482 Visa Sponsorship - Temporary Skill Shortage Visa | MJ Legal

482 Visa Sponsorship

Amasha
June 19

The 482 visa is a temporary visa that allows Australian employers to sponsor skilled workers to fill a position, where the employer cannot find an appropriately skilled Australian resident to fill the vacancy. The employer is able to sponsor the employee for a maximum of 2-4 years depending on the visa stream.

The sponsor has to fulfill the following requirements

1. General eligibility requirements

2. Specific requirements for different stream (Specific to the type of employee to be sponsored)

3. Requirements for a standard business sponsor

4. Requirements for the Labour Market Testing (LMT)

5. Temporary Skilled Migration Income Threshold (TSMIT) requirements

6. Documents required by the sponsor

This blog will analyze all the requirements that a sponsor has to fulfill in order to sponsor an employee for a 482 and also discuss the benefits for an employer by sponsoring an employee under the 482 visa.

General eligibility requirements of the sponsor

  • Be a Standard Business Sponsor

  • Nominate the worker for an eligible occupation in the skilled occupations list

  • Be unable to find an Australian resident as a worker

  • Pay the annual market salary rate

  • Have a genuine position available

  • Have a written contract of employment

  • Not engage in discriminatory practices

  • Employment conditions must be equivalent to Australian workers

  • Have no adverse information

The streams available for this visa

The Temporary Skill Shortage Visa SC 482 has 3 streams under which the employer can sponsor a skilled worker. They are:

  1. Short-term stream

  2. Medium-term stream

  3. Labour Agreement stream

It’s important that the employee is sponsored through the correct stream depending on your circumstances for a successful visa outcome.

Requirements for a standard business sponsor

An Australian business can become a standard Business Sponsor that is approved by the Department of Home Affairs to sponsor skilled workers under the Temporary Skill Shortage 482 visa.

  • The business must be a business which is legally established and currently lawfully operating in Australia

  • The business can also be an overseas business that is established in Australia

  • The business should not have any adverse information

  • Have demonstrated commitment to employing local labour and not engage in discriminatory recruitment.

Requirements for the Labour Market Testing

Labour Market Testing is a mandatory requirement for the medium and short term streams of the 482 visa. The LMT involves advertising the nominated occupation to demonstrate that there are no suitably skilled and experienced Australian residents to fill the the nominated occupation position.

Advertising requirements

The advertisement must include:

  • Title or description of the position

  • Job tasks and duties

  • Skills and experience required

  • Name of the sponsoring employer

  • Salary details, particularly if the annual earnings for the position are lower than AUD 96,400​​.

    • Furthermore, to meet the requirements for the 482 visa, the nominee must be paid at the Temporary Skilled Migration Income Threshold (TSMIT) or higher. The current TSMIT value is AUD 73,150.

Advertising Platforms

The manner of advertising is crucial in meeting LMT requirements.

  • Firstly, the job advertisement must be in English.

  • Secondly, a minimum of two advertisements must be published on platforms with a national reach (e.g recruitment website, print media or radio). These websites could be Jora, Seek, Indeed, etc.

Duration of advertisements

  • The vacancy for the nominated occupation must be advertised for at least 4 weeks

  • The position should have been advertised within 4 months prior to the submission of the nomination application

Temporary Skilled Migration Income Threshold requirements (TSMIT)

The Temporary Skilled Migration Income Threshold (TSMIT) is the minimum salary a sponsor has to pay for the employee that is to be sponsored to work for him. The TSMIT is subject to change and review. The current TSMIT stands at AUD 73,150.

The TSMIT does not include the other non monetary benefits such as accommodation and transport. And the employers must pay such benefits in addition to the TSMIT.

Required documents by the sponsor

  • Identification documents

    • Company incorporation certificate

    • ASIC historical extract

    • ABN history

  • Company financial documents

  • Contract of employment for the nominee

  • Proof that the nominee will be paid the Annual Market Salary Rate (AMSR)

  • Labour Market Testing (LMT) evidence

  • Evidence that the position is genuine

  • ITO evidence, in the event that the LMT is not required

Benefits for the sponsoring employer

By sponsoring an employee for the 482 visa the employer is guaranteed a worker with at least 2 years of work experience. The employer is also able to access a global pool of talent outside of Australia. And due to the strict eligibility requirements the employer is able to employ highly skilled individuals.

Moreover the employer is guaranteed an employee who has to solely work for the employer, as the employee cannot work anywhere else while being sponsored by the employer unless he finds a different employer to nominates him.

While the employee is on the 482 visa, they can prepare themselves for a permanent residency visa by obtaining the relevant work experience. If the employer wishes to retain the employer further, the next visa that can be explored is the SC 186 Employer Nomination Scheme Visa, which is an employer sponsored permanent residency visa.

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