AUSTRALIA’S 482 VISA: IT ALL COMES DOWN TO ELIGIBILITY

Looking to find work in Australia – or looking overseas to employ the skills you need to develop your business here?

Australia’s 482 visa enables companies to employ overseas workers in Australia who have skills and/or experience that cannot be found in the local market.

There are three streams within the 482 Visa:

  • The short-term stream, which enables employees to stay for up to two years or up to four years if under an International Trade Obligation (ITO). Employees must have skills listed on the short-term skilled occupations list,
  • The medium-term stream, which enables employees to stay up to four years. Employees must have skills listed on the medium and long-term strategic skills list (MLTSSL) or the regional occupation list (ROL). Those who apply for this visa may, if eligible, apply for permanent residence,
  • The labour agreement stream, which lets you stay for up to 4 years, depending on the terms in the labour agreement between the nominated employer and employee. Employees on a labour agreement stream visa can study (though they won’t receive government assistance), and travel to and from Australia as they wish, while the visa is valid.

Hong Kong passport holders may stay up to five years when working under any of these visa streams.

Skilled workers who apply for a 482 Visa can be:

  • Living overseas and wish to travel and work in Australia,
  • Already in Australia on another type of visa which does not currently allow them to work, or
  • Already living and working on another visa in Australia.

However, to be eligible for a 482 Visa, a prospective employee must meet strict criteria set down by the Government. In essence, employees must:

  • be nominated to work in an occupation on the list of eligible short-term skilled occupations,
  • have at least 2 years relevant work experience in their nominated occupation or a related field,
  • have a relevant skills assessment if this is required for their occupation,
  • work only for their sponsor or associated entity, unless they are exempt, and
  • meet minimum standards of English language proficiency unless they are exempt from needing to show this.

The Ayers Group has developed a free Eligibility Tool, which can advise on a person’s eligibility for a 482 Visa. This online tool can be used by employers looking to employ international workers and by prospective employees – whether they’re currently in Australia or not. It’s confidential and takes just 60 seconds to advise on likely eligibility and offer valuable recommendations for applying. 

How Long Will You be Waiting for a Visa?

Applying for a Temporary Skill Shortage Visa (subclass 482) can be challenging as an approved employer is required to sponsor the visa application and the specified skill set is subject to change.

As long as a person has all the required documentation and is eligible for a subclass 482 Visa, their application will likely be processed within five months. In fact, 75% of applications are processed in less than four months.

As one of few companies to be approved by the Department of Home Affairs (Immigration) to on-hire overseas professionals, the Ayers Group hires employees on 482 Visas. This enables the Visa holder to take on contracts as and where they wish. We can also provide a letter of pre-approval within 24 hours to assure potential clients of the ability to work long term in Australia.

If you (or your prospective employee) are currently not eligible, the Ayers Group’s free Eligibility Tool will offer you helpful advice on how you can build a successful application.

482 Visa Rules to Follow

It’s important to know that 482 Visa-holders must continue to meet conditions set down by the Government. For example;

A 482 Visa holder must start work within 90 days of:

  • Arriving in Australia, if they were outside Australia when the visa was granted, or
  • Receiving their visa, if they were in Australia when the visa was granted.

A 482 Visa holder must not stop working for more than 60 consecutive days.

Unless an exemption applies, a 482 Visa holder can only work:

  • For the business that nominated them, if their visa was granted in the Labour agreement stream,
  • For the business that nominated them or an associated entity, if their visa was granted in Medium or Short-term stream and their sponsor is an Australian business,
  • For the business that nominated them, if their visa was granted in Medium or Short-term stream and their sponsor is an overseas business, or
  • Overseas workers who choose to work in Australia on a 482 Visa as an employee of the Ayers Group, are free to contract their skills to numerous businesses.

482 Visa holders can work for other businesses if:

  • The occupation is specified by the minister in an instrument,
  • Their employment is ending, and they are serving out a notice period, or
  • They are working as an employee of the Ayers Group.

If a 482 Visa holder wants to change their employer, a new proposed employer must get a nomination approved before they can start work.

Additionally, a 482 Visa holder must meet the following general conditions during their stay in Australia:

  • They must not be disruptive – i.e. become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community,
  • They must have and maintain adequate health insurance. Some countries have reciprocal healthcare agreements,
  • They (and their family members) must not owe a debt to the Australian Government,
  • They must not have previously been refused a Visa to work and travel in Australia,
  • They must work only in the occupation nominated in their most recent Subclass 482 (Temporary Skill Shortage) visa application. They cannot work in a different occupation unless they apply for and are granted a new Temporary Skill Shortage visa, and
  • If they and any secondary applicants are 18 years of age or older, they must confirm that they will respect the Australian way of life and obey Australian laws when they agree to or sign an Australian Values Statement

Check Your Eligibility Now

Applying for a 482 Visa needn’t be challenging if you are fully prepared. Check the Ayers Group Eligibility Tool now to find out whether you are likely to meet the required criteria – it’s free to use and there are no obligations attached.

To smooth the way for your 482 Visa application, contact an expert at the Ayers Group to ensure your documentation is completed and lodged as required by the Australian Government.