You can apply online through ImmiAccount.
Temporary Skill Shortage Visa (subclass 482) Labour Agreement Stream
Overview
The Temporary Skill Shortage visa (subclass 482), under the Labour Agreement stream, serves as a bridge for skilled workers nominated by employers to reside and work temporarily in Australia. These nominations are facilitated through Labour Agreements forged between the Australian Government, represented by the Department, and respective employers.
Highlights
- Overview of the Temporary Skill Shortage Visa: It serves as a temporary work visa for skilled workers nominated by employers, facilitated through Labour Agreements.
- Stay Duration and Costs: Allows a maximum stay of 4 years, extendable to 5 years for Hong Kong passport holders, with an application cost starting from AUD3,035.00.
- Permissible Activities: Holders can work for the sponsoring employer, pursue studies, travel to and from Australia, and qualify for employer-sponsored permanent residence.
- Eligibility Criteria: Includes nomination for a specified occupation, 2 years of relevant work experience, relevant skills assessment, sole employment with the sponsoring employer, and meeting English language proficiency standards.
- Extensions and Pathways to Permanent Residency: Hong Kong passport holders enjoy an extension of 5 years and a pathway to permanent residency after 5 years of stay.
- Including Family Members: Applicants can include eligible family members in their application, subject to specific conditions.
- Cost Breakdown and Application Process: Details the visa fee structure, additional charges, and the application process from within or outside Australia.
- Processing Times and Obligations: Processing times vary based on individual circumstances, and applicants must meet all visa conditions and abide by Australian laws.
- Travel and Work Conditions: Visa holders can travel outside Australia and return multiple times while adhering to work conditions specified in the Labour Agreement.
- Conclusion: Highlights the significance of the visa in addressing skill shortages, emphasizes adherence to eligibility criteria and visa conditions for professional growth and potential pathway to permanent residency.
Stay Duration and Costs
Under this visa category, individuals can stay for a maximum of 4 years, as stipulated by the terms outlined in the labour agreement. However, for Hong Kong passport holders, an extended stay of up to 5 years is permissible. The application cost for this visa starts from AUD3,035.00.
Permissible Activities
With the Temporary Skill Shortage visa (subclass 482), individuals are granted the privilege to engage in various activities during their stay in Australia, including:
- Working for the sponsoring employer for a period of up to 4 years, extendable to 5 years for Hong Kong passport holders.
- Pursuing studies without government assistance.
- Frequent travel to and from Australia within the validity period of the visa.
- Qualifying for employer-sponsored permanent residence through the Employer Nomination Scheme (subclass 186).
Eligibility Criteria
To qualify for this visa, applicants must fulfill several prerequisites, including:
- Nomination for a specified occupation as per the terms of a Labour Agreement.
- Possession of at least 2 years of relevant work experience in the nominated occupation or a related field.
- Attainment of a relevant skills assessment if mandated for the nominated occupation.
- Sole employment with the sponsoring employer.
- Meeting minimum standards of English language proficiency unless exempted.
Extensions and Pathways to Permanent Residency
Current temporary skilled visa holders from Hong Kong enjoy an extension of 5 years, in addition to their existing stay, starting from July 9, 2020. Furthermore, both current and prospective temporary skilled visa holders from Hong Kong are eligible for a pathway to permanent residency after 5 years of stay in Australia.
Including Family Members
Applicants have the option to include eligible family members, termed as ‘secondary applicants,’ in their visa application. The inclusion of family members depends on whether the applicant holds a subclass 457 or TSS visa, with specific conditions applicable in each scenario.
Cost Breakdown and Application Process
The visa fee structure includes AUD3,035.00 for the main applicant and additional charges for dependents. Applicants are also required to cover costs related to English language tests, health checks, police certificates, and biometrics. The application process allows individuals to apply from within or outside Australia, subject to specific visa requirements and processing times.
Processing Times and Obligations
The processing times for visa applications vary based on individual circumstances and compliance with documentation requirements. Applicants are obliged to meet all visa conditions and abide by Australian laws, including commencing employment within 90 days of visa grant.
Travel and Work Conditions
Visa holders are permitted to travel outside Australia and return multiple times while the visa remains valid. However, the duration spent outside Australia does not extend the visa validity. Work conditions mandate employment solely within the nominated occupation and for the nominating employer specified in the Labour Agreement.
Conclusion
The Temporary Skill Shortage visa (subclass 482) Labour Agreement stream serves as a crucial mechanism for addressing skill shortages in Australia while facilitating the temporary relocation of skilled workers. By adhering to the outlined eligibility criteria and visa conditions, individuals can capitalize on diverse opportunities for professional growth and potentially secure a pathway to permanent residency.
Eligibility Requirements for the Temporary Skill Shortage Visa
Working Under a Labour Agreement
Applicants must be employed under a labour agreement established between the Commonwealth and the nominating employer. The nominated occupation must align with the terms specified in the relevant labour agreement.
Work Experience
A minimum of 2 years of work experience in the nominated occupation or a related field is mandatory, unless specified otherwise by the terms of the labour agreement.
Nomination Requirement
Applicants must receive nomination for the visa. This nomination is typically facilitated by the sponsoring employer in accordance with the provisions outlined in the labour agreement.
Health Requirement
Both the primary applicant and any accompanying family members must meet the health standards set by the Australian government.
Character Requirement
Individuals aged 16 years and above, including family members applying for the visa, must satisfy the character requirement stipulated by Australian immigration authorities.
English Language Proficiency
Applicants should possess a level of English language proficiency appropriate for their nominated occupation. Generally, English language requirements equivalent to the short-term stream of the Temporary Skill Shortage (TSS) visa apply, unless specific concessions are granted in the labour agreement.
Australian Values Statement
Adult applicants (aged 18 years and older) are required to acknowledge their commitment to respecting the Australian way of life and adhering to Australian laws by signing the Australian Values Statement.
Health Insurance Requirement
Applicants are personally responsible for all healthcare expenses incurred during their stay in Australia. Adequate health insurance coverage for the entire duration of the stay is mandatory, encompassing medically necessary treatments and transport.
Debt Repayment Obligation
Any outstanding debts owed to the Australian government by the applicant or their family members must be settled or arrangements made for repayment before the visa application can be processed.
Immigration History
Applicants’ immigration history, including any prior visa cancellations or refusals, will be considered during the assessment process. A history of visa cancellations or refusals may impact eligibility for the Temporary Skill Shortage visa.
Navigating through these eligibility criteria ensures that applicants are well-prepared to meet the requirements and proceed with their visa application process smoothly.
Guide to Applying for the Temporary Skill Shortage Visa
Step 1: Before You Apply
- Organize Health Exams: Arrange for health examinations either before or after applying for the visa as per the instructions provided.
- Get Help with Your Application: Seek assistance from authorized individuals, such as registered migration agents, legal practitioners, or exempt persons, if required.
Step 2: Gather Your Documents
- Provide Accurate Information: Ensure all information provided is accurate to avoid complications during the application process.
- Identity Documents: Submit proof of identity, including passport pages and any relevant change of name documents.
- Skills and Occupation Documents: Include essential documents such as skills assessment reference numbers, qualification certificates, employment references, and curriculum vitae.
- English Language Skills Documents: Demonstrate proficiency in English as required by the labour agreement or prospective employer.
- Health Insurance: Provide evidence of adequate health insurance coverage for the duration of the stay in Australia.
- Character Documents: Furnish Australian and overseas police certificates, military service records, and any additional forms if required.
- Partner Documents: Submit identity, character, and relationship documents if applicable, including marriage certificates or evidence of a de facto relationship.
Dependants’ Documents: Provide necessary documents for dependents under 18 years old, including passports, birth certificates, and parental responsibility documents.
Step 3: Apply for the Visa
- Provide Accurate Information: Complete the online application process in ImmiAccount with accurate details and attach the required documents.
Step 4: After You Apply
- Status Updates: Monitor the progress of your application through ImmiAccount and respond promptly to any requests for additional information.
- Travel After You Apply: Do not make travel arrangements to Australia until notified in writing of the visa grant.
- Attach More Information: Submit any outstanding documents or information requested by immigration authorities.
- Stay Lawful: Maintain lawful status in Australia by holding a valid visa while the application is being processed.
- Add Family: Refer to eligibility criteria and include eligible family members in the visa application if applicable.
- Mistakes on Your Application: Report any errors or changes in circumstances using the appropriate forms and upload them to ImmiAccount.
- Tell Us If Things Change: Keep immigration authorities informed of any changes to personal details or circumstances during the application process.
Step 5: Visa Outcome
- Visa Grant Notification: Receive written confirmation of the visa outcome, including grant number, start date, and conditions.
- Refusal Notification: In case of visa refusal, receive a written explanation of the reasons and any rights to review the decision.
By following these step-by-step instructions meticulously, applicants can navigate through the Temporary Skill Shortage visa application process smoothly and efficiently.
Exploring Life in Australia on the Temporary Skill Shortage Visa (subclass 482) – Labour Agreement Stream
Arriving in Australia
- Before You Leave: Check Your Travel Documents Ensure you have a valid visa and passport or travel document.
- At the Border: Completing an Incoming Passenger Card Complete the Incoming Passenger Card upon arrival.
- Leaving the Airport Faster: Utilize SmartGate Consider using SmartGate for faster airport departure.
In Australia
- Your Rights and Responsibilities:
- Work for your sponsor for up to 4 years.
- Study without government assistance.
- Travel to and from Australia freely while the visa is valid.
- Meeting Visa Conditions: Adhere to all visa conditions and Australian laws.
- Informing Authorities of Changes: Notify authorities of any changes to personal details, employment, or family circumstances.
- Duration of Stay: Stay in Australia according to the length specified in your visa grant letter or VEVO.
- Extending Your Stay: Apply for a new visa if you wish to continue working for your existing employer beyond the visa expiry.
Traveling on Your Visa
- Travel Flexibility: Travel outside Australia and return as many times as desired while the visa is valid.
- Proving Your Visa Status: Use VEVO to verify your visa status and conditions.
Working
- Employment Conditions: Work only for the sponsoring business or employer.
- Workplace Rights Protection: Benefit from Australian workplace laws, ensuring your rights and entitlements are upheld.
- Job Loss and Options: If unemployed, find another employer within 60 days or make arrangements to leave Australia.
- Special Considerations for Flood-Affected Visa Holders: Maintain visa conditions and work only in the nominated occupation. Explore visa options if necessary due to flood-related employment changes.
Leaving Australia
Before You Leave
- Check Your Travel Documents Ensure your passport and visa are valid before departure.
- At the Border: Leaving the Airport Faster Consider using SmartGate for quicker departure procedures.
After You Leave
- Accessing Superannuation: Retrieve any accrued superannuation if leaving Australia permanently.
- Proof of Travel: Request international movement records for documentation of travel to and from Australia.
By understanding and adhering to these guidelines, individuals can make the most of their time in Australia under the Temporary Skill Shortage visa, ensuring compliance with regulations and enjoying the benefits of their visa privileges.