482 visa to PR

If you are reading this blog that means you are either a SC 482 visa holder or you plan to be a SC 482 visa holder. The SC 482 visa is a temporary visa that allows Australian employers to sponsor skilled workers to fill a position which cannot be filled by a skilled Australian. This visa also allows applicants to include eligible family members in the application to accompany them while they are on the SC 482 visa. While you are on this visa, you can prepare yourself for permanent residency.

This visa lets skilled workers, who have an occupation in the relevant skilled occupation list and are nominated by an employer to live and work in Australia permanently. You can include eligible family members to your visa application. This is a PR visa and your last employer-sponsored visa in your journey to PR in Australia. If you are a migrant who has 3 years of work experience then you can bypass the SC 407 and SC 482 and apply for this visa directly.

Eligibility

• Have an occupation in the relevant skilled occupation list

• Have at least 3 years of work experience in the nominated field.

• Have a positive skill assessment

• Be nominated by an approved sponsor

• Be under 45 years of age, unless exempt

• Have at least 6.0 IELTS

This visa is consists of 3 streams:

• Temporary Residence Transition Stream: This stream is for employees with a 457 visa or 482 visa, working with their nominating employer for at least two years.

• Direct Entry Stream: This visa targets skilled workers, or those temporarily residing in Australia but ineligible for the TRT stream. The skilled worker must have 3 years of work experience and a positive skill assessment

• Labour Agreement Stream: This is for those sponsored under a labour agreement.

This visa allows employers who are based in designated regional areas to sponsor employees to work in their businesses. This visa allows skilled individuals to live and work in Australia for up to 5 years. You can apply for Permanent residency after 3 years of holding the visa through the SC 191 - Permanent Residence (Skilled Regional) visa. This visa has two streams that you can apply to. They are:

• Employer Sponsored stream- This stream is used by employers to sponsor employees to work in their businesses.

• Labour Agreement Stream- This stream is for employees who are nominated by employers who have a Labour agreement with the Australian government.

Basic eligibility

• Be nominated by an approved sponsor based in a designated regional area of Australia

• Have an occupation on a relevant skilled occupation list

• Have a suitable skills assessment for the occupation

• Be under 45 years of age

• Meet minimum standards of English language proficiency

Skilled migration is a pathway that is very popular among the migrant population in Australia. However, this is a pathway that is prone to many changes and is highly competitive. The skilled migration visas are

• Skilled Independent visa (SC 189)

• Skilled Nominated visa (SC 190)

• Skilled Work Regional (Provisional) visa (SC 491)

• Permanent Residence (Skilled Regional) (SC 191)

You have prepare for this visa before applying. Here are the steps that you should follow: 

Step 1- Assess your points

The Australian skilled migration program utilizes a points system to evaluate and rank visa applicants based on a number of criteria that indicate their potential to contribute to the Australian economy and society.

The current points test awards points based on the following:

• Age

• English Proficiency

• Work Experience

• Educational Qualifications

• Specialist Educational Qualifications

• Australian Study Requirement

• Completion of a Professional Year Program

• Credentialled Community Language

• Regional Study

• Partner Skills

You are expected to score at least 65 points in order to make you eligible to apply for the skilled migration visas. If you don't have sufficient points you can work towards rectifying those shortcomings.
For example if you don't have English proficiency you can undertake an examination like IELTS, PTE or any similar tests to demonstrate your English language proficiency.

If you don't have the appropriate qualifications you can enroll yourself in a course that would make you eligible for PR. You will have to apply for a student visa if you want to enroll into a course to enhance your points score. Upon completion of your studies on the student visa you may apply for a SC 485 (Temporary graduate visa) depending on the course and the duration of your studies. This will give you rights to live, work and study in Australia. The stay duration of the visa will depend on the course of study that you undertook. While you are on this visa you can also acquire the relevant work experience and apply for skilled migration visas or any other visas that would lead you to PR.

Step 2- Skilled occupation list

An important component for skilled migration is your occupation. The occupation that you hold must be an occupation that Australia needs. Australian government has set out 3 skilled occupation lists to identify the skills or occupations that are in demand in Australia, They are the

• Medium and Long Term Strategic Skills List (MLTSSL)

• Short Term Occupation Skills List (STOSL)

• Regional Occupation List (ROL)

The main differences between the different skilled occupation lists are based on the types of visas that you can apply to based on what list you can find your occupation in. It is also to be noted that certain states can have separate skilled occupation lists. These state specific occupation lists are occupations from the above lists that are particularly in demand in those states.

Step 3-Skill Assessment

A skill assessment is conducted in order to have an individual’s qualifications and skills assessed to determine whether those qualifications and skills can be evaluated as meeting the Australian standard for a work in the skilled occupation list.

There are a variety of skill assessing bodies that have been nominated to oversee the skill assessments of particular occupations, and all these skill assessing bodies have different eligibility criteria to be met by the applicant. Individuals can ascertain the assessing body relevant to their occupation using the Australian Skilled Occupation List.

Step 4- Expression of Interest

An Expression of Interest is a means through which the individual can demonstrate, to the federal government, their intention to apply for a skilled migration visa and to migrate to Australia.

The EOI utilises a points system that we discussed earlier, on which applicants are expected to score at least 65 points in order to make them eligible to apply for the skilled migration visa. The points are awarded based on the individual circumstances of the applicant.

Once the EOI has been submitted, having included all the necessary information to support the claim of points in the above categories, Individuals can then move to the next step in the process.

Step 5- Registration of interest

A Registration of Interest is a demonstration of willingness to the state government that the applicant intends to live and work in a particular state.

ROIs are not a requirement for every state but are considered mandatory in certain states. The following states require a registration of interest to be made following the expression of interest:

• Victoria

• Australian Capital Territory

• Southern Australia

• Tasmania

Each of the states have their own eligibility criteria and some can also have their own skilled occupation lists based on the industries that are in demand.

It is important to note that a ROI can only be made for one visa subclass (either the SC 190 or the SC 491) and that the applicant will only be considered for the visa subclass mentioned in the ROI.

As a result, if you wish to change the subclass you want to apply for, a new ROI will need to be submitted.

Step 6- Make an application

Once you have made your EOI and ROI, you will then need to wait until the federal government or state government issues an invitation. Some states require you to make a state nomination application once you are nominated by the state. Following this application, applicants must wait for an invitation prior enabling you to apply for a particular skilled visa.

Once the invitation is received, a visa application can be made for the applicant and the members of the family unit, if any.

Apart from pathways led by the qualifications and work experience, the partner visa pathway is also an option to continue your stay in Australia. If your spouse or partner is an Australian citizen or an Australian permanent resident, then you can apply for a partner visa. The partner visas are:

• Partner Visa (Temporary) SC 820

• Partner Visa (Permanent) SC 801

The SC 820 visa is a temporary partner visa designed for spouses and de facto partners who are already in Australia and wish to live with their Australian partner. While on the Partner Visa (Temporary) SC 820 and completing the 2 year period of the SC 801 visa you can lodge the subsequent application for the permanent partner visa (SC 801).