Business Sponsorship Visa (Subclass 482)
Complete help and guidance including consulting, application filling and communication with the Immigration Department.
Who is suitable for this visa?
The Temporary Skill Shortage (TSS) visa (subclass 482) is the most used programme for employers to sponsor overseas workers to work in Australia on a temporary basis.
The subclass 482 visa enables employers to address labour shortages by employing genuinely qualified or skilled workers where they cannot find an appropriately skilled Australian.
How do I apply for a subclass 482 visa?
The sole purpose of this visa is for businesses to have the option of employing someone who is not an Australian Citizen, has a specific skillset which is part of the current Occupation List and the same required skillset cannot be found in Australia.
This visa is appropriate for a business who needs to fulfil a vacant position and employ someone who has that skill set.
The selected candidate must be part of either Short-Term Skilled Occupations List (STSOL) where the candidate’s visa will be valid for up to two years, and they will not be eligible to apply for Permanent Residency in the future OR Medium and Long Term Strategic Skills List (MLTSSL) where the candidates visa may be valid for up to four years with eligibility for Permanent Residency after three years.
To simplify, we have outlined three steps for the employer and the employee to obtain and apply for a The Temporary Skill Shortage (TSS) visa (subclass 482).
STEP 1 – STANDARD BUSINESS SPONSORSHIP (SBS)
SBS is an agreement with the Australian government that permits certain Australian business to sponsor overseas employee(workers). Before sponsoring an employee, the business must get approval from the Immigration Department and get a STANDARD BUSINESS SPONSORSHIP. To gain SBS agreement, the business must explain its all lawful and active operations within Australia, which includes:
- Correct ABN number to apply under.
- Registered business name
- Provide Business Activity Statement (BAS)
- Provide financial statement
STEP 2 – NOMINATION
After SBS, the business must nominate a position which they want to be fulfilled by an overseas citizen. Steps for nomination are:
LABOUR MARKET TESTING
Before sponsoring an overseas citizen for their business, they must test the labour market. For testing any eligible candidate within Australia, the business has to post two advertisements in the past four months in a minimum period of 28 days.
SALARY LEVEL
The two requirements for salary level are:
- The salary must be above the Temporary Skilled Migration Income Threshold (TSMIT).
- The salary which will be put forward to the applicant must be within the market rate for the role, which ensures that the applicant will get paid according to Australian law.
The suggested processing time as per Home Affairs website is:
Partner visa (temporary)
STEP 3 – VISA APPLICATION
In this step, the candidate will apply for the position available to get the visa. The candidate will provide all his supporting documents, for example, his experience or skill set for the required job, health certificate and character/police certificate.
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Can this visa lead to Permanent Residency for the employee?
This visa can lead to permanent residency only if you are employed under the circumstances of Medium-Long term stream, which is a category of TSS visa. If you work for fours year under the company, there might be a chance of getting permanent residency.
Can the employee bring his wife/partner and children on this visa?
Yes, you can bring your family as secondary applicants with this visa stream. Secondary applicants my include spouse or children.
How can we help?
Shaheen Legal has assisted many businesses’ by getting a successful Standard Business Sponsorship and helped many candidates getting a successful nomination and visa.
We understand the complexity and challenges with the ongoing changes with Immigration Law. Therefore, we want to assist you with a smooth process where you do not have to worry about the foreseeable challenges in receiving this visa.
To discuss your options, please get in contact with one of our experienced solicitors.
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