SC 482 Visa

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Temporary Skill Shortage (TSS) - Subclass 482

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This visa enables Australian businesses to fill local skill shortage of workers in certain occupations by employing suitably skilled overseas workers. These workers can then to live and work in Australia, temporarily for up to 4 years. Employees can also bring along their family to live in Australia temporarily.

Depending on the occupation, this temporary work visa can be granted for upto 2 years (extendable to another 2 years) or 4 years. 

Workers with occupation in the Medium-term Skilled Shorateg list (4 years) may be able to apply for permanent residency under the Employer Nomination or Regional Skilled Migration Scheme. However workers with an occupation on the Short term skilled occupation list cannot apply for Permanent residency under ENS or RSMS Streams.

Application of a SC 482 visa is a 3-stage process:

Stage 1 – Standard Business Sponsorship (SBS) Approval

Australian business seeking to employ overseas workers on a SC 482 visa must first apply for a SBS Approval. This approval can last for up to 5 years. 

Eligibility requirements include:

  • Evidence of lawfully operating business in Australia
    • or, Business plan of an International business seeking to establish business operations in Australia
  • No adverse information regarding business or its principals in relation to commonwealth, state or territory law.
  • Meet Training benchmark
    • if the business has operated for 12 months in Australia.
    • or, provide an auditable Training plan for its Australian employees for a new business commencing operations in Australia.
  • Evidence of businesses financial status over the last 12 months (Balance sheet, Profit & loss statement etc.)
  • Evidence of employing Australian workers (citizens and permanent residents) for an existing Australian business.

Businesses already holding a valid SBS, can directly proceed to Stage-2 & 3 for nominating and applying for a SC 482 visa for employing an overseas worker

Stage 2 – Nomination Application

In this Stage, the SBS approved business seeks to etsablish their need for an overseas worker and provides details of the nominated position.

Evidence to be provided at this stage include:

  • Position Description statement of the Nominated occupation
  • Labour market testing - Evidences of activities undertaken to recruit workers locally
  • Genuine position - Establish the need for this employee/position within the business
  • Employment contract of the nominated employee
    • Including designation, job responsibilities and period of employment
    • Salary offered – should meet Market Salary for the occupation, and must be above the TSMIT (currently at $53,900 per annum)
    • Employment Terms and conditions
    • Evidence that the terms of employment is no less favourable to an Australian worker in the same position.
  • Meet the specific requirements for certain occupations which have additional caveats as prescribed.
  • Depending on the Occupation classifications, a nominee may be eligible for a maximum of 2 year (with one period of extension for an additional 2 years) or a 4 year period of the TSS visa

Stage 3 – SC 482 Visa Application

In this Stage, the nominated employee provides evidence of his eligibility for the nominated position by providing evidence of:

  • Skills and expertise
  • Education and Training qualifications
  • Past employment experience
  • English language ability
  • (certain occupations may require an Australian registration or licence)
  • Meeting the health and character requirements
  • Details of relationship of family members accompanying

The TSS (formerly SC 457 visa) Visa program has been the mainstay of many businesses in the past to meet the skills shortage in their industry. However, the Australian government has recently strengthened the integrity of this Temporary Skilled workers program in a phased manner. These changes also include reducing the period of employment and closing the Permanent residency pathway for certain categories of skilled workers.

eMA advices businesses and employees on all matters regarding SBS, Nomination and TSS SC 482 Visa application process.

Please contact eMA by purchasing a MAP for legal advice specific to your circumstances.

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