To learn more about the full requirements and steps for applying for the Skills in Demand (SID) Visa Subclass 482, please visit:
- Understanding the new Skills in Demand (SID) Visa Subclass 482.
- Transitioning from 482 Visa to Permanent Residency via Employer Nomination Scheme 186 TRT Visa
Understanding the requirements and recent changes to the Temporary Skill Shortage (TSS) subclass 482 Visa can be a difficult task for many. The guide provided below will educate you on the various aspects of holding and applying for the 482 Visa, focusing on your rights, responsibilities, and the potential Permanent Residency pathways. Whether you are a current subclass 482 Visa holder or if you are planning to lodge your application, understanding these key elements will help you plan your process with ease.
Visa Holder Rights
If you currently hold a Subclass 482 Visa, you are entitled to the following rights:
- Work Rights: You have the right to work in the nominated occupation for your sponsoring employer.
- Nominated Salary: You must be paid at least the nominated salary.
- Living Rights: You can live and travel freely within Australia.
- Family Rights: Your family members can accompany you and may work and study in Australia.
Visa Holders Obligations
Subclass 482 Visa holders must adhere to specific obligations to maintain their visa status:
- Work Exclusively for your Sponsor: You must work only for your sponsoring employer in the nominated occupation.
- Comply with Visa Conditions: Abide by all conditions outlined in your visa grant letter.
- Maintain Health Insurance: Ensure you have adequate health insurance coverage for the duration of your stay.
Employer Obligations
Employers sponsoring a subclass 482 Visa holder must meet several obligations:
- Notify Home Affairs: Advise the Department within 28 days if there are any changes to the Business Structure and/or Nominated Employee’s Position, including Departure.
- Pay Nominated Salary: Ensure that the visa holder is paid at least the Nominated Salary for their occupation.
- Maintain Records: Keep accurate records of the visa holder’s employment and conditions including Paid/Unpaid Leave.
Prepare for Permanent Residency via Employer Nomination Scheme (ENS) Subclass 186
Many subclass 482 Visa holders aim to transition to permanent residency through the Employer Nomination Scheme (ENS) subclass 186 Visa. Here’s how you can prepare to take the next steps:
- Meet Employment Requirements: Typically, you need to have worked for your employer for at least 2 years on a subclass 482 Visa with one or multiple approved Employers.
- English Proficiency: Meet the English language requirements of at least having competent English.
- Employer Nomination: Have a discussion with your Employer as they must nominate you for the ENS subclass 186 visa.
- Health and Character Checks: Complete the necessary health and character assessments.
Record Keeping
We advise all our clients to maintain complete and accurate records of their Employment documents, including:
- Employment Records: Save dates when you are changing Employers to satisfy Visa conditions and check your eligibility for Permanent Residency via the Employer Nomination Scheme – Temporary Residence Transition stream (TRT).
- Income Records: Keep records of your employment contracts, Payslips, income statements and superannuation statements.
- Leave Records: Keep a list of all Paid and Unpaid Holidays with specific dates and type of leave taken.
- Travel history: Keep a record of all travels to other countries.
- Residency Records: Save dates and addresses whenever you are moving houses.
- Health Insurance: Keep your health insurance records to show that you satisfy the Visa Conditions,
Do’s and Don’ts
Do’s:
- Comply with all visa conditions and obligations.
- Communicate regularly with your employer about your further pathway for Permanent Residency.
- Keep detailed records of your employment and visa-related documents.
Don’ts:
- Work for a non-sponsor or as an ABN subcontractor.
- Neglect to update your details or inform changes in circumstances.
- Violate any visa conditions, as it may lead to visa cancellation.
Need more information? Read our Frequently Asked Questions (FAQs) below or book a consultation with one of our expert agents to learn more about the SID Visa.
Book a consultation today
Can I change employers on a Subclass 482 Visa?
Yes, but your new employer must be an approved sponsor and lodge a new nomination for you.
What happens if my employment ends?
You have 180 days to find a new employer to sponsor you, apply for another visa, or leave Australia.
Can my family members work and study in Australia?
Yes, your family members have full work and study rights in Australia.
How can I transition to permanent residency?
You can transition to permanent residency through the Employer Nomination Scheme (ENS) subclass 186 Visa if you meet the eligibility criteria.
Do I need to maintain health insurance?
Yes, maintaining adequate health insurance is a visa condition. By understanding your rights, duties, and pathways to permanent residency, you can make the most of your experience in Australia on a subclass 482 Visa. Keep detailed records, comply with all conditions, and stay informed to ensure a smooth and successful stay.
What happens if my employer cancels my sponsorship or if I lose my job?
The Employer can’t cancel your Visa. However, they will notify the Department about your Departure, and the Department will consider whether you are in breach of your Visa conditions before considering a Visa cancellation.
Disclaimer: This article is for informational purposes only and does not provide any legal or professional advice. You should seek the advice of a qualified expert before making any decisions based on this article.
Head of Migration at Questra Immigration. Managing and overseeing the growth and performance of Questra’s team of migration agents, while maintaining a client-centric and quality-driven approach.
A registered migration agent since 2015 and a member of the Migration Institute of Australia, with over 15 years’ experience in international education and 11 years in Australian Migration law.