Requirements for 482 Visa

There are a number of requirements for 482 visa, but let's discuss what a Subclass 482 visa is first. A Subclass 482 visa is a temporary skill shortage (TSS) visa that allows skilled workers to come to Australia and work for an approved business for up to four years.

This visa is also known as the Temporary Skill Shortage (TSS) visa and is designed to fill skill shortages in the Australian labour market. The 482 visa has three streams:

1. 1. Short-term visa stream: This allows skilled workers to work in Australia for up to two or four years if an International Trade Obligation applies.
2. 2. Medium-term visa stream: This allows skilled workers to work in Australia for up to four years. It can also lead to permanent residency if the worker meets the eligibility criteria.
3. 3. Labour Agreement visa stream: This allows skilled workers to work in Australia under a labour agreement negotiated between the Australian Government and an employer.

There are some jobs in Australia for which there aren't enough qualified Australians. The 482 visa is intended to help employers address this issue by bringing in trained, overseas skilled workers. These positions are on the list of short-term skilled occupations. Read on 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 nominated occupation
• A sanctioned nomination by an approved sponsor
• Have completed any skills assessment/qualification for the position
• Hold a valid English language proficiency proof fulfilling the minimum language criteria
• A valid functional visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa. This is required if the applicant is in Australia at the time of lodging the application. Click here to read our article about bridging visas.
• Any other requirements or conditions that apply to the visa application.
• 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 the genuine temporary entrant requirement.

There are also other visa options for an TSS visa holders seeking requirements for 482 visa if they don't meet the two years of work experience:

• Temporary Activity (subclass 408) visa under the Australian Government endorsed events - the Department has redesigned this temporary visa to serve the interests of 'economic recovery,' and it can be approved for up to 12 months.
• Working Holiday (subclass 417) visa/Work and Holiday (subclass 462) visa - It's important to know that people with this visa can only work for 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 two years - The applicant must have at least 12 months of full-time experience in the occupation in the 24 months preceding the application.

2. Eligibility Criteria for Nominating Employers

It's also important to discuss the criteria for nominating employers when tackling requirements for 482 visa. Nominating employers 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 of approval. Employers can nominate their employees for an eligible skilled 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 and duration.
• Provide evidence of Labour Market Testing (where required). An employer conducts labour market testing if they want to advertise a certain 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 proficiency requirements set by the Australian government.

The required level of English proficiency will depend on the applicant's occupation and the stream under which they are applying. English language proficiency can be demonstrated by taking 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 proficiency requirements for 482 visa:

1. Short-term stream: The applicant must have a minimum overall score of 5.0 in the IELTS or equivalent test.

2. Medium-term stream and Labour Agreement stream: The applicant must have a minimum overall score of 5.0 in the IELTS or equivalent test. Alternatively, applicants may be exempt from the English language requirement. This is if the applicant has an occupation on the MLTSSL and can provide evidence of at least 3 years of full-time study in English. They must have completed their English studies at a secondary or higher education institution 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 of completion
• 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, any registrations/ licences, previous employer reference and/or their CV
• Health certificate
• Proof of health insurance coverage for the duration of the applicant's stay in Australia
• A police certificate from every country where the applicant has spent 12 months or more. The applicant may be required to fill out Form 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 possible character documents for each dependent who will accompany the applicant.

Importance of Seeking Legal Advice

It's important for an applicant to seek legal advice if they want to meet the requirements for 482 visa. We at JB Solicitors have experienced immigration lawyers that can aid applicants in applying for various Australian visas. Moreover, we can also help with:

1. Understanding the process: Immigration law can be complex, and it's important to understand the steps involved in the visa application process. Our lawyers can help guide applicants through the process and ensure that they complete all the necessary steps.
2. Assessing eligibility: Not everyone is eligible for a 482 visa. However, we can help applicants assess whether they meet the eligibility criteria. Should the applicant fail to meet the necessary criteria, we can advise them on other visa options that may be available. We can also help if an applicant's family members can work and study in Australia.
3. Addressing potential issues: We can also help with any potential issues with applications, such as a criminal record or a previous visa cancellation. Our team can help you address these issues and ensure that your application is as strong as possible.
4. Ensuring compliance: Applicants will need to comply with various obligations once applicants have a 482 visa. This may include working for their sponsor and upholding the terms and conditions of their employment. Our lawyers can help applicants understand these obligations and ensure that they comply with them.
5. Maximising your chances of success: Ultimately, our lawyers can help applicants maximise their chances of success to obtain a 482 visa. They can help applicants prepare a solid application, address any issues, and ensure that they comply with eligibility requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.