Important Things Employers Should Know Before Sponsoring 482 Visas

Currently, Australia is facing significant skill shortages in various sectors. Almost thirty-six percent of assessed occupations are facing a skills shortage, based on the latest Skills Priority List. 

The Australian government is taking significant initiatives in order to meet the skills shortage in the country. A Temporary Skills Shortage Visa (subclass 482) serves the same purpose. This visa is designed to fulfil the labor force shortage by inviting overseas skilled workers to areas where employers cannot find a suitable Australian candidate. 

This blog post is for all those foreign skilled workers and Australian employers, as it addresses some important things employers should know before sponsoring 482 visas.

What is Australian Sponsorship?

The Australian government has established a sponsorship system that allows employers to sponsor talented workers from other countries. These employers or businesses are also known as Standard Business Sponsors. They are required to meet specific duties to protect the program’s integrity and the well-being of overseas workers. In addition to this, sponsors must meet certain requirements. Let’s explore together.

Important Things Employers Should Know Before Sponsoring 482 Visas

Before sponsoring 482 visas, employers should know the sponsorship obligations for Australian Standard Business Sponsors. Here, I’ve listed some of the important obligations and eligibility requirements that employers must meet before sponsoring:

1. Labour Market Testing

Labour Market Testing (LMT) is conducted to find a suitable Australian worker to fulfill the skill shortage in certain areas. If no local candidate is found, then the Australian government allows sponsors to hire skilled foreign workers. 

So, employers must prove that they have made significant efforts to search for a skilled Australian candidate before sponsoring someone overseas. To do so, an employer has to provide evidence of job advertisements for the local workforce for a set period of time. He must keep a record of the hiring process, including reasons why other candidates were not qualified.

2. Eligibility Criteria for Sponsors

Sponsors must meet certain eligibility requirements set by the Department of Immigration and Citizenship. These requirements include the following:

• They must be approved by the Australian government. 
• They must provide evidence that their business is legal.
• Sponsors are required to show their commitment to following Australian laws. 
• They must provide evidence that there’s a genuine shortage of skilled workers in the nominated positions. 
• Employers must guarantee that all non-citizen workers in Australia have a valid work visa.
• Employers must only hire people who have permission to work in Australia, according to the Fair Work Act of 2009.

3. Occupation Nomination

Employers can nominate only those people who have skills and qualifications relevant to those listed on the Skills Occupation List (SOL). Candidates must have at least two years of work experience in the designated position to be eligible for a 482 visa in Australia. It is also the responsibility of the sponsors to ensure that employees work in their nominated occupation only. 

4. Document Preparation

It is important to gather and organize all the required documents before sponsoring 482 visas. These documents include the following:

• Evidence of genuine need in the nominated position.
• Proof of Labour market testing results. 
• Skills, relevant qualifications, and work experience documents.

Make sure that all the documents are accurate and up-to-date.

5. Nomination Obligations

Employers are required to provide the correct and accurate information while nominating a position for TSS visa applicants. This information includes details regarding the position’s nature, skill level, and salary. Under nomination obligations, the government mandates sponsors to ensure that workers are paid a market salary at least equivalent  to the Temporary Skilled Migration Income Threshold (TSMIT). 

6. Skilling Australia Fund

The Skilling Australia Fund (SAF) was established in 2018. The purpose of this scheme is to expand education and trainee programs to assist Australian employment and the economy. All applications for TSS and other employer-sponsored visas must contribute to this fund. However, the amount required from a sponsor varies, depending on the visa and the turnover of the business.

7. Travel Costs for Unsuccessful Placements

If the employment does not work out, the sponsor must pay reasonable and necessary travel expenses. So that the sponsored employee and his family members leave Australia. In case the sponsored employee quits the sponsor’s nominated job, the sponsor must notify the Department of Home Affairs within 10 days of the change.

8. Employment Conditions

The employer must make sure that the sponsored worker is getting paid the same annual wages as mentioned in the nomination application. Moreover, they are expected to ensure safe and appropriate working conditions for their employees. It includes maintaining health and safety requirements and ensuring that employees have access to the appropriate training and equipment.

9. Notifying the Department of Changes

Sponsors must notify the Department of Home Affairs of any changes to their circumstances that may impact their sponsoring duties. This includes changes in the business’s structure, ownership, or contact information. In addition to this, it includes changes affecting a worker’s status or location.

10. Maintaining Essential Records

Sponsors must keep reliable records about their sponsored employees. This involves keeping track of the terms and conditions of the job, salary payments, and any changes in employment situations. These records should be retained for at least five years and made available for review when requested.

11. Compliance with Inspections and Audits

The Department of Home Affairs performs inspections and audits to ensure that sponsors fulfill their commitments. Sponsors must fully cooperate with these inspections, which may include providing records and information to ensure compliance.

12. Costs to Remove an Unlawful Non-Citizen

If your employee or any of their family members becomes an unlawful non-citizen, you may be required to refund the Commonwealth’s costs of relocating them from Australia.

13. Training Obligations

Some sponsors may have additional requirements for training Australian nationals and permanent residents. These training requirements aim to help grow Australia’s skilled workforce. Sponsors are usually obligated to invest in training initiatives to meet this responsibility.

Final Thoughts

Australian Standard Business Sponsors play an important role in enabling skilled migration to Australia. However, this responsibility comes with a set of responsibilities that sponsors must fulfill. These requirements are intended to protect the integrity of the sponsorship program and the welfare of sponsored workers. Therefore, employers must meet these requirements to uphold the high standards of employment and safety of Australia’s workers.

Related Articles:

A Comprehensive Guide to Temporary Skills Shortage Visa (subclass 482)

Explore 482 Visa to Permanent Residency Pathway via TRT Stream

FAQs

How do I sponsor someone on a 482 visa?

To sponsor someone on a 482 visa, an employer must follow these steps:

• First, you have to submit an application to the Department of Home Affairs to become an approved sponsor.
• After approval from the department, the next step is to nominate a position for the employee. Make sure that the job is on the skill shortage list and for a genuine position.
• Provide evidence that you have conducted labor market testing to find a local worker in Australia. 
• Then ask your sponsored employee to submit an application for the 482 visa. 

How long does 482 sponsorship take?

Typically, the nomination applications for a 482 visa sponsorship take 3 to 6 weeks to process. However, the visa application process can take up to three months for the short-term stream and five months for the medium-term and labor agreement streams.

What is the approval rate for the 482 visa?

It has been observed that the approval rate for the 482 visa is 98%.