South Australia and New South Wales update State Lists – Special Conditions Imposed ...
Goodbye 457 Visa Hello 482
Goodbye 457, it’s time to talk about 482
After learning to find relative comfort in the now-defunct 457 Temporary Work Visa, applicants and their approved sponsors are suddenly being required to face new challenges, in the form of its formidable replacement, the 482 Temporary Skilled Shortage (TSS) Visa.
With this new visa, introduced on March 18th 2018, sponsorship qualification requirements have been largely unchanged.
Approvals for existing and current sponsors continue to remain valid for ongoing 482 applications, but qualification criteria for visa applicants have been significantly tightened. The initial visa term has also been changed from three years, to variable periods of two or up to four years, subject to occupational eligibility and consequential “short-term” or “long-term” approval streams.
And here the complexities begin
In creating guidelines for the new 482 visa, the Department of Home Affairs originally set up two distinct options, each available only for occupations nominated on what is referred to as the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL).
Sponsored applicants will now need to have at least two years’ experience, working in the nominated occupation or in a closely related field. Those then included in the STSOL will be able to apply for a two year visa, whilst those on the MLTSSL may apply for four years.
At the expiry of the first term, “Short-Term” visa holders will be able to seek a once-only two year extension, whilst “Medium and Long-Term” visa holders will have not only the option of a further four years, but also possible eligibility for permanent residency.
It’s not a matter of choice; it’s a matter of the visa holder’s occupation and the shortage of that particular skill in the region.
Nominating becomes a bigger challenge for sponsors
What was once a relatively straightforward process has now become an all-important series of careful steps; in justifying a nominated worker for the granting of a 482 visa, the approved sponsor must provide clear evidence that they have tested the local labour market. Under 482, this “Labour Market Testing” has become an obligatory requirement with specific guidelines for completion.
In addition, the Department of Home Affairs requires a satisfactory explanation as to why the available position should or must be filled by an overseas citizen, training levies are in the process of being introduced (subject to the relevant legislation being voted in) and a number of other general conditions have been tightened.
It’s still a three-step process
Just like the previous 457 visa, the 482 remains a three-step process, requiring (1) Standard Business Sponsorship (2) Nomination and (3) Visa Application. In this age of technology however, it is not necessary to wait for each approval, prior to commencing the next phase.
Most professional Immigration Agents will prepare and submit applications, either together or in quick succession, arranging for them to be linked within the Department of Home Affairs’ online system and thereby eliminating unnecessary delays.
It really does pay to obtain professional assistance from skilled practitioners who are specialised in the field.
For more information on this or on any relating issues, contact the migration experts – Sellanes Clark and Associates – specialising in all immigration matters.