This visa is a temporary Skill Shortage visa, valid for up to two – four years after it is granted. Visa validity may conform upon the occupation nominated by the employee, if the nominated occupation is listed under Short-term Strategic Skill List (STSSL), the visa applicat can only apply for 2 years maximum and can be renewed only once for another 2 years. however, if the nominated occupation is listed under Medium to Long-Term Strategic Skill List (MLTSSL) the applicant can stay up to 4 years and could be eligible for Permanent Visa Application.

Just like Subclass 457, The 482 visa allows you to:

• work in Australia for up to four years defend upon the occupation nominated
• bring your family to work or study in Australia
• travel in and out of Australia as often as you want.

There are 3 processing stages in sponsoring an employee from overseas under the Subclass 482 visa program:

Sponsorship Your employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 482 visa.

Nomination Your employer nominates an occupation for a prospective or existing subclass 482 visa holder.

Visa application You apply to work in your nominated occupation under the subclass 482 visa. This is the final step to obtaining your subclass 482 visa.

Sponsors

To become a sponsor, you must be able to show that your business:

• is a lawfully operating business
• meets training requirements (Australian businesses only)
• agrees to the number of subclass 482 workers to be nominated
• has no relevant adverse information against your business.

Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices.

There are two ways you can become an approved sponsor:

• Option 1: Apply to be a standard business sponsor
• Option 2: Negotiate a labour agreement.

Option 1: Apply to be a standard business sponsor

The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the subclass 482 visa program. You must lodge an application to become a standard business sponsor.

You can have only one standard business sponsorship approved at any given time (that is, one sponsorship approval per Australian Business Number if your business is in Australia) which is usually valid for three years. You can apply to extend your sponsorship at any time during this three-year period by lodging a variation application.

The requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia.

Business in Australia

You must attest that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you have a strong record of, or demonstrated commitment to non-discriminatory work practices.

Make the attestation and the declaration about your workplace record in your sponsorship application form.

You must also meet training requirements. This means you must either:

• meet the training benchmarks if you have traded in Australia for 12 months or more
• have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months.

Business outside Australia

You must be seeking to employ a skilled worker to either:

• establish, or help establish, a business operation in Australia
• fulfil obligations for a contract in Australia.

If your business does not yet have an operating base in Australia, you are not required to satisfy the training requirement.

Option 2: Negotiate a labour agreement

A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. You might be able to enter into a labour agreement if you are in one of the following situations:

• the occupation of the workers you want to employ is not listed on the  Combined Skill Occupation List or the  Australian and New Zealand Standard Classification of Occupations (ANZSCO)
• you are a recruitment company seeking to sponsor skilled workers to be on-hired to another businesses, and the occupations requested are on the Medium – Long Term Strategic Skill List (MLTSSL)
• standard immigration options are not suitable.

You must be able to provide evidence that:

• there is a genuine and systemic shortage of skilled workers
• there are no suitably qualified Australian workers available
• you have a commitment to training Australians.

A labour agreement comes into effect when it has been signed by all parties involved in the negotiations. A labour agreement is typically valid for three years.

How to propose a labour agreement

You need, among other things, to:

• identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers (you need to show you have tried to recruit in Australia)
• specify the number of skilled workers needed from outside Australia
• specify the skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered provided they are specialised and in demand
• include copies of correspondence showing that relevant stakeholders have been consulted.

You might be able to use a template labour agreement if there is one for your industry or your worker’s occupation. A template labour agreement is a set of standard parameters for similar employers: it does not guarantee an agreement will be approved.

If the template does not suit your needs, you may be able to negotiate an individual agreement.

Labour agreements include a requirement to provide training to Australian employees.

When you have a labour agreement in place, you are an approved sponsor for the term of operation of the agreement. You can then nominate skilled workers from outside Australia under the terms of the labour agreement.

You will also need to meet your sponsorship obligations and any other terms and conditions specified in the agreement.  If you breach the terms and conditions of your agreement, the Department of Immigration could suspend or terminate it.     

Nomination applications

The Temporary Skilled Migration Income Threshold (TSMIT)

The Temporary Skilled Migration Income Threshold (TSMIT) ensures that your workers will have enough money to be self-reliant while they are in Australia.

You must demonstrate that the market salary rate for the position you are seeking to fill is greater than the TSMIT. If the market salary rate for the position you want to fill does not exceed the TSMIT, you will not be able to access the subclass 482 visa program.

From 1 July 2013, the TSMIT is set at AUD53 900.  It is indexed annually on 1 July.

The current TSMIT level is listed at  Temporary Skilled Migration Income Threshold (TSMIT) and market rates exemption level, you can check it before lodging a nomination application.

Labour market testing requirement

Labour market testing (LMT) in the Subclass 482 programme was introduced by the Migration Amendment (Temporary Sponsored Visas) Act 2013 which was passed by Parliament in June 2013 and commences on 23 November 2013.

Standard business sponsors are required to test the local labour market prior to lodging a nomination for certain occupations and, on implementation of the LMT condition, must provide information with their nomination about their attempts to recruit Australian workers and how they have determined on the basis of these attempts that there is no suitably qualified and experienced Australian citizen, Australian permanent resident or eligible temporary visa holder available to fill the position.

The LMT requirement does not apply to nominations lodged by parties to a labour agreement.