Allows Australian employers to sponsor skilled overseas workers for temporary roles in occupations facing skill shortages.
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On 7th December 2024, The Department of Home Affairs restructured 482 visas. This is the biggest restructuring since April 2017. The changes have streamlined the employer sponsorship program as it introduces more flexibility into the program.
In such cases, it is crucial to ensure that the new occupation is listed on the relevant skills list, particularly if not applying under the Specialist Skills stream. Proper planning and compliance with these requirements are essential to avoid complications.
We are a team of immigration specialists guiding individuals, families and corporates who aspire to migrate to Australia. Our migration consultancy has a successful track record in visa approval, with a fair fee structure.
The Skills in Demand (SID) program, subclass 482, allows employers to sponsor overseas staff to be employed by them in skill-shortage positions in their business.
Here is how it works: –
There are three stages involved in the Skills in Demand (SID) Program: –
All the above 3 are separate applications and have specific criteria to be met.
Whether you are an employer or visa applicant, please contact us, and we can explore how the Skills In Demand (SID) program can apply in your situation.
A 482 visa holder can cease employment with their sponsor, either due to the sponsor ceasing their employment or the visa holder ceasing their employment due to their own choice. The visa holder can work for a maximum of 180 days for any employer to a maximum of 2 employers, meaning a total of almost 12 months of unrestricted work but no more than 180 days per employer, which is not their sponsor.
To switch employers and work for a new sponsor, the 482 visa holder must transfer their 482 visa to a new employer. The new potential employer must lodge a new nomination with the Department of Home Affairs. The new sponsor must apply to be approved as a Standard Business Sponsor if not already approved as one. The new nomination must be in the same occupation as what the visa holder was approved unless a new visa is lodged with a new occupation
The visa holder can then be employed/ and sponsored by their new sponsor for the remaining time left on their visa.
Yes.
To do this, the visa holder must prove they are in a genuine relationship with their partner, even if married. If in a de-facto relationship, this is taken to mean that they are living together under the same roof as a couple for at least 6 months.
The employer must also agree in writing to meet their sponsorship obligations towards the secondary applicants. The subsequent dependant applicants will be granted a visa for the same period as the sponsored 482 visa holder
Yes.
The spouse of a 482 visa holder has unrestricted work rights – providing they are included in the application or are subsequently added into the application.
Your sponsor must inform the Department of Home Affairs within 30 days once your employment ceases. The Department of Home Affairs will grant up to 12 months to find a new sponsor or lodge a new visa application, which can be a different subclass of visa, such as a student or partner visa.
Your sponsor does not have the authority to cancel your visa; only the Department of Home Affairs can do that, and it goes through a process. You will be informed that the Department of Home Affairs intends to cancel your visa, as you will receive a NOICC – Notice of Intention to Consider Cancellation by email. This usually grants 7 days to show compelling reasons why the visa should not be cancelled.
Yes, it is mandatory to advertise the position. They must appear in 2 national reach Job -Boards or a professional recruitment website with a national reach, that publishes advertisements for positions throughout Australia. Typical Job Board websites are Seek, Indeed, Career-One, Career–Jet, and Linked-in and industry-specific websites can also be used. A job advert on the sponsor’s business website or Linked -In page is not accepted. The ad has to have compliant wording. Only if the nominee is from certain countries is there an exemption from advertising. These include countries with which Australia has a trade agreement, such as citizens/nationals of the UK, China, Japan, Mexico, Thailand, Malaysia, and Vietnam, or a citizen/national/permanent resident of Canada, Chile, South Korea, or Singapore.
If a new ABN is established, due to the sale of the sponsoring business, the new company/business will need to be approved as a Standard Business Sponsor under the new ABN. Then a new 482 nomination will need to be lodged linking your visa to the new nomination under that new ABN.
Before applying for a permanent visa, you must work on a subclass 482 visa for 2 out of 3 years (which can include working for your initial sponsor whose business has been recently sold and excluding any unpaid leave you may have taken for either sponsor). Both the occupation as well as the reporting structure has to be the same as it was before the business was sold
In limited circumstances, you can apply for a bridging visa if you are in Australia without a valid visa.
A bridging visa A or C is granted if an applicant in Australia, holds a valid visa and applies for another visa. It allows them to remain in Australia until a decision is made on their application.
If you are granted a bridging visa A, that visa is active and you want to travel outside of Australia while your application is being assessed, then you need to apply for and be granted a Bridging visa B, prior to your scheduled departure from Australia.
At all times, you must avoid being in Australia without a valid visa or a Bridging visa. Unlawful stays in Australia usually carry a three-year restriction on any temporary visa that allows re-entry into Australia.
482 visa holders have up to 180 days to find a new employer if their employment with their sponsor ends.
There are two application pathways for this category which are as follows:-
Applying for permanent residence under the Subclass 186 Employer Nominated Scheme allows previous employment on a 482 visa to count toward the two-year work requirement for the Subclass 186 Visa application. However, when you apply for the Subclass 186 visa, the nominator must be the current employer who sponsored your current 482 visa. This means you will need to transfer your 482 nominations to your current employer before becoming eligible for the 186 Temporary Residence Transition (TRT) stream.
After two years of the last three years of full-time employment, with an approved business sponsor, holding a 482 visa, in the nominated occupation on the CSOL list (or the previous Consolidated Skilled Occupation List), a 482 visa holder can apply for a 186 visa, Employer Nominated Sponsorship, under the 186 Temporary Residence Transition (TRT) Pathway.
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