Subclass 482

The subclass 482 visa is an employer-sponsored visa. This means your employer must complete several steps before your visa application. In most cases, the process includes Labour Market Testing (LMT), sponsorship application, the nomination application, and then your visa application.

1) Labour Market Testing (LMT)

Unless an exemption applies, your employer must conduct Labour Market Testing (LMT) before nominating you.

LMT means your employer must advertise the position in Australia on two major platforms (such as Indeed and Seek) for 28 days and keep evidence showing they tried to recruit local workers first.

2) Sponsorship and nomination

Your employer must be (or become) an approved sponsor and then lodge a nomination to sponsor you for a specific role. 

Notes: sponsorship application, nomination application, and visa application can be done at the same time, but must be in sequence

3) Costs – the training levy (SAF levy)

When lodging the nomination, the Department charges an employer contribution commonly called the training levy (also known as the SAF levy). This levy is usually calculated per year of the nomination period, and the amount depends on the employer’s turnover. If the employer nominates you for more years, the total levy amount is higher.

4) Business and financial documents

Your employer usually needs to provide documents to show the business is actively operating and has the capacity to employ you, such as:

• Business registration details (ABN, company information)
• BAS statements
• Payroll reports / payroll summaries
• Financial statements (profit and loss, etc.)

The goal is to show the business is genuine and lawfully operating, and that the role is genuine and can be financially supported.

5) After approval – ongoing obligations

If your 482 is granted, your employer must continue to meet sponsorship obligations, including employing you in the nominated role under the stated conditions.

In general, any lawfully operating Australian business can sponsor you for an employer-sponsored visa (such as subclass 482), as long as they meet the sponsorship and nomination requirements.

There is no fixed minimum turnover number set as a general rule. However, the employer’s financial capacity is very important. They must show they can afford the required salary threshold (where applicable) and that they have a genuine need for you in the position, which brings long-term benefits to the business.

What the employer must be able to demonstrate

1) Financial capacity

• Ability to pay the offered salary (including superannuation)
• Ability to meet the required salary threshold (where applicable)
• Ability to meet ongoing employment costs across the nominated period

2) Genuine need for the position

• The role is a real position in the business (not created just for visa purposes)
• The duties match the nominated occupation
• The business has a genuine, ongoing need for you in that role

3) Long-term benefit / business rationale

• Filling a skills gap that is hard to recruit locally
• Supporting expansion, service demand, project delivery, or new contracts
• Improving productivity, quality, or capacity in a key area of the business

Not always. A skills assessment is only mandatory for certain subclass 482 applicants (mainly some trade occupations and a few others), depending on your nominated occupation and passport country.

Under Migration (IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa) Instrument 2018, a mandatory skills assessment applies when all of the below are apply:

• Your occupation is listed in the instrument (for example: Chef, Cook, Baker, Carpenter, Electrician (General), Motor Mechanic, Welder (First Class), Panelbeater, etc.), and
• You hold a passport from a specified country for that occupation.

Legislation link:

https://www.legislation.gov.au/F2018L00294/latest/text

For subclass 482, a skills assessment is only mandatory for certain occupations and certain passport holders. A “waiver” usually means you are an exempt applicant under the mandatory skills assessment instrument, so you do not need to provide the mandatory skills assessment, even if your occupation appears in the list and you hold a listed passport.

Common exemption scenarios include:

• You already hold a 457 / 482 and are working in the nominated occupation (onshore).
• Intra-company transfer (overseas business to Australia).
• Qualification-based exemption for most listed occupations (except Program or Project Administrator) where you hold a relevant qualification completed in Australia or a permitted country.
• Licence / registration / membership exemption (where required).
• TRA OSAP exemption.
• Special rule for Program or Project Administrator (different exemption settings).

Example:

If you are a Chef and you hold a Philippines passport, the rules may require you to provide a mandatory skills assessment because your occupation is on the prescribed list and you are in the specified passport group. However, if you have completed the relevant Australian qualifications (for example, Certificate III and Certificate IV in Commercial Cookery or kitchen management in Australia), you may be exempt from the mandatory skills assessment requirement.

For the current subclass 482 (Skills in Demand) settings, the general requirement is at least 1 year full time or parttime equivalent  of relevant work experience in your nominated occupation or a related field. The 1 Year working experience requirement can be counted while you studying the course.

Usually, no. For the 186 TRT stream, it is not enough to only hold the 482 for 2 years. You must also have completed at least 2 years of full-time employment with the employer who nominated you (in the nominated occupation / closely related role) before you lodge the 186 TRT application.

If you started the job 1 month after the 482 was granted, then you will generally be about 1 month short of the required employment period.

How the 2 years is counted

• The Department counts eligible employment time (the period you were employed in the sponsored role).
• Paid leave (for example, annual leave and paid sick leave) can be counted as part of employment.
• Unpaid leave (leave without pay) does not count towards the required 2 years.
• A gap after visa grant but before you commenced work is not counted as employment time.

Policy note – short gap

Under policy, it is reasonable to have a few days’ shortfall where the applicant was granted a 2-year valid subclass 482. From our understanding, a maximum gap of 1 week may be acceptable.

What to do if your subclass 482 is expiring soon and you have a shortfall in meeting the 2-year required employment period

• Extend your 482 for another 1 year
• If you lodge a 482 extension and hold a Bridging Visa A linked to that 482 extension, the bridging visa period can be counted. Once you meet the 2-year requirement, you may lodge the 186 TRT while holding that Bridging Visa A.

Yes, you may still be eligible. A relevant qualification is not always mandatory for a subclass 482, as long as you can demonstrate you are suitably skilled for the nominated occupation.

However, the exact expectation depends on the occupation. The Department commonly uses ANZSCO as a guideline to assess whether your background (qualification and/or experience) matches the skill level of the occupation.

For example, marketing specialist requires 5 years to substitute the bachelor degree

Step 1 — Know your time limit

From the date you finish employment, you generally have:

• up to 180 days in one period, and
• no more than 365 days in total across your visa grant period,to find a new sponsor, apply for another visa, or depart Australia   

Step 2 — Start planning immediately

• Confirm your final working date in writing (keep payslips and an employment separation letter/email).
• Notify the department that your employment has been ceased
• Get migration advice early (especially if your visa expiry date is close, or you have any past visa issues).

Step 3 — If you want to stay on an employer-sponsored pathway

• Find a new employer who is willing and eligible to sponsor you.
• The new employer will usually need to lodge a new nomination, and you may need to lodge a new 482 visa application (depending on your circumstances).
• Aim to lodge as early as possible — don’t wait until the end of the 180-day period.

Step 4 — If you can’t find a sponsor
You should consider:

• applying for a different visa you are eligible for (if available), or
• making plans to leave Australia before you risk breaching your visa conditions.

Step 5 — Understand the risk

If you exceed the allowed time period without a new sponsor/visa solution, you may be in breach of visa conditions and the Department may consider visa cancellation.