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Temporary Skill Shortage visa (482)

Temporary Skill Shortage visa (subclass 482)

This is a temporary visa.

Who can apply?

There are various criteria that need to be met both by the employer and the employee.

As an employer

You must first get approved as a sponsor. The sponsorship will usually be approved for 5 years and allow you to sponsor overseas workers during this time. Once you have been approved as a sponsor, you must then get the position approved by the Department of Home Affairs ("nomination" process).

As part of the requirements, you must show that:

- You are lawfully and actively operating your business in Australia or outside Australia (if you are an overseas business) and
- That you will be able to meet all your obligations as a sponsor and
- That you have a record of, or commitment to training your Australian and permanent resident staff (this requirement does not apply to overseas businesses) and
- That the position is a genuine position and
- That it is a skilled position (such as determined by the Government) and
- That the salary is of at least the Minimum Salary Level (such as determined by the Government)
- That the salary meets the Salary Market rate

- etc.

You will also need to pay a levy ("Skilling Australians Fund" or "SAF") for each person you sponsor and for each year they are working for your company. The amount of the levy is of AUD 1,200 per year and per nomination if your annual turnover is below 10 million. It is of AUD 1,800 per year and per nomination if your annual turnover is above 10 million.

Your employee

Your prospective employee will have to meet various criteria to be eligible for a 482 visa:

- S/he must have the skills, qualifications and employment background necessary to perform the tasks of the position and
- S/he must meet the English language proficiency requirements and
- In certain cases, a skills assessment will be required

- S/he will need at least 2 years work experience in the same or closely related position
- Must have health cover
- etc.

Note that there is no age limit to apply for a 482 visa.

If you choose to appoint Migratus, we will assist you and represent you with all the steps:

- sponsorship application(s)
- nomination application(s)
- visa application(s)

Please contact us now and discuss your options with a qualified migration agent.

What can I do with a 482 Visa?

As an employer

This is a temporary visa which entitles you to sponsor overseas workers for up to 2 or 4 years, depending on the occupation.

As an employer, you must be able to meet your sponsorship obligations towards your employee(s) and accompanying family members.

As part of your obligations, you will have to:

- Meet the return travel costs to your employee's home country (for an employee and accompanying family members)
- Notify the department within 10 working days after your employee ceases to work for your company
- Notify the department within 10 working days if there is a change to the work duties carried out by the primary sponsored person
- Ensure your employee does not work in an occupation other than the nominated occupation
- Comply with all relevant laws relating to workplace relations
- Etc.

Your employee

This is a temporary visa which entitles your employee to work in Australia for up to 2 or 4 years (depending on the occupation). Your employee can take his/her spouse and children with him/her. They will be able to work and study in Australia.

One condition on your employee's visa is that s/he remains employed by the same employer in the same occupation.

As a temporary resident, your employee is not entitled to access Australia's public medical assistance scheme (Medicare) unless s/he is from a country that has reciprocal health arrangement with Australia. It is a visa condition that your employee have a health insurance cover.

With a 482 visa, your employee is not entitled to access any social security payments from Centrelink.

Depending on the occupation, your employee might be eligible to apply for a permanent employer sponsored visa (186 or 187) after having worked for the same employer in the same occupation for at least 3 years.