WERE YOU A USER OF THE 457 PROGRAM OR IS YOUR BUSINESS NEW TO THE 482 PROGRAM?

The 482 has three streams:

1. Short-term (ST) stream – maximum 2 year working visa with the possibility of a further 2-year renewal if you are in Australia or:
2. Medium-term (MT) stream –allows for a 4-year working visa with the possibility of permanent residency; or
3. Labour Agreement stream – this is the stream utilised where an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers.

There are three stages to sponsor under a 482 visa:

1. Sponsorship: The employer applies for approval as a standard business sponsor.
2. Nomination: The employer nominates an occupation for a prospective 482 visa applicant or existing 482 visa holder.
3. Visa application: The person nominated to work in the nominated occupation applies for a 482 visa

Important considerations for each:

SPONSORSHIP

You will need to evidence that your business is financially viable and able to support foreign nationals. This is done through company financials covering the last 12 months prior to lodgement of the application.

Overseas business sponsorship

If your company is based overseas it is possible to sponsor.  The business will need to either show that it is going to establish, or help establish, a business operation with connections with a business located outside Australia or fulfil, or help in fulfilling, a contractual obligation. For example you may have a business in Germany that needs to fulfil contractual obligations in Melbourne, Australia. In that case we would apply for overseas business sponsorship status.  

SKILLING AUSTRALIAN LEVY FUND (SAF) Skilling Australia Levy Fund (SAF)

The skilling Australians Fund (SAF) commenced on 12 August 2018. It replaces the training requirements where the company was to spend 1% of payroll on training Australian’s and permanent residents.  This requirement is now gone, it still however applies for historical 186 employer sponsored permanent residency and regional skilled migration.

The SAF is a fee paid at the nomination stage by the business, it is managed by the Department of Education and Training. Its purpose is to require employers who sponsor foreign nationals to contribute to the broader skills and development of Australians.

The Amount due for a 482 visa are listed below:

• AU$1,200 per visa per year for businesses with annual turnover below AU$10m
• AU$1,800 per visa per year for larger businesses

The benefit of the fund as opposed to the previous training requirement is that the burden of organising internal training and record keeping is gone. It simply requires a one of payment per visa.

NOMINATION

Labour market testing

Labour market testing is required for the Employer Sponsored Visa Subclasses: TSS visa (482), subclass 186 (ENS) and 187 (RSMS) visas. It tests the local market for suitably qualified Australian citizens or permanent residents. Companies are to advertise the role they wish to sponsor a foreign national for a minimum 4 weeks within a 4-month period of lodging the nomination application. There are specific requirements on the best way to advertise and how to evidence this.

Genuiness of role

This is an important criteria to be considered and addressed as required. Generally speaking the department would consider this requirement met if the position the business is sponsoring for is highly skilled with specific tasks outlined in ANZSCO.  The position must also fit clearly within the scope of the activities of the business. In practical terms it would be helpful to know that the position was previously held and that it was not a newly created position. Likewise it would be helpful to provide information of how the advertised position went through a transparent recruitment process.

VISA

Skill requirement

The visa applicant is required to evidence that they meet the skills threshold in that they have the necessary skills to perform the task for the nominated occupation. Whilst the skills required vary in accordance with the nominated occupation, all 482 visa applicants are required to have a minimum of two years’ relevant work experience. Each occupation also has a skill level as outlined in ANZSCO for example a minimum bachelor’s degree or higher qualification.

Police clearances

All applicants over 16 years of age are required to pass the character test for the visa. Police clearances are required for countries where an applicant lived for a period of 12 months or more in the last 10 years.

An accredited sponsor may be exempt from this requirement by attesting the applicant’s good character.

Watch this space for further information and contact us if you have any questions.

Ines Jusufspahic

Principal Solicitor at Rocket and Ash

MARN: 1276688