Introduction
Visa Subclass 482 is a Skill in Demand visa that allows employer sponsors to enable employees to stay in Australia for up to four years. While it is a temporary visa, it can serve as a pathway to the permanent Subclass 186 visa, which grants the ability to live and work indefinitely in Australia.
What is the pathway to change from Visa Subclass 482 to Subclass 186? For 482 visa holders, the most common pathway to the 186 visa is through the Temporary Residence Transition Stream.
What Are the Key Requirements for Transitioning from 482 to 186 Visa?
Employer Requirements: The sponsoring business must:
- Be active and operating lawfully in Australia.
- Have a genuine need to employ a skilled worker to fill a specific position.
Position Requirements:
- The position must be full-time and available for at least two years.
- The occupation must be on the current Medium and Long-Term Strategic Skills List (MLTSSL).
- The annual salary for the position must be at least $73,150 and meet the market salary rate for the nominated occupation.
Employee (Visa Applicant) Requirements:
- Hold or have previously held a Subclass 482 visa. If on a bridging visa, it must have been granted within one year after the Subclass 482 visa expiry date.
- Have worked for the sponsoring employer on the Subclass 482 visa for at least two out of the last three years.
- Demonstrate competent English proficiency (e.g., IELTS score of at least 6.0 in each component or equivalent).
- Be under 45 years of age at the time of application (exceptions apply for certain cases).
- Meet health and character criteria.
What Is the 186 Visa Application Process?
Step 1: Employer Nomination Application
Your employer must lodge a nomination application with the Department of Home Affairs to nominate you for the skilled occupation. The position must meet the requirements outlined above.
Employers must also pay the Skilling Australians Fund (SAF) levy for each nomination application. The levy amount depends on the business’s annual turnover:
- For employers with an annual turnover of less than AU$10 million, the SAF levy is AU$3,000 per nomination.
- For employers with an annual turnover of at least AU$10 million, the SAF levy is AU$5,000 per nomination.
Step 2: Visa Application
You must lodge your visa application at the same time as the employer’s nomination application or within six months after the nomination application is approved.
At the time your Subclass 186 visa is granted, you can be either in Australia or overseas. There is no requirement for where you should live while awaiting the 186 visa.
Conclusion
Holding a Subclass 482 visa provides a valuable opportunity to transition to permanent residency via the 186 visa through the Temporary Residence Transition Stream. Once granted the 186 visa, you will gain Australian permanent residency and become eligible for Australian social security benefits.
FAQs
- I am over 45 years old. Am I still eligible for a 186 visa?
You can still apply for the 186 visa under the Temporary Residence Transition Stream if you meet one of the following conditions:
- You are nominated as an academic staff member by an Australian university.
- You are nominated as a researcher, scientist, or technical specialist (skill level 1 or 2) by an Australian university or scientific government organization.
- You are nominated as a medical practitioner who has worked in a regional area for at least two years under a 482/457 visa within the last three years.
- Can I change employers during the transition from 482 to 186?
If you change employers while on a Subclass 482 visa, you must work for your new employer in the nominated occupation for at least two years before becoming eligible for the 186 visa under the Temporary Residence Transition Stream. Alternatively, you may explore the Direct Entry Stream if eligible.
- How long does the transition process take?
Processing times for the 186 visa typically range from 5 to 12 months.
- Can family members be included in my 186 visa application?
Yes, your immediate family members (spouse/partner and dependent children) can be included in your Subclass 186 visa application. They must also meet health and character requirements.
Wish to discuss your case in detail? Contact our experienced Migration Agent today at 07 3003 1899 or hello@solmigration.com for personalised consultation.