If you're considering working in Australia or hiring foreign talent, understanding the intricacies of the Subclass 457 and 482 visas is essential. These visas have been instrumental in shaping Australia's workforce and immigration policies. In this Business Kitz blog post, we'll walk you through the key aspects of both visas, highlighting the differences, eligibility criteria, and the steps to secure a Subclass 482 visa. So, whether you're a prospective skilled worker or an Australian employer looking to sponsor overseas talent, continue reading to gain valuable insights into the process and requirements!

What is an Australian subclass 457 visa? 

The Subclass 457 visa was a temporary work visa in Australia that allowed foreign workers to work in Australia for up to four years if they were sponsored by an approved Australian employer. This visa program was in effect until March 2018, when it was replaced by the Temporary Skill Shortage (TSS) (Subclass 482) visa program as part of a broader effort to streamline the country's immigration system.

What are the criteria for the subclass 482 visa?

The subclass 482 visa, also known as the Temporary Skill Shortage (TSS) visa, replaced the Subclass 457 visa in 2018. According to the TSS Immigration website, the criteria for a 482 visa, also known as the Temporary Skill Shortage (TSS) visa, are as follows: 

• Nomination by a sponsoring employer: The visa applicant must be nominated by an Australian employer who is seeking to sponsor the worker to fill a genuine skill shortage in their business. 

• Occupation requirements: The applicant’s occupation must be listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Short-term Skilled Occupation List (STSOL). 

• Minimum English language proficiency: The applicant must have a minimum of score of 5 in each component of the International English Language Testing System (IELTS) or as determined by the Department of Home Affairs.  

• Work experience: The applicant must have at least two years of relevant work experience in their nominated occupation and meet the relevant licensing or registration requirements for that occupation 

• Health and character requirements: The applicant must pass the health and character requirements as determined by the Department of Home Affairs. 

• Labour Market Testing: The employer must demonstrate that they have undertaken Labour Market Testing (LMT) to prove that there are no suitable Australian workers available to fill the skill shortage. 

• Market salary rate: The applicant must be paid the market salary rate for their nominated occupation, as determined by the Department of Home Affairs. 

• Business operations: The employer, must provide evidence that their business is operating in a financially viable manner, and they have a good history of complying with immigration and workplace laws. 

• Age requirements: The applicant must be under the age of 45 (unless an exemption applies). 

• Temporary nature of the visa: The 482 visa is a temporary visa, and the applicant must have a genuine intention to remain in Australia temporarily. 

• No access to permanent residency: The 482 visa does not provide a pathway to permanent residency. 

The mentioned criteria can be subject to change, hence applicants should refer to the Department of Home Affairs website for the most up-to-date information. 

What are the differences between the subclass visa 457 & 482?

Subclass 457 and Subclass 482 visas are distinct temporary work visas for foreign workers in Australia, each with its unique features.

The Subclass 457 visa, formerly known as the Temporary Work (Skilled) visa, was designed for skilled workers sponsored by Australian employers and granted up to four years of stay.

In contrast, the 482 visa, also called the Temporary Skill Shortage (TSS) visa, took over from the 457 visa. It introduces significant differences:

1. Occupation List: The 482 visa has a shorter, more restricted list of eligible occupations than the 457 visa.

2. Dual Streams: The 482 visa offers two streams - Short-term (stays up to two years) and Medium-term (stays up to four years).

3. Labour Market Testing: Employers must provide evidence of Labour Market Testing (LMT), demonstrating that they've tried recruiting local workers before sponsoring overseas staff.

4. Training Obligation: The 482 visa has a new training obligation for sponsors. They must contribute to a fund for Australian worker training.

5. Stricter Sponsorship: The 482 visa imposes tougher requirements, including mandatory police clearances and higher sponsorship fees.

In essence, the 482 visa brings more stringent regulations, aimed at addressing skilled worker shortages in specific industries. 

How do I obtain an Australian subclass 482 Visa?

In order to obtain an Australian Subclass 482 visa, you will need to follow these steps:

1. Identify the occupation you want to work in: The Subclass 482 visa is available for skilled workers who have been offered a job in Australia in an occupation on the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL). 

2. Find a sponsor: Your employer in Australia must be approved as a Standard Business Sponsor (SBS) by the Department of Home Affairs. Your sponsor will also need to provide a nomination for your occupation. 

3. Lodge a visa application: You will need to complete and submit an online visa application, including all required documents and information, such as your English language proficiency. 

4. Attend a medical examination: You may be required to attend a medical examination to ensure you are in good health and free from any diseases of public health significance. 

5. Wait for visa processing: Once your application is lodged, it will be processed by the Department of Home Affairs. Processing times may vary, so it’s best to check the visa processing times on the Home Affairs website.

Once your visa is approved, you can travel to Australia and start working for your sponsor! In essence, it is important to understand the requirements and eligibility criteria of the visa and to seek advice from professionals who can guide you through the process and ensure your application is successful.

Legal Advice

If you're navigating the complexities of Australian work visas or seeking guidance on the visa application process, we're here to help. Check out our Business Kitz Subscription tooday to access our full range of legal, commercial and employment documents to ensure that your business operations are compliant. Whether you're an employer sponsoring skilled workers or an individual seeking to work in Australia, our partner, Legal Kitz can assist you. You can also schedule a FREE consultation with one of their experienced professionals by clicking here, or get in touch at info@legalkitz.com.au or 1300 988 954. We're here to ensure your business or career aspirations align with legal regulations.