The Department of Home Affairs (DHA) introduced a brand new subclass 482 visa on 18 March 2018 to replace the previous Temporary Work (Skilled) visa (subclass 457). We have summarised some of the frequently asked questions for those who may be interested.
What is the subclass 482 visa?
It is a temporary skill visa which aims to help local employers to address labour shortages.
It allows the approved employers (“Approved Sponsors”) to sponsor overseas genuinely skilled workers to Australia where they cannot source an appropriately skilled local employee.
The overseas worker can come to Australia to work in their nominated occupation under one of the three streams:
- Short Term Stream (“STS”)
- The nominated occupations must be on the Short-term Skilled Occupation List (“STSOL”).
- The validity for the visa is maximum two years
- A genuine temporary entrant assessment is conducted
- Only able to renew onshore once.
- Medium Term Stream (“MTS”)
- The nominated occupations must be on the Medium and Long-term Strategic Skills List (“MLTSSL”).
- The holders can stay and work in Australia for a maximum of four years.
- They have an option to apply for permanent residence after three years.
- No renewal limit
- Labour Agreement Stream (“LAS”)
- It is used in exceptional case where Australian workers are not available to fill position. It is negotiated between an employer and the Government.
Who is eligible to apply for this visa?
To apply for subclass 482 visa successfully, you should have the skills to fill a position nominated by the Approved Sponsor and are subject to the following eligibility criteria:
- Various occupation lists depend on the stream you applied for
- Onshore renewal limit
- English language level minimum requirement
- Market salary and Temporary Skilled Migration Income Threshold (TSMIT) requirements
- Mandatory labour market testing
- Character test – Police clearance
- Health check
- Contribution to the Skilling Australians Fund (“SAF levy”) (subject to the passage of the legislation)
- Non-discriminatory workforce test to allow refusal of nominations by employers who are actively discriminating against Australian workers.
As the legislation requirements are rather complicated, it is highly recommended to seek professional advice from migration professionals, such as registered migration agents.
What are the occupation lists and how do I know if my occupation is on the lists?
Apart from STSOL and MLTSSL mentioned above, there is also a Regional Occupation Lists (“ROL”).
The ROL list set out all the occupations which are eligible for subclasses 482 and 187 visa only.
The Government will review the occupations on the lists regularly in order to reflect and response to genuine skill needs across Australia. The occupations may be added, removed or moved among the STSOL, MTSOL and ROL from time to time. Therefore, you are strongly recommended to check the list before applying your visa. We also highly recommended to consult with your registered migration agents if in doubt.
Can my family member join me to Australia?
Yes, as the primary applicant, your dependent family members can join you as secondary applicants.
What is the minimum English language requirement for subclass 482 visa?
STS- A single attempt of IELTS with an overall band score of at least 5.0 with a score of at least 4.5 in each of the test components (or equivalent test).
MTS- A single attempt of IELTS with an overall band score of at least 5.0 with a score of at least 5 in each of the test components (or equivalent test).
LAS – Applicants have to demonstrate his English Language proficiency specified in the labour agreement.
Exemptions from English language requirement are similar to the other types of skilled visa:
- Passport holders from the UK, US, Ireland, Canada and New Zealand
- Completed at least 5 years of full-term study in secondary or higher education institution where instruction was conducted in English.
- Secondment or transfer from intra-company with a minimum annual salary of A$96,400.
- Diplomatic or Consular appointments
Is there any age requirement for applying subclass 482 visa?
No. There is no age requirement for this temporary visa. However, if you are aged 45 or above, then it may limit your options to the permanent residence pathways.
What is the work experience requirement for subclass 482 visa?
All primary applicants need to demonstrate that they have two years’ work experience in the nominated occupation or a related field.
Is there any impact on me if I have already held a subclass 457 visa?
No. You can still hold your subclass 457 visa until it is expired or you seek to apply for a further visa.
I am a holder of subclass 457, is there any change to my permanent residence pathways?
You can still apply for ENS visa (subclass 186) or RSMS visa (Subclass 187).
However, you may subject to transitional arrangement which is a grandfathering provision if you held or applied for your subclass 457 visa before 18 April 2017. The transitional arrangement includes:
- Occupation list requirements will not apply (that is, there are no restrictions as long as you continue to work in the same position for the same employer for two years as approved for your subclass 457 visa)
- The age requirement will remain at less than 50 years old with existing age exemptions still available
- The minimum work experience in their nomination occupation as the holder of subclasses 457 or 482 visa will remain at two years.
For other 457 visa holders, they have to bound by the new requirements.
How FortuneChance can help?
At FortuneChance we provide high quality and professional migration advisory service to our corporate and individuals clients alike.
If you are a business owner who wish to sponsor your employees for a work visa, please email us at email@example.com. We can assist you and devise a tailor program for your business including Standard Business Sponsorship (SBS) application and lodgement of nominated position.
If you are an individual who is looking for skilled migration to Australia, please fill in the online assessment form and our migration professionals will contact you and discuss your best visa option for you.