Introduction

This visa is a temporary (between 2 to 4 years) visa that allows Australian employers to sponsor a person from overseas to work for them in Australia. Depending on the circumstances, it may lead to permanent residence (which may then lead to citizenship).

If you, or (if you’re an employer) a candidate meet the below requirements, you/they may be eligible for this visa.

 

Occupation

You can search the occupation you’re interested in doing/hiring for, on the Department of Home Affairs’ website https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list to see if that occupation lists the 482 Visa as an option.

For example, if you search ‘photographer’, you will see that the 482 is available in the short-term stream.

 

Streams

There are three ‘streams’:

  • Short-Term;
  • Medium-Term; and
  • Labour Agreement.

You need to select the stream that applies to you based on your individual circumstances or by consulting with an immigration lawyer to do an assessment of your options (it may also be that the 482 is not the best visa option for you, depending on your circumstances).

The short-term stream provides a 2-year 482 visa, the medium-term stream, 4 years.

 

 

Eligibility – Individuals & Employers

Employers

Employers who which to employ someone from overseas on a 482 visa are required to:

  • be a lawfully operating business;
  • have no adverse information recorded against the business;
  • ‘nominate’ a full-time job position for the employee (note, you must prove it is a position that’s genuinely required);
  • satisfy remuneration requirements;
  • provide evidence of Labour Market Testing if required, which involves:
    • advertising the job for the required period of time in the required manner; and
    • genuinely demonstrating why an Australian job applicant is not suitable; and
    • genuinely demonstrating why the overseas worker is the most suitable

candidate for the job.

Individuals

There is no age limit for a 482 visa and the general requirements are:

  • have an occupation on the Consolidated Skilled Occupations list;
  • nominated for a job position for that occupation by an Australian employer;
  • have the relevant skills for your occupation;
  • have the relevant qualifications for your occupation;
  • have at least two years of work experience in that occupation;
  • have English language ability that accords with the requirement for that stream, (note there are also exceptions to having to satisfy this requirement);
  • satisfy the requirements for good character and health; and
  • if you are in Australia, have a substantive visa or a bridging visa A, B, or C and have complied with any/all visa condition(s).

Some occupations require you to undergo a skills assessment. Whether you fit into this category and the type of assessment required, is outlined in the relevant legislative instrument. Depending on the occupation, the skills assessment is usually carried out by either Trades Recognition Australia or VETASSESS.

 

Steps

Once you have a job offer/you’re an employer who has found a suitable overseas candidate, you are required to follow certain steps:

  1. the business must be a standard business sponsor (SBS); if not, they should apply to be registered as one;
  2. the employer must then prepare for and make the nomination application which involves:
    1. gathering all required documents (including but not limited to business structure, accounts etc);
    2. advertising the role (complying with Labour Market Testing requirements, including providing relevant information about job applicants and their eligibility);
    3. offering the job to the offshore candidate and providing a signed employment contract; and
    4. lodging the nomination application.
  3. the visa applicant must then prepare for and lodge the visa application.

90% of visa applications are currently taking approximately 7 months to receive a decision on, so it’s important to factor this into corporate decisions/staff requirements.

 

 

Authors

Katie Wren, Senior Lawyer
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The contents of this article are for reference purposes only. The contents do not constitute legal advice and should not be relied upon as such. Specific legal advice about your personal circumstances should always be sought separately before taking any action based on this publication or otherwise.