A Guide to the 3 Stages of the 482 and 494 Visas

Are you an employer in Australia looking to hire skilled talent from overseas? Or a skilled professional dreaming of a career down under? The Skills in Demand (SID) visa (Subclass 482) and the Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494) are two of the most important pathways for employer sponsorship.

Both visas follow the same three-stage application process. Understanding each stage is key to a smooth journey and a successful outcome. This guide will break down the crucial steps for both employers and visa applicants.

An Overview of the 3-Stage Journey

The application process for the 482 and 494 visas can be thought of as a journey with three distinct steps, each building on the last. It is a partnership between the sponsoring business and the skilled worker.

1. Sponsorship: The business must first be approved by the Australian Government to become a Standard Business Sponsor (SBS).
2. Nomination: The approved business then nominates a specific skilled position that needs to be filled.
3. Visa Application: Finally, the skilled worker applies for their visa to work in the nominated position.

Getting each of these stages right is essential. A mistake in one part can jeopardise the entire process.

Feeling ready to begin? Chat with an agent at Australian Migration Agents to map out your journey.

Stage 1: Becoming an Approved Business Sponsor

Before a business can sponsor anyone, it must apply to become a Standard Business Sponsor (SBS). This involves proving to the government that the business is legally established and actively operating in Australia.

What You Need to Provide

To prove it is legally established, an Australian business will need to provide its ABN (Australian Business Number) and company registration details. To show it is actively operating, the evidence required depends on the business's age and size.

• For established businesses: An annual financial report is often enough.
• For newer or smaller businesses: More documents are needed, such as recent tax returns, Business Activity Statements (BAS), and business bank statements.
• For brand new businesses: You can provide a detailed business plan, contracts for services, a lease for your premises, and evidence of any staff you have hired.

A business must also have a clean record with no history of non-compliance with sponsorship rules or other workplace laws.

Tip for Employers: Keeping good financial records and a clean compliance history is crucial. This will make your Standard Business Sponsorship application much smoother.

The Sponsorship Application Steps

The application is lodged online through an ImmiAccount with all the supporting documents. The current government fee is $420. Once approved, a Standard Business Sponsorship is valid for five years, meaning you do not have to repeat this stage every time you want to sponsor a new employee.

Stage 2: Nominating a Position for a Skilled Worker

Once the business is an approved sponsor, the next step is to nominate the specific role you want to fill. This is a critical stage where many applications run into trouble.

Defining the Role and Choosing a Stream

In the nomination, the employer tells the government about the skilled position, why it is needed, and who they want to hire for it. The nominated role must fit into one of the streams of the Skills in Demand visa:

• Specialist Skills Pathway: For highly paid, top-tier roles.
• Core Skills Pathway: For most standard skilled jobs on the Core Skills Occupation List.
• Labour Agreement Pathway: For employers with unique needs, often used to address specific regional shortages through a special agreement with the government.

The employer must prove the job is genuine and was not just created to help someone get a visa.

Meeting Salary and Labour Market Requirements

The salary offered for the role must be fair. It cannot be used as a way to undercut local wages. The pay must meet two key criteria:

1. It must be at or above the minimum salary threshold for the chosen stream (e.g., at least $76,515 for the Core Skills Pathway).
2. It must match the Annual Market Salary Rate (AMSR), which is what an Australian worker would be paid for the same job in the same location.

Getting the nomination right is critical. If you're an employer unsure about salary rates or proving the role is genuine, our team can provide clear guidance.

Stage 3: The Visa Application for the Skilled Worker

The final stage is where the nominated person applies for their visa. While it might seem like the last hurdle, careful attention to detail is still needed.

Proving Your Skills and Experience

As the visa applicant, you must prove you have the right qualifications and work experience for the job. You will need to provide documents like your qualification certificates, detailed employment reference letters, tax documents, and payslips. The Department of Home Affairs will check these carefully to ensure your experience matches the duties of the nominated occupation.

Tip for Applicants: Your employment reference letters are key! Make sure they are detailed and clearly describe duties that match your nominated occupation.

Meeting Health and Character Checks

All applicants must meet Australia’s strict health and character requirements. This involves getting police clearance certificates from every country you have lived in for 12 months or more in the past 10 years. You may also need to undergo a health examination. Any undisclosed criminal conviction or a health condition that could be a significant cost to the community can lead to a refusal.

Understanding the Visa Conditions

If your visa is granted, you must adhere to its conditions. A key condition for 482 visa holders is that you can only work for the employer who sponsored you in your nominated role. If you leave your job, you now have up to 180 days to find a new sponsor before you would need to leave Australia or apply for a different visa.

How Our Migration Agents Can Help You Succeed

Failing at any stage of this process can mean losing a job offer and months of time and effort. The 482 and 494 visa pathways are gateways to a career in Australia and can lead to permanent residency, so it is important to get it right.

If you are an employer or a skilled worker feeling unsure about the requirements, our team at Australian Migration Agents can help. We have assisted many businesses and professionals to navigate this three-stage process smoothly. We provide the professional guidance you need to prepare a strong application.

Book a consultation with our friendly team today to discuss your visa options.