Subclass 482 Visa Requirements (for employers) Australia 2022

Both overseas workers and employers need to meet different requirements to be eligible to apply for the subclass 483 visa also known as the temporary skill shortage visa.

Subclass 482 Visa Eligibility Requirements for Foreign Employees

As a worker from overseas, you can apply for a 482 visa or permanent visa if you:

Meet the Department of Home Affairs requirements for health and character, and have health insurance.
Have the relevant English requirements.
Have a nominated occupation on one of the occupation skill lists.
Meet all the requirements of the 482 visa stream you apply for.
Have at least two years’ work experience and the qualifications and pass the skills assessment where required.
Have an approved sponsor that nominates you for an approved position.
Are already in Australia, you have either a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or subclass 030 (Bridging C) visa.
Complied with the conditions of your previous visa.

Subclass 492 Visa (TSS visa) Eligibility Requirements for Employers

To become a sponsor of a TSS visa is a three-step process for an employer. You must:

Supply documented evidence.
Lodge the application form and pay the $AU420 fee.
Approval. When approved, it is valid for 5 years and they will receive a transaction reference number (TRN).

To be an eligible sponsor, a business must be either a:

Registered business operating in Australia.
Business not operating in Australia but either has contractual obligations or is planning to expand operations into Australia.
New business.

1Steps

Collect Documented Evidence

As part of an employer’s application to become a standard business sponsor for a TSS visa, they need to supply documented evidence that supports their business is legally operating in Australia. This includes:

An Australian Business Number when the business is in Australia.
An Australian Registered Body Number if the business is registered to operate in Australia but are overseas.
Evidence of business registration in another country if not already operating in Australia.
A copy of the registered business name if it is a company or a franchisee, trust deeds or a joint venture agreement, or relevant information such as signatures on contracts.
Copies of financial, bank and Business Activity Statements for the last 12 months and tax returns.
Details of the business such as the main shareholders, partners, owners and directors.
Have no relevant unfavourable information against the business.

*This is not an exhaustive list and many other documents are required as assessed on a case by case for employers.

Also, an employer must confirm, in writing, the business either has a strong record or can demonstrate a commitment to employing local people.

The employer is also required to declare the business is not and will not be discriminatory during the recruitment process.

2Steps

Lodge a Standard Business Sponsor Application Form

Now all the relevant documents are ready, the employer lodges a standard business application form and pays the $AU420 fee.

This can be done online by registering for an ImmiAccount.

To ensure the employer has all the relevant documents ready to add to the application, talk to one of our specialist migration agents. Direct Migration Experts makes sure all the documents meet the application criteria. We make it easy and it speeds up the process when all the supporting documentation is prepared properly.

3Steps

Nomination

Nomination is a process of identifying a position to be filled by a foreign employee. In order for the nomination to be approved, the business must demonstrate the following:

Needs to fill a position and have made every effort to employ an Australian citizen or permanent resident through Labour Market Testing
The nominee is offered the same terms and conditions as you do to Australian employees.
Pays a salary that meets the market rate.
Complies with Australian workplace and immigration law
the skills and experience required for the position

Before you can apply for a subclass 482 visa; for example, your sponsoring employer must lodge a nomination form with your name on it. Immediately after the employer lodges the nomination form, you can lodge your visa application. This is a pathway to permanent residency.

Genuine need for the nominated role

The sponsoring business needs to demonstrate that it has a genuine need for the nominated occupation and Department of Home Affairs look at the following:

Nature and scope of the business activities of the nominator, including any demonstrated increases in business activity.
Any demonstrated plans for future expansion.
The likely impact on the business if the nomination was refused.

Nomination application requirements

Once your employer receives a TRN, they can nominate you but they must also demonstrate their business meets the following. A sponsoring business must:

Meet training requirements.
Need to fill a position and have made every effort to employ an Australian citizen or permanent resident.
Have advertised the position.
Be offering the same terms and conditions they do to Australian employees.
Pay a salary that meets the market rate.
Comply with Australian workplace and immigration law.

Your sponsor will need to meet the following mandatory requirements as part of the nomination application:

Your sponsor will need to meet the following mandatory requirements as part of the nomination application:
Training Levy (Skilling Australians Fund Levy)
Training Levy (Skilling Australians Fund Levy)

Labour market testing

As part of the nomination process the employer must demonstrate they have tested the Australian labour market to show evidence they cannot find a suitable employee in Australia. for the nominated occupation This means an employer must advertise the job on the open job market in the following time frames:

Within four months immediately prior to lodging a nomination application.
Where there is a redundancy in the 4 months before lodging an application, they must have advertised after the redundancy.

Advertising the position

For labour market testing, the employer’s advertising must meet all of the following:

The ad must be in English and they must advertise in Australia.
The employer must publish at least three advertisements in any of the following ways:
- On a professional recruitment agency website such as Seek or an industry specific website.
- Jobactive.gov.au (free Australian government website)-mandatory
- LinkedIn
- In print in newspapers or magazines that are nationally marketed and released at least monthly.

Skilling Australians Fund Levy

Your sponsor will need to pay a Skilling Australians Fund (training) levy at the time of nomination. The levy is calculated on a per applicant basis and according to the number of years required for the visa as follows:

A small business with a turnover of less than $10 million will pay $1,200 per nomination year for a subclass 482 visa, for example. A large business pays $1,800 per nomination year.
If the employee is applying for a four-year visa, the employer must pay the annual payments at the time of lodging the nomination form. This means a small business will pay $4,800 when lodging the form.

Salary – Australian market rate requirements

The salary for the nominated position must be:

Above the Temporary Skilled Migration Income Threshold (TSMIT). The current TSMIT threshold is $53,900 plus superannuation and reviewed each year by the Department of Home Affairs.
Within the market rate for the role to ensure the applicant will be paid the equivalent or in line with Australian employees in comparable roles.

There are some occupations that have caveats which set a minimum remuneration level that is well above the TSMIT.

Direct Migration Experts can help

Contact the specialists at Direct Migration Experts for help with a TSS visa. We can help you every step of the way to make your subclass 482 visa application or your sponsorship application a stress-free process. We can assess your eligibility and help you understand what is involved and let you know if you can bring family members as well. It is a pathway to permanent residency.

Working with us means your application will meet the requirements which gives you a high chance of success. Call us today on 1300 015 592 to talk to one of our friendly migration experts.

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Subclass 482 Visa Requirements for Employers