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Work Visa – Subclass 482

What is this Visa?

This work visa, subclass 482 is commonly known as Temporary Skill Shortage visa (TSS visa). It replaced the old subclass 457 visa on 18 March 2018.

Employers facing labour shortages may sponsor skilled workers to Australia where they cannot employ locally. There are 3 streams under this visa subclass:

  • Short-Term stream

  • Medium-Term stream

  • Agreement stream

There is pathway to permanent residency through the Medium-Term and Agreement stream.

 

What is the Application Process?

There are 3 stages involved in the application processes:

stage 1: SPONSORSHIP APPLICATION

The employer must first be approved by the Department of Immigration as ‘Stnard Business Sponsor’. A sponsorship application along with the supporting documents must be lodged at the Department of Immigration. The sponsorship will be valid for up to five years once approved. During the sponsorship validity, the sponsor may sponsor as many individuals under this visa category as they wish. There are sponsorship obligations that the organisation must comply with as an approved temporary activities sponsor.

+ What is the criteria to be a Standard Business Sponsor?

  • you must be lawfully operating a business (whether in or outside Australia)
  • have no adverse information known about you or a person associated with you that could affect your suitability as a sponsor, unless it is reasonable for the Department to disregard the information
  • if you are lawfully operating a business in Australia, then you need to demonstrate commitment to employing local labour and will not engage in discriminatory recruitment practices.
  • if you are lawfully operating a business outside Australia, you intend to sponsor a foreign worker to assist in establishing a business operation in Australia or assist to fulfil your contractual obligation.

+ Who is responsible for costs?

  • The Sponsor is responsible for all costs. It cannot transfer the responsibility of costs to a 3rd party.
  • The Sponsor cannot recover any of the costs.
  • The Sponsor cannot benefit from sponsoring a foreign worker.

+ What are the sponsorship obligations?

Approved sponsors are required to meet a range of obligations as part of their sponsorship approval.

Tell the Department of Immigration when certain events occur

SBS are required to inform by email to sponsor.notifications@abf.gov.au.

Examples of things you must inform in writing include changes to your:

  • legal name
  • trading name
  • registration details
  • business structure
  • ongoing communication contact
  • owners, directors, principals or partners
  • business address

You must let the Department of Immigration know in writing if your business:

  • becomes insolvent or is bankrupt
  • goes into receivership, liquidation or administration
  • ceases to exist as a legal entity

You must let the Department of Immigration know in writing if the person you sponsor:

  • ceases employment with you
  • has a change in duties
  • did not commence working with you
  • You must also let us know in writing if there are any changes to how you meet your training obligations.

This obligation starts on the day we approve your standard business sponsorship or the work agreement commences.

This obligation ends two years after:

  • your sponsorship or the work agreement ends and
  • you no longer employ a sponsored visa holder

All businesses

Let the Department of Immigration know within 28 calendar days if:

  • the visa holder’s employment ends or is expected to end (the sponsor must tell us if the end date changes)
  • there are changes to the work duties carried out by the sponsored visa holder
  • you have paid the return travel costs of a sponsored visa holder or any of their family members in accordance with the obligation to pay return travel costs
  • you have become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
  • your business ceases to exist as a legal entity

Companies

Let the Department of Immigration know within 28 calendar days if a new director is appointed.

Also let the Department of Immigration know within 28 calendar days if an an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001:

  • the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001
  • a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001
  • a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001
  • a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001
  • the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001
  • procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001

Individuals

If you operate your business as an individual, let the Department of Immigration know within 28 days if:

  • you enter into a personal insolvency agreement under Part X of the Bankruptcy Act 1966
  • you enter into a debt agreement under Part IX of the Bankruptcy Act 1966
  • a sequestration order is made against your estate under Part IV of the Bankruptcy Act 1966
  • you become a bankrupt by virtue of the presentation of a debtor’s petition under Part IV of the Bankruptcy Act 1966
  • you present a declaration of intention to present a debtor’s petition under Part IV of the Bankruptcy Act 1966
  • a composition or scheme of arrangement is presented in relation to you in accordance with Division 6 of Part IV of the Bankruptcy Act 1966

Partnerships

Let the Department of Immigration know within 28 calendar days if:

  • a new partner joins the partnership
  • any of the events listed for an individual or a company occurs

Unincorporated associations

Let the Department of Immigration know within 28 calendar days if:

  • a new member is appointed to the managing committee of the association
  • any of the events listed for an individual or a company occurs

You must send details of these events by:

  • email (preferred): sponsor.notifications@abf.gov.au
  • submitting a 'Notification of sponsorship changes' form via ImmiAccount.

Ensure your employee works only in the nominated occupation

You must ensure that your sponsored employee works only in the occupation you nominated them for.

If you want a visa holder to work in a different occupation, lodge a new nomination.

If you are sponsoring them under the Temporary Skill Shortage visa (subclass 482), the employee will also need to apply for and be granted a new visa.

This obligation starts:

  • on the day we grant the nominee a visa or
  • on the day the nomination is approved if the nominee is already working for you

This obligation ends on the day (whichever is the earliest):

  • your employee has a nomination approved for a different approved sponsor
  • we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa
  • your employee leaves Australia and their TSS visa (or any subsequent bridging visa) is no longer in effect

If you are a standard business sponsor, you must employ the person you have sponsored under a written contract of employment.

Unless the nominated occupation is exempt, you cannot supply or be involved in recruiting or hiring the sponsored employee to another business unless:

  • you were lawfully operating a business in Australia when we approved your standard business sponsorship or when the terms of your approval were last varied, and
  • the business is an associated entity

This obligation ends on the day we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa.

This obligation continues we grant your employee another TSS visa to continue to work for you.

Ensure equivalent terms and conditions of employment

If you are a standard business sponsor:

  • the annual earnings of the employee must be at least the same as those stated on the nomination application when we approved the application
  • the employment conditions of the employee must not be less favourable than those of an equivalent Australian worker

Note, this obligation:

  • applies only if the annual earnings of the employee is less than AUD250,000.
  • also applies to labour agreement sponsors unless otherwise stated in the labour agreement

This obligation starts the day (whichever is the earliest):

  • the Department of Immigration grant your employee TSS visa or
  • the Department of Immigration approve your nomination if your employee already holds a TSS or subclass 457 visa

This obligation ends the day:

  • the nominated employee stops working for you or
  • we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa

This obligation continues we grant your employee another TSS visa to continue to work for you.

Provide training to Australians and permanent residents

If you are a standard business sponsor and you lawfully operated a business in Australia at the time we approved your standard business sponsorship or had the terms of your approval varied, you must contribute to the training of Australians by spending either:

  • an equivalent of at least two per cent of your payroll in payments to an industry training fund that operates in the same or related industry as yours
  • an equivalent of at least one per cent of your payroll training your employees who are Australian citizens or Australian permanent residents

The obligation begins on the day we approve your standard business sponsorship.

You must meet this obligation in each 12 month period you employ a sponsored visa holder, even if they are employed for less than twelve months.

If your approval as a standard business sponsor is varied, you must meet the training requirement if you employ one or more primary sponsored persons.

The obligation ends either:

  • three years after we approve your standard business sponsorship
  • if you are an accredited sponsor, six years after you are approved as a sponsor

Not engage in discriminatory recruitment practices

If you are a standard business sponsor who lawfully operates a business in Australia, you must not engage in, or have not engaged in, discriminatory recruitment practices that adversely affect Australian citizens, or any other person, based on their visa or citizenship status.

Keep records to show that in recruiting a TSS visa holder, you did not discriminate on citizenship or visa status.

Note: This obligation started on 19 April 2016. It is not engaged if discrimination in recruitment decisions is evident on other grounds such as sex, gender, race, social group or pregnancy. These issues are outside the remit of us and should be directed to other relevant agencies, such as the Fair Work Ombudsman or the Australian Human Rights Commission.

Keep records

You must keep records to show your compliance with your sponsorship obligations. All records must be kept in a reproducible format and some must be capable of verification by an independent person. In addition to records kept under other Australian government, and state or territory laws, also keep records of:

  • written requests for payment of travel costs for the employee or their family, including when the request was received
  • how and when you paid the travel costs, how much you paid, and who you paid it to
  • any event you need to report to us, including the date and method of notification and where the notification was provided
  • tasks performed by the employee in relation to the nominated occupation and where the tasks were performed
  • earnings paid to the sponsored visa holder (unless the sponsored visa holder earns AUD250,000 or more)
  • money applied or dealt with in any way on behalf of, or as directed by, the employee (unless the sponsored visa holder earns AUD250,000 or more)
  • non-monetary benefits provided to the employee. Record the agreed value and the time at which, or the period over which, those benefits were provided (unless the sponsored visa holder earns AUD250,000 or more)
  • if there is an equivalent worker in your workplace, the terms and conditions of the equivalent worker, including the period over which the terms and conditions apply (unless the sponsored visa holder earns AUD250,000 or more)
  • the written contract of employment you engage each employee under
  • how you are complying with the training obligations if you were lawfully operating a business in Australia when we approved your standard business sponsorship or the terms of your approval as a standard business sponsor were varied
  • the records you need to keep as party to a work agreement, if applicable

This obligation starts the day we approve your sponsorship or the nominee starts work with you.

This obligation ends two years after:

  • your sponsorship or the work agreement ends and
  • you no longer employ a sponsored visa holder

Provide records and information

You must provide records or information if requested by a departmental officer. The records or information will be those that:

  • you are required to keep under Commonwealth, state or territory law
  • you are obliged to keep as a sponsor

The records and information will be used to determine whether:

  • a sponsorship obligation is being or has been complied with, and
  • other circumstances in which the Minister might take administrative action exist or have existed
  • Provide the records or information in the manner and timeframe requested by us.

This obligation starts on the day we approve your standard business sponsorship or a work agreement starts.

This obligation ends two years after:

  • your sponsorship or the work agreement ends and
  • you no longer employ a sponsored visa holder

Assume all costs yourself

You must pay and assume all of the following costs yourself:

  • cost of becoming a sponsor
  • nomination charges
  • migration agent costs associated with sponsorship and nomination applications

You must also pay and assume all costs associated with the recruitment process including:

  • recruitment agent fees
  • migration agent fees
  • advertising
  • screening, short listing, interviewing and conducting reference checks of candidates
  • salaries of recruitment or human resource staff
  • outsourcing background checks, police checks and psychological testing
  • responding to queries from potential candidates and advising unsuccessful applicants
  • travelling nationally or internationally to interview and/or meet applicants
  • You must not, or attempt to, transfer or charge these costs to another person such as a sponsored visa holder or their sponsored family members.

This obligation starts on the day we approve your standard business sponsorship or the work agreement starts.

This obligation ends two years after:

  • your sponsorship or the work agreement ends and
  • you no longer employ a sponsored visa holder

Pay travel costs

You must pay reasonable and necessary travel costs to let the sponsored employee and their sponsored family members, leave Australia.

The Department of Immigration considers all of these costs to be reasonable and necessary:

  • travel from the employee's usual place of residence in Australia to their departure point from Australia
  • travel from Australia to the country for which the employee holds a passport and intends to travel to
  • economy class air travel or reasonable equivalent

To pay travel costs, a written request for payment must be made by:

  • the sponsored employee or
  • The Department of Home Affairs on behalf of the sponsored employee Travel costs must be paid within 30 days of receiving the request.

Pay travel costs once only. If, after paying travel costs your employee returns to Australia holding the visa for which you sponsored them, you don't have to pay their travel costs again.

This obligation starts on the day (whichever is earliest):

  • the Department of Immigration grant the visa
  • the Department of Immigration approve your nomination if the nominee held a TSS visa on that day

This obligation ends on the day (whichever is the earliest):

  • your employee has a nomination approved for a different approved sponsor
  • the Department of Immigration grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa
  • your employee leaves Australia and their TSS visa (or any subsequent bridging visa) is no longer in effect

Pay costs to locate and remove an unlawful non-citizen

If your sponsored employee or any of their sponsored family members becomes an unlawful non-citizen, you might have to repay the costs incurred by the Commonwealth in relocating and/or removing them from Australia.

If required, you must pay the difference between the actual costs incurred by the Commonwealth (up to a maximum of AUD10,000) less costs you might have already paid under your obligation to pay travel costs to enable sponsored people to leave Australia.

This obligation starts on the day your sponsored employee or family member becomes an unlawful non-citizen.

The obligation ends five years after they leave Australia. That is, we might require payment up to five years after your sponsored employee left Australia.

Cooperate with inspectors

Inspectors are appointed under the Migration Act 1958 (the Act) to investigate whether:

  • your sponsorship obligations are being, or have been, complied with
  • you have hired an illegal worker
  • there are other circumstances in which we could take administrative action

You must cooperate with inspectors by:

  • providing access to your premises, any person on your premises
  • producing and providing documents within a requested timeframe
  • complying with any other request made by an inspector

This obligation:

  • starts on the day sponsorship is approved or the visa applicant starts work in the nominated position
  • ends five years after the day the approved sponsorship ends or the applicant stops working for you

+ What are the consequences for breaching the obligations?

Monitoring of sponsors and visa holders The Standard Business Monitoring Unit will monitor your compliance with your sponsor obligations when you are a sponsor and up to five years after your sponsorship ends.

The Standard Business Monitoring Unit also monitor your sponsored employees to ensure they comply with their visa conditions

In response to information provided to the Standard Business Monitoring Unit, they might:

  • write to you to ask for information in accordance with the obligation to provide records and information
  • undertake site visits, usually to the sponsored business premises, with or without notice
  • exchange information with other Commonwealth, state and territory government agencies, including the Fair Work Ombudsman, the Department of Jobs and Small Business, and the Australian Taxation Office

Your compliance with the sponsorship obligations might be monitored by Immigration inspectors, Fair Work Inspectors or Fair Work Building Industry Inspectors who have investigative powers under the Migration Act 1958. Failure to cooperate with inspectors is a breach of your sponsorship obligations.

Subject to legislation passing, the Department will publish information identifying sponsors who have not complied with their sponsorship obligations and any action taken against them. Further information will be available if this occurs.

SANCTIONS

If you do not meet your obligations, the Standard Business Monitoring Unit could take one or more of the following actions:

Administrative The Standard Business Monitoring Unit might:

  • bar you from sponsoring additional visa holders for a specified time
  • not approve your application for sponsorship for this or any other visa
  • cancel all of your existing sponsorship approvals

Enforceable undertaking

The Standard Business Monitoring Unit might ask you to enter into an enforceable undertaking. Enforceable undertakings require you to promise, in writing, to undertake to complete certain actions to show that the failures have been rectified and won’t happen again.

Civil

The Standard Business Monitoring Unit might:

  • issue an infringement notice of up to AUD12,600 for a body corporate and AUD2520 for an individual for each failure
  • apply to a court for a civil penalty order of up to AUD63,000 for a corporation and AUD12,600 for an individual for each failure
  • Other circumstances in which administrative action might be taken

In addition, you could also have sanctions imposed if:

  • you provide false or misleading information to us or the Administrative Appeals Tribunal
  • you no longer satisfy the criteria for approval as a sponsor or for variation of a term of that approval
  • you have been found by a court or competent authority to have contravened a Commonwealth, state or territory law
  • the person you have sponsored breaks a law relating to the licensing, registration or membership needed to work in the nominated position

The types of actions that could be taken depend on whether you are a standard business sponsor or have a work agreement.

If you have sponsored someone under a work agreement, the Standard Business Monitoring Unit could suspend or terminate the agreement in accordance with the clauses of the particular work agreement.

stage 2: NOMINATION APPLICATION

Once approved as a sponsor, the second stage is for the organisation to lodge a Nomination application. This is a process of identifying a position to be filled by a skilled worker from outside Australia in an approved business. Nomination is required for both standard business sponsors and parties to a labour agreement.

The requirements for the Nomination Application are:

  • the occupation is must be on the Skilled Occupation List

  • the nominee has the skills, experience and English language required for the position

  • the nominee is provided equivalent employment terms and conditions, paid the market salary rate for the position and Temporary Skilled Migration Income Threshold “TSMIT

  • there is a genuine need for the paid position

  • meet Labour Market Testing “LMT”, unless an International Treaty Obligation “ITO” applies

  • pay levy, Skilling Australia Fund “SAF

  • be directly employed by the sponsor unless exempted

  • there are no adverse information, including an associated person

+ 1. What are the salary requirements?

Employers who wish to nominate workers for subclass must meet certain salary and employment condition requirements. These requirements help to ensure that:

  • overseas workers are paid no less than an Australian worker would doing the same work in the same location, that is, the 'annual market salary rate (AMSR)'
  • these visa programs are not used to undercut the Australian labour market

If the overseas worker will be paid an annual salary less than AUD250,000 you need to show:

  • you have determined the AMSR correctly
  • the overseas worker will not be paid less than the AMSR, that is, less than an Australian worker would be paid
  • both the AMSR and what the overseas worker will be paid, excluding any non-monetary benefits in both cases, is no less than the Temporary Skilled Migration Income Threshold (TSMIT).

Temporary Skilled Migration Income Threshold

The Temporary Skilled Migration Income Threshold (TSMIT) is currently AUD53,900.

Both the AMSR for the nominated occupation and the guaranteed annual earnings you will pay to the worker must be at least as much as the current TSMIT.

The TSMIT does not include non-monetary benefits such as accommodation or a car. Such benefits must be paid in addition to the TSMIT.

Annual market salary rate

The Annual market salary rate (AMSR) is determined by looking at what you would pay equivalent Australian workers, enterprise agreements or industrial awards, job outlook information, advertisements for the last 6 months in the same location, remuneration survey or advice from unions or employer associations.

Determining the AMSR Where there is an equivalent Australian worker The AMSR is what you are paying this worker.

If the worker's salary is based on an enterprise agreement or industrial award, you provide:

  • the name of the agreement or award as recorded by the Fair Work Commission, where applicable
  • the salary level or occupation group that applies to the nomination

If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, provide:

  • copies of relevant employment contracts and
  • pay slips for this employee

Note:

  • An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee.
  • If the nominated overseas worker will be paid less than the equivalent Australian worker, we will refuse the nomination.
  • If you provide only generic market salary data or salary surveys, we will refuse the nomination.

Where there is no equivalent worker but there is an enterprise agreement or industrial award

Provide:

  • the name of the agreement or award as recorded by the Fair Work Commission, where applicable
  • the salary level or occupation group that applies to the nomination

Where there is no equivalent worker, agreement or award

You must determine and then show us what the ASMR is.

Explain how you used relevant information to determined what the equivalent worker will be paid. Relevant information must include at least two of the following:

  • Job Outlook information
  • advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area)
  • remuneration surveys completed by a reputable organisation
  • written advice from unions or employer associations

Note:

  • If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, we might refuse your nomination application.
  • If the market salary rate determined is a 'range', explain and provide specific details regarding why you selected that AMSR.

+ 2. How to undertake Labor market testing?

You must show the Department of Immigration you can't find an suitable Australian worker. Before you nominate an overseas worker, you will need to test the local labour market.

Labour market testing generally involves advertising the position in Australia.

How and when you test the market, and what proof the Department of Immigration require, will depend on which stream you are nominating under.

Check first to see if:

  • you are exempt or
  • alternative arrangements apply

TSS visa (subclass 482) Short-term stream and Medium-term stream labour market testing

Sponsors must provide a copy of the advertising material used to advertise the position must be provided (i.e. a copy of the two advertisements that meet our requirements) when you nominate an applicant.

Advertising must be done:

  • within the 4 months immediately before lodging a nomination application
  • if within 4 months of lodging the nomination application, and if the sponsor or an associated entity has made any Australian citizen or permanent resident workers redundant or retrenched them from positions in the nominated occupation - since the date that these events occurred. Note: when this occurs, information about these redundancies or retrenchments must also be provided.

The advertisement was in Australia, in English and included the following information:

  • the title, or a description, of the position. Note, multiple positions in one advertisement are acceptable
  • the skills or experience required for the position
  • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor and
  • the salary for the position - if the annual earnings for the position are lower than AUD96,400. Note: it is acceptable to publish a salary range—for example AUD80,000 to AUD90,000.

at least 2 advertisements were published in any of the below:

  • on a prominent or professional recruitment website with national reach (for example jobactive.gov.au) that publishes advertisements for positions throughout Australia.
  • industry specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising.
  • a general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods. LinkedIn's online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes.
  • in national print media—that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia
  • on national radio—that is, radio programs that are broadcast or syndicated nationally or
  • on the business' website if the sponsor is an accredited sponsor.
  • advertisements including on websites, are expected to have run for at least 4 weeks.
  • applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks.

Note:

  • the nominated position may be advertised in the same medium (such as newspaper advertisements - on two separate occasions) or in any two different mediums simultaneously, or on two separate occasions
  • advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) - there is no requirement that the sponsor placed the advertisement themselves.

Labour market testing for non-immigration purposes

Outside of the immigration application context, Australian law may impose labour market testing requirements for particular industries to ensure that Australian workers are given priority.

The Building Code 2016, for example, imposes certain requirements on employers when they seek to employ people to undertake building work who are not Australian citizens or permanent residents. For more information, see Australian Building and Construction Commission.

Prospective sponsors are encouraged to ensure that they familiar with any such requirements before considering nominating an overseas worker for a particular position.

+ 3. What are the exemptions to Labour Market Testing?

Labour Market Testing is not required where it would conflict with Australia's international trade obligations, in any of the following circumstances:

  • the worker you nominate is a citizen/national of China, Japan or Thailand, or is a citizen/national/permanent resident of Chile, South Korea, New Zealand or Singapore
  • the worker you nominate is a current employee of a business that is an associated entity of your business and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam), Chile, China, Japan, South Korea or New Zealand
  • the worker you nominate is a current employee of an associated entity of your business and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of international trade obligations and the nominee will be responsible for the entire or a substantial part of your company's operations in Australia
  • your business currently operates in a WTO member country or territory and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of international trade obligations
  • the worker you nominate is a citizen of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years.

For the purposes of international trade obligations, the following occupations are considered to be Executives or Senior Managers:

  • Advertising Manager (131113)
  • Chief Executive or Managing Director (111111)
  • Chief Information Officer (135111)
  • Corporate General Manager (111211)
  • Corporate Services Manager (132111)
  • Finance Manager (132211)
  • Human Resource Manager (132311)
  • Sales & Marketing Manager (131112)
  • Supply and Distribution Manager (133611)

Alternative submission requirements apply in the following cases:

Where the occupant to has to have an internationally recognised record of exceptional and outstanding achievement in a profession or a field (such as a sport, academia and research, or as a top-talent chef)

  • Your submission should explain why the specific individual nominated is the only person, or one of very few people, who could undertake the nominated position.

Where there is new nomination for an existing TSS or subclass 457 visa holder solely because the annual earnings that will apply to the nominee have changed or a change in business structure has resulted in the nominee's employer lodging a new application to be approved as a standard business sponsor.

  • Your submission should explain that the position is already filled by an existing TSS or subclass 457 visa holder, but why a new nomination is required (for example, due to a business restructure).

Where there is an intra-corporate transfer (ICT) the transfer of an existing employee of a company to another branch or associated entity of that company operating in Australia

  • Your submission should explain the need for an ICT transfer and documentation outlining the transfer arrangement.

Where the annual earnings will be equal to or greater than AUD250,000

  • Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process.

*Where the nominees are within:

-ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999))

-ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics.*

  • Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via a regular bulk recruitment exercise.

+ 4. How much is SAF levy?

On 12 August 2018, the Department of Immigration implemented the new SAF levy. This levy will contrubute to the Skilling Australians Fund operated by the Department of Education and Training, with the aim to grow apprenticeships and trainee programs to support Australian jobs and growth.

The levy replaced the former training benchmark requirements found in the predecessor visa, subclass 457.

Each nomination application must be accompanied with the levy payment at the time of application. The charges are:

  • For business with annual turnover of less than $10 million: $1,200 per year
  • For business with annual turnover of more than $10 million: $1,800 per year

stage 3: visa application

This application relates to the person who needs to demonstrate that they satisfy the prescribed visa criteria, such as:

  • skills and qualification

  • at least 2 years of experience in the nominated occupation

  • English language proficiency

  • health and character

  • skills assessment & registration/license (if applicable)

  • genuine temporary entrant “GTE” (only for occupations on Short-Term List)

  • maintain adequate health insurance during the duration of visa

The primary visa holder may bring their dependents with them. If the primary visa applicant is in Australia, be holding a substantive visa, bridging visa A, B or C.

The primary visa applicant must also meet additional requirements that are specific to their nominated stream.

+ 1. How long will the visa be granted for?

  • 2 years if your occupation is on the Short-Term list (unless ITO obligation apply)
  • 3 years if you are a Thai citizen/national
  • 4 years if your occupation is on the Medium-Term list
  • If you are a dependent child, until your 23rd birthday

An ITO applies if:

  • you are an intra-corporate transferee:
  • your company is based in a World Trade Organization (WTO) Member country or territory
  • you are an 'Executive or Senior Manager occupation'
  • you are the citizen of a WTO Member country or territory; or
  • you are a citizen/national of China; or
  • you are an intra-corporate transferee from a Singapore based company and a Singapore citizen/permanent resident; or
  • you are an intra-corporate transferee from a Thailand based company and a Thai citizen/national; or
  • your Thailand based business wants to start a business in Australia
  • you are an 'Executive or Senior Manager occupation'
  • you are a Thai citizen/national

+ 2. What is the English language requirement?

To meet the English language requirements:

you are a passport holder from:

  • Canada
  • New Zealand
  • the Republic of Ireland
  • the United Kingdom
  • the United States of America

you have completed at least 5 years of full-time study in at least a secondary level institution and most classes were in English. You need to provide the following information:

  • name and location of the institution/s
  • level of qualification/s
  • official transcript from the secondary and/or tertiary institution
  • number of contact hours per week in English
  • number of years of study

your nominated occupation in Australia is at a:

  • diplomatic or consular mission of another country
  • an Office of the Authorities of Taiwan

you are an employee of an overseas business coming to work for that same business or its associated entity and you must have a guaranteed annual earnings of at least AUD96,400

complete an English language test within 3 years from the date of submitting a valid visa application and achieved the following test results:

If your occupation is on the Short-Term list

  • International English Language Testing System (IELTS) - Overall band score of at least 5.0 with a score of at least 4.5 in each of the test components.
  • Occupational English Test (OET) - Score of at least ‘B’ in each of the four components
  • Test of English as a Foreign Language internet-based Test (TOEFL iBT) - iBT total score of at least 35 with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of speaking and writing
  • Pearson Test of English Academic (PTE Academic) - Academic overall test score of at least 36 with a score of at least 30 in each of the test components
  • Cambridge C1 Advanced test - Overall test score of at least 154 with a score of at least 147 in each of the test components.

If your occupation is on the Medium-Term list

  • International English Language Testing System (IELTS) - Overall band score of at least 5.0 with a score of at least 5 in each of the test components.
  • Occupational English Test (OET) - Score of at least 'B' in each of the four components
  • Test of English as a Foreign Language internet-based Test (TOEFL iBT) - iBT total score of at least 35 with a score of at least 4 for each of the test components of listening and reading, and a score of at least 14 for each of the test components of speaking and writing
  • Pearson Test of English Academic (PTE Academic) - Academic overall test score of at least 36 with a score of at least 36 in each of the test components
  • Cambridge C1 Advanced test - Overall test score of at least 154 with a score of at least 154 in each of the test components.

+ 3. Which occupations require skills assessment?

Certain occupation listed in the Legistative Instrument require skills assessment. You must provide evidence that you have arranged to undertake or completed your skills assessment.

 

What We Like About This Visa?

This visa subclass provides opportunity for employer to access skilled and semi-skilled talents for temporary period. It is designed to stimulate the economy of Australia and support Australian businesses.

  • There are no age limitation.

  • Surprisingly, out of all the 107 Australian visas, the subclass 482 still maintains as one of the cheapest and quickest pathway to permanent residency.

  • The concept of ‘self-sponsorship’ is available if prepared correctly.

  • There is room to overcome English language requirements.

  • All 3 stages - Sponsorship, Nomination, Visa applications can be lodged simultaneously.

  • There are no Schedule 3 requirements, this means that if a person overstays, and become an unlawful non-citizen, there are ways to get on to this visa without departing Australia.

 

What Mistakes Do People Usually Make?

As part of strengthening the migration program, we’ve observed a trend of refusals stemming from poorly prepared application, such as:

  • The visa applicant does not meet genuine temporary entrant (GTE) test.

  • An incorrectly strategized application leads to the visa applicant losing an opportunity to lodge an appeal to the Tribunal.

  • There is no genuine need for the paid position.

  • The visa applicant is not offered terms and conditions equivalent to an Australian (including salary).

  • Labour Market Testing was not uploaded at the time of lodging the nomination application.

  • Caveats on the occupation.

 

Client Testimonials

….we call it Support Network

As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meeting in person.

These are their stories…

 

What Questions Do Migration Agents Ask Our Accredited Specialists

  1. Under what business structure, can a job placement company, apply to be a sponsor with the sole purpose of charging a fee to visa applicants? And is there a method which would allow the sponsor to place the visa applicant with another unrelated business?

  2. How can employers charge a payment to the visa applicants in exchange to sponsor, without being caught under the immigration offence ‘cash for visa’?

  3. How many types of visas (including streams), can a Temporary Activities Sponsor benefit from, in sponsoring more candidates? And are there any difference in the sponsorship obligation?

  4. Can a visa applicant pay for costs related to the visa applicant? or must the Sponsor pay for all costs? How do I explain & educate my client, a large company who does not wish to pay for any costs for the sponsorship because the Director feels that the visa applicant has more to benefit than the company.

  5. In what circumstances will a visa applicant lose their right to appeal a refusal?

 

How Much Do We Charge?

Professional Fees

Sponsorship Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Nomination Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Visa Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Dependent Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Credit Card Surcharge
- MasterCard: 1.5%
- VISA: 1.67%
- American Express: 2.75%
- EFTPOS: 30 cents

Immigration
Charges

Sponsorship Application
- $420

Nomination Application
- $330

Levy Charges
- $1200 per annum (<$10m)
- $1,600 per annum (>$10m)

Visa Application
- $1,000 (over 18 years)
- $2,000 (under 18 years)
- $700pp (applying in Australia)

Health Check
- $330 (chest x-ray)
- $330 (medical exam)

Credit Card Surcharge
- MasterCard: 1.32%
- VISA: 1.32%
- American Express: 1.40%
- Diners Club: 1.99%
- JCB: 1.40%

Other
Charges

Police Clearance
- $47 (Australia)
- TBA (Outside Australia)

Health Insurance
- TBA

Interpreter & Translator
- TBA

Job Advertisements
- TBA

Other 3rd Party Services
(only if applicable)
- Recognized Prior Learning
- Skills Assessment
- Registration/Membership/Licence
- Labour Market Testing (Unions only)
- Business Plan writers
- Accounting services
- Researchers for salary, LMT, etc







Presenting….
a newer & better
financial expectation

The beautiful part is that if you find that your immigration lawyer does not meet your expectations, you have the option of changing immigration lawyers with different teams, without having to completely change law firms where they’d charge a significant amount as part of the initial fact finding and preliminary advice.

 

Why are there different prices for the same service?

We have a variety of legal professionals, allowing you the freedom to choose according to lawyer’s fees, speed, experience and most importantly a personality that matches yours. This way, our clients get the best of shopping around different law firms while eliminating the need to re-tell the story again and transferring of supporting documents. Naturally, junior lawyers charge lower fees and the more years of experience our lawyers gain, the higher their fees. However, it is not all always about profitting, some of our lawyers are open to pro bono cases (free legal advice).

What are the Legal Personas to Choose From?

Our lawyers are considered “book-smart”, while others are more inclined towards being labelled “street-smart”. The younger lawyers tend to be very fast & responsive, but a handful are slow (although they beg to differ, that slow & steady wins the race). The older lawyers are usually more attentive and have a reputation of customer relations. But if money is no object, you can engage a bunch of them, or all of them.

Similar to the concept of “shopping centers”

…...ALL UNDER 1 ROOF 
shopping around has never been easier