Subclass 482 - Labour Agreement Stream
Employer Sponsor Visa
About this visa
This visa stream provides flexibility and opportunities for both employers and workers, addressing unique workforce requirements effectively. It is particularly beneficial for employers facing challenges in meeting their skilled Australian workforce needs from the local labor market. The Subclass 482 Visa under a Labour Agreement can have a validity of up to four years.
Eligibility for Applicant
- Occupation
Applicants must meet the occupation requirements specified in the labour agreement for the nominated position. - Age
No limit - Approved Sponsor Nomination
The applicant needs employer nomination from an Australian business operating lawfully.
The applicant’s employment should be in the nominated occupation within the sponsoring business or its associated entity, situated in a designated regional area of Australia.
Before applying for the visa, the applicant’s employer must submit a nomination application on their behalf, either as an approved work sponsor or by initiating the process to become a standard business sponsor. - Skills Assessment
The need for a skills assessment depends on the specific labour agreement and nominated occupation. Some applicants may require a formal skills assessment, as determined by the labour agreement. - Working Experience
Unless a labour agreement concession applies, applicants should have at least 2 years of full-time equivalent experience in the nominated occupation or a related field. - Intent to Work
Applicants must genuinely intend to work in the nominated position as specified in the labour agreement. - English Proficiency
Applicants must meet the English language proficiency specified in the labour agreement.
Health Insurance
Adequate arrangements for health insurance during the stay in Australia must be made by visa applicants.- Health and Character
Fulfill health and character requirements.
Eligibility for Sponsor
- Labour Agreement
The business must be a party to a specific type of labour agreement, as outlined in the relevant agreement categories. These include industry agreements, Designated Area Migration Agreements (DAMA), Project Agreements (PA), company-specific agreements, and Global Talent Employer Sponsored (GTES) agreements. - Lawful Operation
The business must be actively and lawfully operating in Australia, complying with all applicable Australian laws and regulations. - Genuine Need
In general, unless specifically exempt or subject to a labor agreement concession, the sponsoring business must establish a genuine need for skilled employees within their business operations. This should encompass a clear rationale for the unavailability of suitable Australian employees for the designated positions, as well as a demonstrated commitment to addressing this need.
Additionally, the position must be a genuine, full-time role included in the employer’s labor agreement.
NOTE: Some labor agreements may impose extra prerequisites for particular occupations, such as work experience, location, business type, or position nature. - Compliance with Agreement Conditions
The business must meet any conditions specified in the relevant labour agreement. The nature of these conditions may vary depending on the specific agreement type, so it’s important to refer to the agreement for precise details. - Adverse Information
The business must not have any adverse information known that would affect its suitability as an approved sponsor. Adverse information encompasses a range of factors, such as contraventions of immigration, industrial relations, or taxation laws, pending investigations or disciplinary actions, administrative actions for possible law contraventions, insolvency, or the provision of false or misleading information to the Department of Home Affairs (DOHA). Sponsor Obligations
Businesses approved for TSS visa sponsorship under a labor agreement must meet specific DOHA-imposed obligations. These aim to protect overseas workers and ensure proper visa program usage.
Note: Approved sponsors cannot recover labor agreement or nomination application costs, including migration agent fees and Skilling Australians Fund levies. However, they may be eligible for GST or tax deductions related to labor agreement fees. Seek independent tax advice if applicable. Approved sponsors must maintain specific records, including annual turnover and Skilling Australians Fund levy payment details. These records must be provided to the DOHA upon request.
Nomination Requirement
The position must offer a salary of at least:
- $53,900 per year (excluding non-monetary benefits) AND
- the annual market salary rate (AMSR) for your nominated occupation.
NOTES: The AMSR for your nominated occupation (excluding non-monetary benefits) must also be equal to or greater than $53,900 per year. The AMSR represents the salary that an Australian worker earns (or would earn) for performing equivalent full-time work in the same workplace and location for a year. If your salary is over $250,000 per year, you are exempt from this requirement. Any concessions to this requirement will be outlined in the labor agreement.
The position’s employment conditions (excluding earnings) must not be less favorable than those applied (or would apply) to Australians performing equivalent work in the same location.
The position must have undergone ‘Labour Market Testing’ (LMT), which means the sponsor must have attempted to recruit a suitably skilled and qualified Australian for the nominated position. This entails providing evidence that the position was advertised within the last 4 months for a minimum of 4 weeks.
NOTE: Different LMT criteria may apply in specific situations. The evidence submitted for LMT must meet specific criteria related to location, type, and content of the advertisement. Please contact us for further information regarding the required LMT for your nomination.
Process
Step 1
Labour Agreement Request
A labor agreement application is submitted to the DOHA on behalf of your employer. The main requirement is that your employer’s business is actively operating in Australia, meeting all criteria for the requested labor agreement. Labor agreements are typically valid for five years. During this period, the business can nominate overseas workers for subclass 482 – Temporary Skill Shortage visas and, if specified, subclass 186 Employer Nomination Scheme and/or subclass 494 Skilled Employer Regional (Provisional) visas.
Step 2
Nomination
Application
The nomination application is submitted to the DOHA by the employer once the labor agreement is active and within its validity period. The primary requirement is that the nomination satisfies the outlined criteria.
Step 3
Visa
Application
The applicant’s visa application is submitted to the DOHA, either concurrently with the nomination application or before the nomination expires (typically within 12 months of approval). The primary requirement is to meet the listed criteria.
Generally, applicants can apply from within or outside Australia, but eligibility may be affected if the required visa type is not held or if there has been a prior visa refusal or cancellation.
Once both the nomination and visa applications are approved by the DOHA, the applicant is granted a subclass 482 – Temporary Skill Shortage visa in the Labour Agreement stream, valid for up to four years, depending on the sponsor’s labor agreement and specific requirements.
Stay Period
When applying for a 482 TSS nomination, employers can select:
1 year or 2 years or or up to 4 years with the labour agreement.
Hong Kong passport holders may be granted up to 5 years.
Permanent Resident Pathway
The Applicant has only one option when transitioning from a 482 TSS visa (Labour Agreement Stream) to a 186 Employer Nomination Scheme (ENS) Permanent Residence visa:
Temporary Residence Transition (TRT) Stream:
The TRT stream is designed for 482 visa holders who have worked with the same employer for a minimum of 2 years and continue to meet specific eligibility criteria. It provides a streamlined pathway to a 186 visa while remaining with the same employer.
Cost
Subclass 482 Visa Employer Costs – Sponsorship Fee
The nomination fee is AUD $420.
Subclass 482 Visa Employer Costs – Nomination Fee
The nomination fee is typically AUD $330.
This fee is paid by the employer when nominating an applicant for a specific position.
Subclass 482 Visa Employer Costs – Skilling Australians Fund Levy
Employers are required to make a contribution known as the Skilling Australians Fund (SAF) levy when nominating a skilled worker for the Subclass 482 Visa. The SAF levy aims to support the overall skills development of the Australian workforce.
- Small Businesses (with an annual turnover less than $10 million): AUD $1,200 for each employee.
- Other Businesses (with an annual turnover of $10 million or more): AUD $1,800 for each employee.
Subclass 482 Visa Applicant cost – Visa Application Fee
Primary Applicant: AUD $3,035
Secondary Applicants (18 and over) : AUD $3,035
Dependent Children (under 18) : AUD $760
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Processing time
50% processed in 15 days
90% processed in 80 days
The Australian Department of Home Affairs handles visa applications, and it’s essential to provide all required documents with your application. Please note that incomplete applications may result in longer processing times than the estimated duration. Additionally, processing times are subject to change and should be used as a general reference only.
Benefits
Work in Australia: Holders of the Subclass 482 Visa can work for their sponsoring employer, gaining valuable work experience.
Study: You can pursue further studies or enroll in courses in Australia, which can enhance your skills and qualifications.
Family Sponsorship: The applicant can include eligible family members, such as your spouse and dependent children, in your visa application.
Pathway to Permanent Residency: Depending on your circumstances and the stream you apply under, the Subclass 482 Visa may provide a pathway to permanent residency in Australia.
Access to Healthcare: Visa holders can access Medicare, Australia’s public healthcare scheme, which provides essential medical services.
Multiple Entries: Enjoy multiple entries to and exits from Australia for a period of up to five years, allowing for flexibility in travel.
Family
The Skilled Employer Sponsored Regional Visa (Subclass 494) allows you to include the following family members in your visa application:
- Spouse or Partner: This includes your legally married spouse or de facto partner (opposite-sex or same-sex).
- Dependent Children: You can include your dependent children in the application. Dependent children are generally unmarried and under the age of 18. In some cases, dependent children over 18 but financially dependent on you may also be eligible.
- Other Dependent Relatives: In certain circumstances, other dependent relatives can be included in the application, such as elderly parents or financially dependent siblings. However, specific requirements and limitations may apply.
It’s important to note that all family members included in the application must meet the eligibility criteria and provide the necessary documentation to support their inclusion. Additionally, each family member must be listed in the visa application form, and their details and relationship to the primary applicant must be accurately declared.
Frequently Asked Questions
Q: What is a 482 Labour Agreement visa in Australia?
A: The 482 Labour Agreement visa is a temporary skilled visa allowing Australian employers to sponsor overseas workers for positions they can’t fill domestically, under a formal agreement with the government.
Q: How is the 482 Labour Agreement different from the standard 482 visa?
A: The Labour Agreement is customized for employer needs, possibly with concessions on requirements like English proficiency or skills, to address specific labour market shortages.
Q: What are the key requirements for a 482 Labour Agreement?
A: Employers must demonstrate a genuine skill shortage, efforts to recruit Australians first, and that overseas workers will receive terms and conditions meeting Australian standards.
Q: Can family members be included on a 482 Labour Agreement visa?
A: Yes, primary visa holders can include their dependents in their application.
Q: How long can you stay in Australia on a 482 Labour Agreement visa?
A: Stay duration is based on the Labour Agreement terms, but usually up to four years.
Q: Is it possible to transition from a 482 Labour Agreement visa to permanent residency?
A: Some Labour Agreements provide a permanent residency pathway, if all requirements are met.
Q: What kind of jobs qualify for a 482 Labour Agreement visa?
A: Qualifying jobs are those listed in the Labour Agreement, facing genuine shortages in the Australian labour market.
Q: What is the processing time for a 482 Labour Agreement visa?
A: Times vary, check the Department of Home Affairs website for current information.
Q: What are the English language requirements for a 482 Labour Agreement visa?
A: Requirements may vary and are determined by the Labour Agreement terms.
Q: Can I work for a different employer on a 482 Labour Agreement visa?
A: No, this visa restricts you to work only for the sponsoring employer in the nominated position.
Q: What happens if my employment ends while I’m on a 482 Labour Agreement visa?
A: You may need to find another employer with a Labour Agreement to sponsor you or leave Australia.
Q: What are the salary requirements for a 482 Labour Agreement visa?
A: Employees must be paid at least the minimum salary specified in the Labour Agreement, which should also meet the market salary rate.
Q: Can I study while on a 482 Labour Agreement visa?
A: Yes, but as the primary purpose is work, studies should not interfere with your job.
Q: Is health insurance required for the 482 Labour Agreement visa?
A: Yes, adequate health insurance is required for you and any included family members.
Q: How can an employer initiate a Labour Agreement with the Australian government?
A: The employer must provide detailed information to the Department of Home Affairs about their business and labour needs.
Q: What are the obligations of the employer under a 482 Labour Agreement?
A: Employers must comply with all conditions, including providing agreed employment terms and non-discriminatory recruitment practices.
Q: Can visa holders under the 482 Labour Agreement travel in and out of Australia?
A: Yes, they can travel freely during the visa’s validity.
Q: What if the Labour Agreement terms change after my 482 visa is granted?
A: Already granted visas usually maintain their original terms despite any changes to the Labour Agreement.
Q: How often can a 482 Labour Agreement visa be renewed?
A: Renewal depends on the Labour Agreement’s terms and the visa holder’s eligibility.
Q: What is the role of the Department of Home Affairs in the 482 Labour Agreement process?
A: The department assesses and approves the Labour Agreement and visa applications, ensuring all requirements are met.
Q: Do I need to undergo a skills assessment for a 482 Labour Agreement visa?
A: It depends on the occupation and the terms of the Labour Agreement; some may require a skills assessment.
Q: What types of industries typically use the 482 Labour Agreement?
A: It’s commonly used in industries experiencing long-term skill shortages that cannot be met by the Australian workforce.
Q: Is there a limit to the number of employees an employer can sponsor under a Labour Agreement?
A: The number may be limited based on the specific terms negotiated in the Labour Agreement.
Q: How does the 482 Labour Agreement support workforce training?
A: Employers may be required to provide training to Australian employees as part of the agreement to enhance the local workforce’s skills.
Q: What documentation is required for a 482 Labour Agreement visa application?
A: Required documents typically include identity papers, employment contracts, and evidence of meeting the Labour Agreement’s terms.
Q: How does the Australian government ensure compliance with Labour Agreements?
A: The government may conduct audits and requires regular reporting from employers to ensure adherence to the terms.
Q: Can a 482 Labour Agreement visa holder apply for a different type of visa while in Australia?
A: Yes, they may apply for a different visa if they meet the other visa’s eligibility criteria.
Q: What protections are in place for workers on a 482 Labour Agreement visa?
A: Workers are protected under Australian workplace law and the terms of the Labour Agreement, which ensures fair work conditions and pay.