482 VISA | immigration lawyers in melbourne

SKILLS IN DEMAND
(482) VISAS

The Visa Process

STANDARD BUSINESS SPONSORSHIP(SBS )

The Applicant in this stage is the Employer who must:

  • Demonstrate active and lawful operation of a business;
  • Have a strong record of/commitment

 

Business Requirements

To sponsor an Employee, the Employers must first become approved sponsors by demonstrating their business legitimacy and commitment to Australian employment standards. 

The business must provide comprehensive evidence of:

  • Active and lawful operation through documentation such as business registration, financial statements, and tax records;
  • The business should demonstrate sustainable trading activity and financial capacity to meet sponsorship obligations;
  • A proven record of prioritizing local labour recruitment through evidence of advertising campaigns, employment records, and workforce documentation showing a balanced mix of Australian and overseas workers;
  • Fair and non-discriminatory recruitment practices, demonstrated through documented recruitment policies, job advertisements, and selection criteria that comply with Australian workplace laws.
 

Compliance Requirements

The business and its key personnel must maintain a clean record regarding immigration and workplace laws. This includes:

  • No adverse findings from the Fair Work Ombudsman or relevant regulatory bodies;
  • Compliance with previous sponsorship obligations if applicable;
  • No history of illegal business practices or phoenix activity.
 

Cost Recovery Prohibition

Sponsors are strictly prohibited from:

  • Seeking reimbursement for any visa-related costs from sponsored employees;
  • Requiring employees to pay for sponsorship-related expenses;
  • Engaging in any ‘pay for visa’ arrangements.

 

The SBS approval, once granted, remains valid for five years, during which the business can nominate multiple positions subject to individual assessment.

 

Skills in Demand Visa 

The Skills in Demand visa (Subclass 482) (formerly Temporary Skill Shortage (TSS) Visa) represents Australia’s primary framework for temporary skilled migration. This visa enables Australian businesses to address their skilled workforce needs when they cannot find suitable Australian workers. The application process involves three distinct stages: Standard Business Sponsorship, Nomination, and Visa Application.

NOMINATION APPLICATION

The Applicant, again, in this stage is the Employer who, if applying as an SBS must:

  • Identify the Nominee;
  • Specify the occupation;
  • Provide the location of the position;
  • Specify the proposed period of stay;
  • Certify they have not asked for, or received, any benefit to initiate a sponsorship-related event;
  • Not be the subject to adverse information;
  • Nominate a position that is genuine and full-time;
  • Meet training obligations (contribution to Skilling Australians Fund (SAF);
  • Be an approved SBS (unless nominating through an alternative stream);
  • Meet minimum salary requirements which are no less than market rate for that occupation and meet the Core Skills income Threshold (CSIT).
 
There are three streams to apply through:

 

1. Specialist Skills Stream

This premium stream targets highly paid positions with annual salaries exceeding $135,000. 

Key features include but not limited to:

  • Broader occupation eligibility within ANZSCO groups 1, 2, 4, 5, and 6;
  • No requirement for the occupation to appear on a skilled occupation list;
  • Streamlined processing priorities; and
  • Enhanced flexibility in employment arrangements.

 

2. Core Skills Occupation Stream

Designed for standard skilled positions with:

  • Minimum annual salary of $73,150;
  • Occupation must appear on the Core Skilled Occupation list;
  • Market salary rate requirements apply; and
  • Rigorous skills assessment processes.

 

3. Labour Agreement Stream

Reserved for specific circumstances where standard streams don’t apply:

  • Custom arrangements between the government and employers;
  • Industry-specific requirements;
  • Regional considerations; and
  • Special project arrangements.

 

Salary Requirements

Employers must demonstrate compliance with:

  • Minimum salary thresholds specific to each stream;
  • Market salary rate comparisons with Australian workers;
  • Documentation of additional benefits and allowances;
  • Evidence of compliance with relevant awards or enterprise agreements.

 

Training Obligations

Employers must contribute to the Skilling Australians Fund (SAF) Levy, which includes:

  • Payment of the nomination training contribution charge;
  • Commitment to ongoing training of Australian workers;
  • Documentation of existing training programs.

VISA APPLICATION

Eligibility Requirements 

Skills and Qualifications

Applicants must demonstrate:

  • One year of post-qualification work experience within the recent past five years;
  • Skills assessment where required for the nominated occupation;
  • Current registration or licensing if required for the position.

 

English Language Proficiency

Requirements include:

  • Minimum overall score of 5 in each components;
  • Alternative test score equivalencies.

Click here to see exemptions for English Language Proficiency.

The visa requirements are subject to change based on government policy updates.

Contact the best Immigration Lawyers in Melbourne to get the updates on changes to subclass 482 Visa.

Regular updates on processing times are available through the Department of Home Affairs website.

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.

LEARN MORE ABOUT THE 482 VISA