Temporary Skill Shortage Visa (482) | IMMIGRATION LAWYERS IN MELBOURNE

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.

Visa 482 Streams

When you apply for visa 482, you have to select which stream is more suitable for you:

• Short-term stream. With a short-term stream visa, you can work in Australia for up to 2 years, or four depending on your situation.
• Medium-term stream. The medium-term stream will allow you to stay and work in Australia for up to 4 years and you may apply for permanent residence if you meet the eligibility criteria.
• 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 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.

Short-term Visa English Requirements

The Department of Home Affairs specifically requests you have finished one of these tests with acceptable scores:

• IELTS (International English Language Testing System) – 5.0 score overall with at least 4.5 in each test element.
• OET (Occupational English Test) – B for each test element.
• TOEFL iBT (Test of English as a Foreign Language internet-based Test) – 35 points with at least 3 points for listening and reading, and 12 points for speaking and writing.
• PTE (Pearson Test of English Academic) – 36 points in total with at least 30 points in each test element.
• Cambridge C1 Advanced Test – 154 points in total with a score of 147 for each test element.

Medium-term Visa English Requirements

For the medium-term stream visa 482 you need the following scores:

• IELTS (International English Language Testing System) – 5.0 score overall with at least 5 in each test element
• OET (Occupational English Test) – B for each test element
• TOEFL iBT (Test of English as a Foreign Language internet-based Test) – 35 points with at least 4 points for listening and reading, and 14 points for speaking and writing.
• PTE (Pearson Test of English Academic) – 36 points in total with at least 36 points in each test element.
• Cambridge C1 Advanced Test – 154 points in total with a score of 154 for each test element.

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).
• Your nominated occupation is a diplomatic mission or will be performed at an Office of the Authorities of Taiwan.

Eligibility Criteria for a Visa 482

The eligibility criteria for a 482 visa 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 worked in your nominated occupation for at least 2 years before applying for a 482 visa.
• You have a substantive visa or a bridging visa A, a BVB or a BVC (if you apply from Australia).

• 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.

Application Process for a 482 Visa

Apply for a visa 482 by following these instructions:

• Your sponsor applies for sponsorship. 
• Your sponsor is approved. 
• Your sponsor nominates you for the visa. 
• Your sponsor pays the levy fund.
• You apply for the visa.

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.

Your Sponsor Is Approved

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.

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.

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, 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.

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:

• Short-term stream visa 482: 11 to 5 months.
• Medium-term stream visa 482: 8 to 4 months.
• Labour agreement stream visa 482: 9 to 4 months.

How Much Does a 482 Visa Cost?

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

How Do I Get a Skill Assessment for a 482 Visa?

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.

How Long Can I Stay With a 482 Visa?

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:

• An intra-corporate transferee.
• An intra-corporate transferee from Singapore or Thailand.
• A citizen from China.
• An independent executive.
• A contractual supplier.
• A contractual supplier from Thailand.

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.

Visa 482 to PR (Permanent Residency)

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.

If you have a labour agreement stream, then you can apply for a permanent residence visa only through a visa subclass 186.

Can I Include Family Members on My 482 Visa?

Yes, you can apply with family members that belong to your close family unit:

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

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.

482 Visa Subsequent Entrant

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.

482 Visa Conditions

After your 482 visa is granted, you have to follow these conditions to maintain your visa:

• You have to start working within 90 days after you arrive in Australia or after you receive your visa (if you applied from within the country).
• You must work only within your nominated occupation.
• You cannot stop working for more than 60 consecutive days.
• You must work only for the business that nominated you (unless you are exempt).

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.

Temporary Skilled Migration Income Threshold (TSMIT)

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.

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