The 482 visa is a temporary, employer sponsored visa for skilled foreign workers employed in specified occupations and allows employers to sponsor workers with suitable skills and qualifications where a suitable Australian worker cannot be sourced. It also offers some pathways to permanent residency, making it an appealing option for workers wanting to stay in Australia on a more long-term basis.
What are the stages of a 482 visa application?
There are three key stages of a 482 visa application, each with their own specific eligibility and evidentiary requirements. These three stages are the:
- Standard Business Sponsorship (SBS), where the company applies for permission to sponsor employees for employer sponsored visas;
- Nomination, where the business nominates a position with their organisation; and
- Visa, where the applicant demonstrates they meet the requirements for a 482 visa.
Ultimately, the nominated occupation must be genuine and be used exclusively to address skills shortages. You can read more about addressing the 482 requirements to meet the genuineness criteria in the 482 visa nomination here.
What are the eligibility requirements of the 482 visa?
The 482 visa itself has three streams, each with their own eligibility requirements. These streams are the:
- Short-term stream;
- Medium-term stream; and
- Labour agreement stream.
Broadly speaking, eligibility requirements for the 482 visa are that an applicant have an approved nomination, have the skills and experience to fill that role, and meets the relevant English, health, and character criteria.
What documents are required for a SBS application?
A SBS generally lasts for 5 years from the date of approval. Once approved, a business is able to nominate positions within their business to fill with foreign skilled workers. To apply for a SBS, the business will need to prove they are lawfully operating. Some of the documents to include are outlined below:
Australian Business Number (ABN) registration certificate or Australian Registered Body Number (ARBN) registration certificate
Extract from the Australian Securities and Investment Commission’s (ASIC) business name register
Profit and loss statements
Annual report from the most recent financial year
Tax returns from the most recent financial year
Recent business activity statements (BAS)
Recent bank statements
Contracts to provide goods or services
Evidence of staff
Evidence of intention to set up business operations in Australia (if relevant)
What documents are required for a 482 nomination?
Once a business has a SBS, they will then be able to nominate a position within their company to be filled by a foreign skilled worker. When applying for a 482 nomination, documents that should be provided include:
Employment contract of a previous worker in the same role
Employment contract for candidate
|Financial capacity to fill role||
Letter of support from an accountant showing the company is of a going concern
Evidence of new contracts / business won
|Labour Market Testing||Evidence the labour market testing (LMT) requirements have been met or submissions as to why LMT is not required|
Available job advertisements for similar roles / salary remuneration reports
Employment contract of Australian employees undertaking the same work at the same location
What documents are required for a 482 visa?
Ultimately, the 482 visa requirements will depend on the individual circumstances of the applicant and their family members, which will in turn impact the specific documents required for your 482 visa application. However, for a general 482 visa checklist guide, refer to the table below:
|Passport sized photograph||✔||✔|
|Other identity documents (such as national identity cards)||✔||✔|
|Relevant change of name documents||✔||✔|
|Marriage certificates / de facto registration (spouse)||✔||✔|
|Birth certificates (children)||✖||✔|
|Relevant qualification certificates and academic transcripts||✔||✖|
|Relevant skills assessment||✔ *||✖|
|Previous employment references||✔ *||✖|
|Relevant registration or licenses||✔ *||✖|
|Police clearances from every country you have spent 12 months or more in the past 10 years (since turning 16 years of age)||✔||✔|
|Evidence of health insurance (see here)||✔||✔|
|Health assessments (if required)||✔||✔|
|Evidence of English language proficiency (noting that the English language proficiency requirements are slightly higher for the medium-term stream compared to the short-term stream)||✔||✖|
* Applicants holding particular passports working in occupations on the following legislative instrument will require a positive skills assessment for a 482 visa application. An applicant may also require evidence of previous employment (through reference letters) if they do not have qualifications and / or ANZSCO requires that they demonstrate a number of years of experience. Licensing and registration may also be required depending on the ANZSCO occupation.
Lastly, it is important to note that applicant’s applying under the “short-term” stream will also need to demonstrate that they are a “genuine temporary entrant”. We recommended that an applicant includes a clear statement in relation to their future plans in Australia to address this.
The above is a general checklist so further information may be required
Who can I include in my 482 visa application?
Your family can be included in your 482 visa as secondary applicants. This includes your spouse or de facto partner, dependent children under 18 years of age, and dependent children over 18 years of age in certain circumstances.
To include dependents over 18 years of age (up to 23 years of age) who are not your spouse / de facto partner, you need to provide additional evidence that they are financially dependent on you or your partner. ‘Dependency’ refers to your child being substantially reliant on you to meet their basic needs. To demonstrate dependency, your 482 dependent visa document checklist should include evidence that:
- they live with you (bills / lease agreements);
- they are a full time student (course enrolment);
- you send the money (bank statements)
In limited circumstances a dependent child over 23 years old can be included with your 482 visa (e.g. if they have a recognised disability).
I have lodged my 482 visa – what happens now?
If you are in Australia and have lodged a 482 visa application, you will be granted a bridging visa A (BVA) to allow you to remain in Australia while a decision is made. A BVA application is typically submitted alongside your 482 visa application simultaneously (and automatically). Please note that you will not be allowed to re-enter Australia if you depart on a BVA. You will need to apply for a different type of bridging visa if you wish to travel.
You can learn more about bridging visas and what they mean for your immigration status here.
If you are outside Australia when you apply for your 482 visa application, you will need to wait for it to be granted before entering Australia (or otherwise obtain another visa to allow you to first travel).
Do you require further assistance?
If you require assistance with your 482 visa application, or have any other immigration related queries, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.