13 March 2023
by John Bui(Sydney)
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There are a number of requirements for 482 visa, but let'sdiscuss what a Subclass 482 visa is first. A Subclass 482visa is a temporary skill shortage (TSS) visa that allows skilledworkers to come to Australia and work for an approved business forup to four years.
This visa is also known as the Temporary Skill Shortage (TSS)visa and is designed to fill skill shortages in the Australianlabour market. The 482 visa has three streams:
- 1. Short-term visa stream: This allows skilledworkers to work in Australia for up to two or four years if anInternational Trade Obligation applies.
- 2. Medium-term visa stream: This allowsskilled workers to work in Australia for up to four years. It canalso lead to permanent residency if the worker meets theeligibility criteria.
- 3. Labour Agreement visa stream: This allowsskilled workers to work in Australia under a labour agreementnegotiated between the Australian Government and an employer.
There are some jobs in Australia for which there aren'tenough qualified Australians. The 482 visa is intended to helpemployers address this issue by bringing in trained, overseasskilled workers. These positions are on the list of short-term skilled occupations. Readon to learn the requirements for 482 visa.
Requirements for 482 Visa Checklist
1. Basic Eligibility Criteria
- Minimum of 2 years of work experience in the nominatedoccupation
- A sanctioned nomination by an approved sponsor
- Have completed any skills assessment/qualification for theposition
- Hold a valid English language proficiency proof fulfilling theminimum language criteria
- A valid functional visa, a subclass 010 (Bridging A) visa, asubclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa.This is required if the applicant is in Australia at the time oflodging the application. Click here to read our article about bridgingvisas.
- Any other requirements or conditions that apply to the visaapplication.
- Fulfil the conditions for health and character
- Fulfil the specific requirements of the individual stream.Applicants under the short-term stream are required to fulfil thegenuine temporary entrant requirement.
There are also other visa options for an TSS visa holdersseeking requirements for 482 visa if they don't meet the twoyears of work experience:
- Temporary Activity (subclass 408) visa underthe Australian Government endorsed events - the Department hasredesigned this temporary visa to serve the interests of'economic recovery,' and it can be approved for up to 12months.
- Working Holiday (subclass 417) visa/Work and Holiday (subclass 462) visa -It's important to know that people with this visa can only workfor the same employer for 6 months. This condition is relaxed until December 31, 2022.This condition does not apply after December 31, 2022.
- Training visa (subclass 407) for up to twoyears - The applicant must have at least 12 months of full-timeexperience in the occupation in the 24 months preceding theapplication.
2. Eligibility Criteria for Nominating Employers
It's also important to discuss the criteria for nominatingemployers when tackling requirements for 482 visa. Nominatingemployers must:
- Be legally operating their business in Australia
- Have a standard business sponsorship
- Pay the sponsorship fees which is $420 (AUD)
The sponsorship will be valid for five years from the date ofapproval. Employers can nominate their employees for an eligibleskilled occupation from the list of eligible skilled occupations.This includes Medium and Long term Strategic Skills (MLTSSL)or Short-term Skilled Occupation List (TSOL).However, they must:
- Provide a valid employment contract.
- Pay a salary equal to or greater than the Temporary Skilled Migration Income Threshold(TSMIT) for the nominated occupation.
- In the nomination, specify the job's location andduration.
- Provide evidence of Labour Market Testing (where required). Anemployer conducts labour market testing if they want to advertise acertain job position online for potential overseas workers.
- Pay the $330 AUD fees
3. English Requirements
There are also English proficiency requirements for 482 visa.The applicant must meet the English language proficiencyrequirements set by the Australian government.
The required level of English proficiency will depend on theapplicant's occupation and the stream under which they areapplying. English language proficiency can be demonstrated bytaking an approved English language test such as the:
- International English Language Testing System (IELTS)
- Test of English as a Foreign Language internet-Based Test(TOEFL iBT)
- Pearson Test of English Academic (PTE Academic); or
- Cambridge English: Advanced (CAE).
The following are the minimum English language proficiencyrequirements for 482 visa:
1. Short-term stream: The applicant must have aminimum overall score of 5.0 in the IELTS or equivalent test.
2. Medium-term stream and Labour Agreementstream: The applicant must have a minimum overall score of5.0 in the IELTS or equivalent test. Alternatively, applicants maybe exempt from the English language requirement. This is if theapplicant has an occupation on the MLTSSL and can provide evidenceof at least 3 years of full-time study in English. They must havecompleted their English studies at a secondary or higher educationinstitution in certain countries.
Requirements for 482 Visa: Necessary Documents
Some of these documents may include but are not limited to:
- Proof of English language skills like a certificate ofcompletion
- Valid passport details
- Change of name details
- Birth certificate
- Skill assessment results. If no skills assessment is required,applicants will need to show qualification certificates, anyregistrations/ licences, previous employer reference and/or theirCV
- Health certificate
- Proof of health insurance coverage for the duration of theapplicant's stay in Australia
- A police certificate from every country where the applicant hasspent 12 months or more. The applicant may be required to fill outForm 80 or Form 1221.
- Partner documents which include their identity documents,character documents, and current marriage certificate/ proof of de facto relationship.
- Current passport details, birth certificates, and possiblecharacter documents for each dependent who will accompany theapplicant.
Importance of Seeking Legal Advice
It's important for an applicant to seek legal advice if theywant to meet the requirements for 482 visa. We at JB Solicitors have experienced immigration lawyers that can aid applicants in applyingfor various Australian visas. Moreover, we can also help with:
- Understanding the process: Immigration law canbe complex, and it's important to understand the steps involvedin the visa application process. Our lawyers can help guideapplicants through the process and ensure that they complete allthe necessary steps.
- Assessing eligibility: Not everyone iseligible for a 482 visa. However, we can help applicants assesswhether they meet the eligibility criteria. Should the applicantfail to meet the necessary criteria, we can advise them on othervisa options that may be available. We can also help if anapplicant's family members can work and study inAustralia.
- Addressing potential issues: We can also helpwith any potential issues with applications, such as a criminalrecord or a previous visa cancellation. Our team can help youaddress these issues and ensure that your application is as strongas possible.
- Ensuring compliance: Applicants will need tocomply with various obligations once applicants have a 482 visa.This may include working for their sponsor and upholding the termsand conditions of their employment. Our lawyers can help applicantsunderstand these obligations and ensure that they comply withthem.
- Maximising your chances of success:Ultimately, our lawyers can help applicants maximise their chancesof success to obtain a 482 visa. They can help applicants prepare asolid application, address any issues, and ensure that they complywith eligibility requirements.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
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