482 visa Document Checklist | MJ Legal

482 Visa Documents Checklist (Skills in Demand Visa)

Amasha
January 16

If you are an employer who is looking to sponsor an employee there are certain documents that the Department will request from you. This blog is catered to the employer or sponsor who is looking to sponsor migrants and will explore the types of documents that you as a employer or sponsor will need to prepare in order to provide to the Department.

We can break down the process of sponsoring employees into 3 steps and each step will require you to provide different documents

  • Step 1: Applying to become a sponsor-First you have to make a separate application to the Department to become an approved sponsor to be eligible to sponsor employees.
  • Step 2: Nominating your employee- Next your company will have to make another application to nominate the employee for the specific role in the company
  • Step 3: Applying for the visa application- This is the final step where you will have to apply for the visa application which will enable the employee to live, stay and work in Australia.

You will not need to undergo the 1st step if you are sponsoring an employee for the SC 186 visa. The SC 186 visa doesn’t have a sponsorship application, it only has the nomination application and the visa application.

Step 1: The documents that you need to make an application to become an approved sponsor

Document type

Details

Identity of standard business sponsor

  • Registration or incorporation certificate

  • ABN details

  • ASIC historical extract

  • ACN number

  • Trust deed (if your company operates under a trust)

  • Franchise agreement (If your company is a franchise)

Proof of business operating in Australia

  • Audited annual report for the most recently concluded fiscal year (with comparative figures for previous fiscal year)

  • Profit and loss statement

  • BAS statements - if the fiscal period to which the financial statements or tax returns submitted relate ended more than 3 months before the application was lodged

  • Lease agreement relating to business premises

  • Business tax returns for the most recently concluded fiscal year

  • Contract of sale relating to the purchase of business

  • Contracts to provide services

  • Business bank statement covering the period of operation

Number of employees and other company details

  • SC 482 sponsorship form

  • Organisation chart on the company letter head with the employee’s position and name

Step 2: The documents that you need to make an application to nominate the employee

Document type

Details

Employee’s identity documents

  • Passport

  • Birth certificate

  • Any previous visa grants

  • Acknowledgement of receipt of any previous visa grant application

  • Any bridging visa grant if applicablee

Company details

  • ABN information

  • ASIC extract

  • Location of the workplace- (post code)

  • Business Activity statements for the most recent financial year

  • ATO Tax Return

  • Profit and loss statements for the last financial year

  • Audited financials for the last financial year

Employment contract

The employment contract of the employee who is to be sponsored

Australian Market Salary Report

  • Enterprise agreement

  • Industrial award

  • Employment contract

  • Payslips

  • AMSR report

Labour Market Testing

Provide the LMT report or proof of International Trade Obligation (ITO)

Proof of position

  • A duty statement of the responsibilities of the nominated position

  • Evidence of advertisement

  • Recruitment process details

Meeting the 1 year work experience requirement

  • Resume

  • Employment letters

  • Old contracts

  • Payslips say full time

  • Skill assessment if applicable

Financial documents

  • Financial statements 

  • Letter from the accountant

Dependent documents

  • Passport
  • Marriage certificate/ defacto registration
  • Birth certificate

Step 3: The documents that you need to make a visa application

Document type

Description

Identification of employee and the employment location

Provide the employee’s:

  • Passport 

  • Transaction Reference Number (TRN), Application ID or Visa Grant Number for all visas they already hold or have applied

  • Provide the postcode of the job location. It should be where the position is actually going to be performed, not the head office

  • List accompanying family members. If the employee holds a subclass 482 or 457 visa, explain any exclusion of their family member with the same visa.

Contract of Employment

You will have to provide this only if you are a standard business sponsor. You will not have to provide the contract for certain occupations that are in here

Proof of paying Annual Market Salary Rate (AMSR) or that you are exempt

Provide evidence that you will pay:

  • the Annual Market Salary Rate (AMSR) for the position

  • at a rate equal (excluding benefits) to the Core Skills Income Threshold (CSIT)

The above won’t be necessary if the annual salary is AUD 250,000 or more

Labour Market Testing (LMT) proof

The LMT report is mandatory unless you are exempted where you have an International Trade Obligation (ITO) in place

Proof that the position is genuine

  • A duty statement of the responsibilities of the nominated position (Don’t copy paste duties from ANZSCO)

  • A structure chart of the business with the position's role in the business, along with current employees' full names and visa details.

  • A brief description of the nature of the business and how the nominated position fits within it

  • Provide proof the position existed before the nomination or, if new, plans for expansion that created it.

  • Information about who used to perform the tasks of the position

  • Provide evidence of a transparent recruitment process, including candidate numbers and reasons for unsuitability.

Caveats

Comply with caveats if it applies

ITO proof

If LMT is inconsistent with the ITO you can provide documents to show that an ITO applied in certain circumstances

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