The Subclass 482 Temporary Skills Shortage visa is an employer sponsored visa enabling businesses who are approved as a Standard Business Sponsor to address labour market shortages in Australia by nominating skilled foreign workers. The Subclass 482 visa is a temporary visa with pathways to permanent residence in specific circumstances subject to meeting eligibility criteria.
The process to obtain a Subclass 482 visa consists of distinct stages including, the proposed employer seeking approval status as a Standard Business Sponsor, approval being obtained for a nominated position followed by the associated visa application.
Businesses must first become approved as a Standard Business Sponsor. As part of the application process, Australian businesses must, amongst other things, demonstrate lawful and active operation in Australia. Applicants must provide evidence of their business name registration, company registration where applicable, supply Business Activity Statements (BAS) and financial statements as well as declaring compliance with workplace and other applicable Australian laws.
Standard Business Sponsors are subject to sponsorship obligations and are routinely monitored by Australian Border Force to ensure compliance in relation to sponsored persons.
Following approval as a Standard Business Sponsor, businesses may nominate full-time positions for specific eligible occupations to be filled by overseas skilled workers. For nomination applications, there are strict requirements to be met at time of nomination, including but not limited to, labour market testing, minimum remuneration arrangements and payment of the Skilling Australians Fund levy.
Labour market testing must demonstrate that the business has advertised the nominated position in compliance with strict legislative requirements. Businesses are strongly encouraged to seek professional advice to ensure the requirements of labour market testing are met before nominating.
The salary level for the nominated position must be above the Temporary Skilled Migration Income Threshold (TSMIT) and the nominated salary must be no less than the Annual Market Salary Rate (AMSR) for the identified position. Careful calculation of the remuneration is critical and specific occupations are subject to caveats requiring minimum remuneration set by legislative instrument.
For the visa application, nominees must meet minimum work experience requirements, skill level requirements for their specific occupation, minimum English language levels as well as applicable Public Interest Criteria requirements. Genuine temporary entry criteria also apply to specific applicants. Subclass 482 visas contain strict conditions which include, amongst other things, adequate health insurance and mandatory licensing, registration and membership may apply to specific occupations.
