Work Visa
Temporary Skill Shortage Visa (Subclass 482)
Introduction
Subclass 482 visa is a temporary visa and introduced to fulfill the Australian labour shortage for most skilled occupations. Australian sponsor/employer is required to sponsor and nominate the applicant to lodge a visa application of sc482. Visa applications can be lodged before the SBS, and nomination approval bust must be lodged in a sequence of SBS followed by nomination followed by visa application. This is called a three-stage process. It is quite a complicated process and requirement, and the obligation of the sponsor is harsh to maintain the integrity of the visa so that only genuine individuals get benefits of this visa.
This visa has three streams:
- Medium
- Short, and
- Labour streams
Since November 2023 all streams lead a pathway to permanent visas. After three years of work experience (unless transition period applies, 2 years) on sc482, the applicant can access permanent visa sc186 via TRT stream. Under new arrangements, applicant can access permanent visa after the 2 years of work experience with same employer via TRT stream regardless of occupational list.
To apply standard business sponsor and nomination for the nominee is employer/sponsor’s responsibility and visa application should be lodged by visa applicant/nominee. Minimum 2 years of work experience is required (full time (38hrs/ week) or equivalent part-time (min 20 hrs/week). Skill assessment is also required unless an exemption applies.
Maximum stay: 4 years
Processing time for the visa can be viewed by clicking on the following link:
Global visa processing times (homeaffairs.gov.au)
All three stages process and requirements are as follows:
Labour Marketing Test:
Exemption: Currently only for ITO (Australia's commitments under free Trade Agreements (FTAs) and World Trade Organization (WTO) General Agreement on Trade in Services (GATS).
For example, Citizen/national of China, Japan, Mexico, Thailand, or Vietnam; or citizen/national/permanent resident of Canada, Chile, Korea, New Zealand or Singapore are exempt.
Requirement/Process (LMT):
*Within 4 months just before lodging the nomination
*2 National media plus job active website/ 28 consecutive days in English -LIN 18/036
*Information about local person if redundant in last 4 months
LMT exemptions:
1. Position of top academic and research, sports, or top talent chef
2.OBS to SBS and nominee working for existing employee in overseas
3. Holder of 457/482/494 and need new nomination coz of pay change or business structure
Changed
*Annual earning equal or greater than $250,000
* Medical profession except 253111 or 253999
Information needs to be published:
All advertisements included the following details:
- The title, or a description, of the position.
- The skills or experience required for the position.
- The name of the approved sponsor or the name of the recruitment agency being used by the sponsor to undertake LMT; and
- The salary for the position (if the intended annual earnings for the nominated position are lower than AUD96,400).
Nomination can only be lodged after the 28 days of advertisement to prove the genuine attempt to hire local labour. Visa application can be lodged after the nomination lodgment without waiting for approval, if required.
Visa Application:
Requirements:
- *Complied with previous visa conditions
- *Approved SBS and nomination
- *Position and intention is genuine
- *Satisfy the minister about skill to work, if requested
- *No fraud in last 3 yrs.
*OVHC - *Registered medical profession
- *No adverse info
- *Medical Assessment
Short Term Stream:
- *2 years exp
- *GTE
- *IELTS – 5 each with min 4.5
Medium term Stream:
*IELTS 5 each score
Labour agreement stream:
- *Agreement between commonwealth and nominator for that occupation
- * 2 ys exp or can be waived
- * English language skill – not set but depend upon the agreement (DAMA)
Secondary Applicant:
- *Combine application and mentioned in nomination
- *Subsequent applicant – Need written consent from sponsor
Conditions:
- *8607 – *start work in 90 days after visa grant or entry to Australia
*maximum 60 days gap if cease to work
* LA/OBS worker only work for same employer unless medical occupation (Exempt)
*Get registration/license in 90 days otherwise notify department
* Work for most recent Nomination and cease work for other when start with new
only, until keep working with previous nominator.
8501 : Health insurance
8303 : No danger to Australian community
Work experience:
- The ‘two years’ work experience requirement is not in addition to any work experience requirements outlined in ANZSCO occupation definitions, which are relevant in terms of assessing sub-clause 482.212(3).
- Casual employment should not be counted towards meeting the work experience requirement.
- Under policy, it is expected that the work experience should have been undertaken on a full-time basis in the last five years. This period does not need to be continuous. Decision- makers may also consider work undertaken as a part-time employee that is equivalent to two years full-time, where they are confident that the applicant’s experience and skills are relevant and current.
38 hours per week full time is considered full time or 32 and 45 hours per week under an industry award or an agreement that was consistent with the NES is also considered full time work
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