19 March 2018

Commencement of the Subclass 482 (Temporary Skill Shortage) visa

On 18 March 2018, the Federal Government introduced the Subclass 482 visa program designed to take over the Subclass 457 Temporary Skilled Visa. Key features of the program which have not been introduced yet are the Skilling Australians Fund (SAF) and amended Labour Market Testing (LMT) provisions as these are subject to the passage of legislation.

The SAF will take over the current training provision and will require employers to make an upfront contribution for each employee it wishes to sponsor under the 482 program. As for the LMT, this is already a mandatory requirement for certain occupations but we expect stricter guidelines such as advertisements being published in English and mandatory use of national recruitment websites.

In the meantime, the following requirements will now apply under Subclass 482:

  • The applicant must have worked in the nominated occupation or a related field for at least 2 years prior to lodgement. The rigidity of this interpretation has not been tested but it is expected that anyone who is going to be nominated for a role needs to have accumulated fulltime work experience (minimum 35 hours a week) in the nominated role prior to being sponsored for the 482
  • The applicant is a genuine applicant for entry. The Department of Home Affairs (DHA) will now assess the applicants immigration history to ensure they have been compliant with previous visa conditions
  • English language requirement. Unless the applicant holds a valid passport from the United Kingdom, United States, Ireland, Canada or New Zealand, they may need to complete an English language test. If the applicant has completed five years fulltime study at a secondary or higher education they are taken to satisfy this requirement. The other exemption is if they are transferring to Australia and going to be paid a base salary above $96,400 per annum
  • The minimum pay a 482 employee will need to be subject to is $53,900 excluding superannuation per annum
  • Skills assessment will be required for those nominated as a program or project administrator or specialist manager (not elsewhere classified). The provision for mandatory skills assessment based on the persons’ nationality and type of occupation they are being sponsored for will continue to apply.

The visa fee component has increased under the 482 program. For an occupation appearing on the short-term list, the base application fee is now $1,150. Family members above 18 are charged $1,150 and under 18 are $290.

For an occupation appearing on the medium term and labour agreement streams, the base application fee is now $2,400. Family members above 18 are charged $2,400 and under 18 are $600. Costs for the sponsorship ($420) and nomination ($330) components remain the same.

We anticipate the LMT and SAF requirements will commence shortly. We are monitoring updates coming from the government as well the DHA and will bring them to you as they appear.


Mark’s practice encompasses both litigious and non-litigious applications of employment and industrial relations law...

Kristopher advises on all aspects of migration to Australia, with particular emphasis on employment-related migration. He has advised a...

Related Practices

You might be also interested in...

Thinking | Thu 03 2007

Corporate and Financial Services Reform Update March 2007

The first tranche of draft regulations was released for public consultation on 26 March 2007 as part of the Corporations and Financial Services Regulation Review process. Some key issues dealt with in the first round of draft regulations are set out below: Keeping Financial Services Guides and Product Disclosure Statements up to date Where there […]

Thinking | Mon 05 2007

Compensation Arrangements for Financial Services Providers

Yesterday the Parliamentary Secretary to the Treasurer (Chris Pearce), announced that regulations to complement section 912B of the Corporations Act 2001 (the Act) are expected to be made by 1 July 2007. The Act requires financial services licensees that provide financial services to retail clients to have in place appropriate compensation arrangements. The arrangements must either be approved […]