482)

 

A Skills In Demand (subclass 482) visa is a work visa you can apply for only if you have an employer sponsor that has nominated you for the visa. Your sponsor must provide evidence of having a genuine need to fill the position with an overseas worker.

Skills In Demand (SID) (subclass 482) Visa Streams

Specialist Skills Stream – For applicants earning $135,000 or more (excluding trade, machinery, and labourer roles). Streamlined processing for highly skilled migrants to access Australia’s economy quickly.

Core Skills Stream – For applicants with an income threshold of $73,150 (aligns with TSMIT for TSS visa). Certain occupations not eligible for this stream but may qualify for the Specialist Skills or Labour Agreement streams.

* Note: Existing TSS visa holders must meet income or occupation requirements to change employers.

Labour Agreement Stream – You can apply for the labour agreement stream if your sponsor is a part of the labour agreements. The labour agreements represent an accord between Australian employers and the Australian government that allows businesses to bring workers to Australia according to the specific labour agreements.

 

English Requirements for a Temporary Skill Shortage Visa

For your subclass 482 visa, you must provide evidence that you meet at least the minimum requirements of English Language Proficiency.

You must also prove you have reached the required scores within one attempt of the test and that the test was taken at least three years prior to applying for the visa.

You are exempt from the language requirement if:

• You hold a passport from the United Kingdom, the US, Canada, New Zealand, and the Republic of Ireland.

• You have finished at least 5 years of full-time study in a secondary school where classes were held in English (you must provide details of the institution).

 

Eligibility Criteria for a Skills In Demand subclass 482 visa

The eligibility criteria for a 482visa can be complex and principally consist of the following:

• You are nominated for a job position by an eligible employer.

• You are employed in your nominated profession and worked for your nominator.

• You have full-time paid experience in nominated occupation for at least one year in the last five years before applying for a 482 visa.

• You must have a substantive visa or a bridging visa A, B or C (if you apply from Australia).

For a labour agreement stream:

Your occupation must be included in the labour agreements between the Government of Australia and your sponsor. Your sponsor must be a part of the labour agreements.

 

Application Process for a 482 Visa

Apply for a visa 482 by following these instructions:

  1. Your sponsor applies for sponsorship.
  2. Your sponsor is approved.
  3. Your sponsor nominates you for the visa.
  4. Your sponsor pays the levy fund.
  5. You apply for the visa.
  1. Your Sponsor Applies for Sponsorship

Before you can apply for a 482 visa your sponsor must apply to become a standard sponsor- if they aren’t already one. Your sponsor must lodge an online application for sponsorship and submit the required documents. Your employer is also required to pay a sponsorship fee of AUD420 and any legal fees.

If you are applying for the labour agreement stream, your sponsor doesn’t have to apply to become an eligible sponsor. However, your employer must be a part of the labour agreements, and if they are not, they are required to submit a request to become a part of the accords.

  1. Your Sponsor Is Approved

Once your sponsor is approved, the sponsorship will last for five years. After that, your employer can submit a nomination application for you to get this visa.

  1. Your Sponsor Nominates You for the Visa

As soon as your employer is an approved sponsor, they can lodge a nomination application for you. This will involve meeting complex criteria including the Labour Market Test (LMT). They have to nominate you and pay a nomination fee of AUD330 and any legal fee.

  1. Your Sponsor Pays the Levy Fund

Once your sponsor begins the nomination process, they are required to pay the skills levy fund. The full amount of the fund will be calculated in the nomination form, but the payment will vary depending on the business size and the length of the work period.

Small businesses with a turnover of less than AUD10million have to pay an amount of AUD1200 yearly, while businesses with a turnover of more than 10 million have to pay AUD1800. For example, fi your sponsor has a business turnover of 9 million, and you will be employed for three years then the levy fund will be calculated as AUD5400.

  1. You Apply for the Visa

Once your sponsor’s nomination has been lodged, you can start your 482 visa application process.

482 Visa Processing Time

The processing time for a 482 visa application depends on the visa stream you applied for and is accessible to check here.

 

How Much Does a 482 Visa Cost?

Book a free consult with one of our Immigration Lawyers to discuss your eligibility and costs.

 

Visa 482 to PR (Permanent Residency) via Subclass 186 Temporary Residence Transition Stream (TRTS)

You can get a permanent visa if your employer nominates you for PR through one of these visas:

• Employer Nomination Scheme Visa 186

• Regional Sponsored Migration Scheme visa 187.

 

482 Visa Subsequent Entrant

You cannot add your family members after your visa application has been submitted. However, if your application is being processed by the Department, your family members may apply for the visa as subsequent entrants, but they will have to submit an online application and pay the visa fees.

You can include your Family Members on your 482 Visa if the family member is:

• Your spouse or de facto partner;

• Your minor child or your partner’s minor child;

• Your adult dependent child or your partner’s adult dependent child; and

• You or your partner’s grandchild (minor or dependent).

If you previously held a 457 visa or a TSS visa, you could include your family members that hold a TSS visa granted on the basis they were your family member. Please note that children include any legally recognised children, i.e., adopted children or stepchildren.

Keep in mind that for your dependent children, you will have to provide proof they are truly dependent on you or your partner either socially, mentally, physically or financially.

 

Changing your Employer while on 482 visa

If you stop working with your sponsoring employer, you have below period to find a new sponsor, apply for a different visa or arrange to depart Australia. You will have up to:

  • 180 days at a time, or
  • a maximum of 365 days in total across the entire visa grant period.

During this time, you can work for other employers. This includes work in occupations not listed in your most recently approved sponsorship nomination. This will ensure that you can support yourselves while you look for a new sponsor.

Unless exempt, you cannot work for another employer unless you have ceased work you’re your sponsoring employer. You must remain in your nominated occupation while working for your existing sponsor.

Have more specific questions about your visa? Get in touch with the best Immigration Lawyers Melbourne. Let’s Talk!

This does not constitute legal advice or create an attorney-client relationship. For up-to-date information or legal advice, please consult an Immigration lawyer.