482 Workers & 494 Workers
482 Workers
The Temporary Skill Shortage (Subclass 482) visa enables employers to address labour shortages by sponsoring skilled foreign workers where they cannot source an appropriately skilled Australian (replaced the Subclass 457 visa on 18 March 2018).
The temporary Subclass 482 visa, has three Streams:
- Short-Term Stream: 1-2 year visa or up to 4-year visa (if International Trade Obligation applies) (STSOL applies)
- Medium-Term Stream: 1-4 year visa (MLTSSL and ROL apply)
- Labour Agreement Stream: available if the employer has entered into a Labour Agreement with the Department of Home Affairs
The Labour Agreement stream may be an option but it is a costly and lengthy process, it is not for unskilled labour and the positions must be at the ANZSCO Skill Level 1 (managers), Level 2 (professionals), Level 3 (technicians and trades workers) to Level 4 (community and personal service workers).
Sponsoring a foreign worker in Australia involves 3 Steps:
Step 1: Sponsorship Application
The business needs to be approved as a Standard Business Sponsor by lodging a Sponsorship application.
Step 2: Nomination Application
Employers nominate the position they wish to be filled by the skilled foreign worker (Nominee) by lodging a Nomination application which identifies the occupation to be filled. Before submitting a Nomination application, the business must conduct labour market testing (unless exempt) and meet salary and employment requirements. There are other nomination requirements. To enable employers to sponsor skilled foreign workers the SAF training levy is payable from 12 August 2018 at the time of lodgement. Either A$1,200 (business turnover less than A$10M) or A$1,800 (business turnover is A$10M or more) for each 482 Nominee and payable by the employer for each sponsored year.
Step 3: Visa Application
The applicant must be nominated, have appropriate skills and qualifications, demonstrate at least 2 years of full-time work experience relevant to the nominated occupation, meet English language requirements, and may need a skills assessment (depends on occupation). There are other visa requirements.
PR Pathway for Short-Term Stream (482 and 457)
On 17 March 2022, the Australian Government released legislation enabling Temporary Skill Shortage (Subclass 482) visa holders in the Short-Term Stream (occupation on the Short-Term Skilled Occupation List (STSOL)) who remained in Australia during the COVID-19 pandemic with a pathway to permanent residency (LIN 22/038). This pathway will be available for the Employer Nomination Scheme (Subclass 186) visa in the Temporary Residence Transition (TRT) Stream.
From 1 July 2022, visa holders who were previously ineligible will now qualify for permanent residency under the new rules. A visa holder who held a Subclass 482 visa in the Short-Term Stream since before 1 July 2019 will be able to apply immediately.
To be eligible the Subclass 482 visa holders must:
- have been in Australia for at least one year between 1 February 2020 and 14 December 2021; and
- meet all other nomination and visa requirements for the TRT stream of the ENS visa.
This pathway will be available for two years from 1 July 2022.
These arrangements also apply to Temporary Work (Subclass 457) visa holders with an occupation on the STSOL. This will allow eligible Subclass 457 visa holders to apply for the TRT stream of the ENS without first applying for a Subclass 482 visa.
Transitional arrangements for Subclass 457 visa holders seeking a permanent residence pathway through the TRT stream of the ENS came into effect when the Subclass 457 visa was replaced by the Subclass 482 visa. These transitional arrangements were due to end on 18 March 2022 but will continue to be available, to be reviewed within two years.
At TSMS, we can assist both employers and sponsored employees, helping with the immigration process which is complex and frequently changing. Whether you simply need some expert guidance or a complete solution, we are here to help. Visa holders who believe they qualify should contact Lisa Vorbach on 0416 084 889.
PR Pathway for Subclass 482 visa holders (ROL Occupation)
The Department of Home Affairs has announced in a news article dated 13 February 2023 that Temporary Skill Shortage (Subclass 482) visa holders with occupations on the Regional Occupation List (ROL) who have remained in Australia for at least one year between
1 February 2020 and 14 December 2021 (that is, during the pandemic) and at the time of application are lawfully employed will be eligible to apply for the Employer Nomination Scheme (Subclass 186) visa in the Temporary Resident Transition (TRT) Stream (LIN 22/038).
Applicants for this visa will have to meet all other standard criteria including:
- Subclass 482 visa (ROL) holders must have worked full-time in their nominated occupation for their employer for at least three of last four years as the holder of this visa
- Employer must be eligible to sponsor them again for a permanent position
The Department has confirmed that this PR Pathway is currently available for eligible visa holders with ROL occupations and there are no legislative changes required to give effect to this.
The Department has also advised that this PR Pathway will be available for two years from 1 July 2022, but as LIN 22/038 is not end-dated it would be a decision for the Australian Government to close the pathway on 1 July 2024 or continue it.
494 Workers
The Skilled Employer Sponsored Regional (Subclass 494) visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers.
Sponsoring a foreign worker in Australia involves 3 Steps:
Step 1: Sponsorship Application
The regional business needs to be approved as a Standard Business Sponsor by lodging a Sponsorship application.
Step 2: Nomination Application
Employers nominate the position they wish to be filled by the skilled foreign worker (Nominee) by lodging a Nomination application which identifies the occupation to be filled. Before submitting a Nomination application, the business must conduct labour market testing (unless exempt) and meet salary and employment requirements. There are other nomination requirements. To enable employers to sponsor skilled foreign workers the SAF training levy is payable from 12 August 2018 at the time of lodgement. Either A$3,000 (business turnover less than A$10M) or A$5,000 (business turnover is A$10M or more) for each 494 Nominee and payable by the employer (one-off payment).
Step 3: Visa Application
The applicant must be nominated, have appropriate skills and qualifications, demonstrate at least 3 years of work experience relevant to the nominated occupation, meet English language requirements, and will need a suitable skills assessment (unless exempt). There are other visa requirements.