A Temporary Skill Shortage (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.
When you apply for visa 482, you have to select which stream is more suitable for you:
For your 482 visa, you must provide evidence that you meet at least the minimum requirements of English language proficiency, the required scores change according to the visa stream you are applying for.
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.
The Department of Home Affairs specifically requests you have finished one of these tests with acceptable scores:
For the medium-term stream visa 482 you need the following scores:
You are exempt from the language requirement if:
The eligibility criteria for a 482 visa can be complex and principally consist of the following:
For a short-term stream:
Your employer nominated you for a position in the short-term skilled occupation list- STSOL (see the list).
For a medium-term stream:
You must be nominated for a profession in the medium-skilled occupation list- MLTSSL (see the full list).
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.
Apply for a visa 482 by following these instructions:
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.
Once your sponsor is approved, the sponsorship will last for 5 five years. After that, your employer can submit a nomination application for you to get this 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.
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, if 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.
Once your sponsor’s nomination has been lodged, you can start your 482 visa application process.
The processing time for a 482 visa application depends on the visa stream you applied for:
Book a consult with one of our Immigration Lawyers to discuss your eligibility and costs.
You have to get a skill assessment via the Skill Assessment Program for a temporary skills shortage visa- see the program here. Depending on which occupation you were nominated for, you have to get a skill assessment by Trades Recognition Australia or VETASSESS.
You must contact the Immigration office before you apply to see whether a skill assessment is required- if it is you must have it completed before you apply for the visa or your application is invalid. The Immigration office will also let you know where you can get your skill assessment.
Generally speaking, you can stay up to four years with a 482 visa. However, if you have a short-term stream visa 482 you have a visa only for two years. Your short-term stream visa will last for four years if an ITO applies to your visa.
An ITO or an International Trade Obligation applies if you are:
If your visa is about to expire you can apply for another visa if you are still working for your employer. To get another 482 visa, your employer must submit a new nomination form and you must apply for the visa once again.
You can get a permanent visa if your employer nominates you for PR through one of these visas:
If you have a labour agreement stream, then you can apply for a permanent residence visa only through a visa subclass 186.
Yes, you can apply with family members that belong to your close family unit:
If you previously held a 457 visa or a TTS visa, you can include your family members that hold a TTS visa granted on the basis they were your family member. Please note that children include any legally recognised children, i.e., adopted children or step-children.
Keep in mind that for your dependent children, you have to provide proof they are truly dependent on you or your partner either socially, mentally, physically or financially.
You can’t add 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 have to submit an online application and pay the visa fees.
After your 482 visa is granted, you have to follow these conditions to maintain your visa:
If you want to change your employer, you have to apply for the visa again. Keep in mind that your new employer has to submit another nomination form and have the nomination approved before you can start working for them.
You have to work the same occupation that you were nominated for when you were granted a 482 visa. However, if you do want to change your profession, you have to apply for another temporary skilled shortage visa.
Your employer must be able to pay the annual market salary rate equal to the temporary skilled migration income threshold. At the moment the TSMIT is at AUD70,000. However, this amount does not count for other benefits such as accommodation or a car.
Have more specific questions about your visa? Get in touch with the best Immigration Lawyers Melbourne.