Skills in Demand Visa (Subclass 482)

The Skills in Demand visa is issued to offset the labour shortages in Australia; hence if you want to apply for Core Skills Streams, the first thing you should do is investigating if your occupation is on the Core Skilled Occupation List (CSOL) published by the Department of Home Affairs.  

If your occupation is on this list, you must check if you satisfy all other requirements for a visa application. These requirements vary depending on visa streams, but generally they include English proficiency, working experience, health and character checks.  

It is compulsory to have a sponsored employer in order to apply for this visa type. As the application will involve multiple processes and fees covered by the employer, you must find a suitable sponsor who really appreciates the value of your capacity and is keen on sponsoring you. 

Your employer must apply for sponsorship by creating an account on the ImmiAccount website and submitting all required documents. In the application, your employer has to show that he/she is not able to find a worker in the Australian workforce market to fill his/her organisation’s vacancy. The fee for sponsorship application is AUD 420.  

There is only one case where your employer does not need to apply for sponsorship, which is when you apply for the labour agreement stream under a 482 visa. However, in this case, your employer must submit a request to be a part of the labour agreements. 

After the sponsorship is approved, your employer can nominate you for a position in his/her organisation and lodge a nomination application for you. The nomination application needs to include the position description details, salary information, and previous efforts to look for an Australian worker. The nomination fee for a SIF 482 visa is $AUD 330.  

• Your employer can demonstrate that this position contributes to the continuous operation and development of the business. It had previously been filled by another worker, but he/she cannot find a local employee for this position at this stage.  
• There is a significant increase in demand for the business’ services; therefore hiring more staff is undeniable.  
• Your employer can also give convincing evidence that his/her business is being expanded with new products or services, leading to the need for a new position. A very detailed business plan should be submitted in this case to persuade the case officer.  

The Skills In Demand visa can be granted for up to 4 years. Hong Kong or British National Overseas passport holders are exceptional in this regard as they can stay up to 5 years with a SID visa.  

If your current Skills In Demand is due to expire, you can apply for a new visa if your employer is still sponsoring for you. Alternatively, you can apply for a transition to permanent residency (visa subclass 186) after two years of employment.  

Your spouses of temporary skilled shortage visa holders have unrestricted work rights in Australia if they are under visa 482 together with you.  

While working for your sponsor, you are allowed for part-time studies to improve your skills. However, you will not receive any government subsidy to assist you with your study.  

Given that Skills in Demand is one of employer sponsored visas, SID visa holders are allowed to work for the sponsoring employer only. Undertaking a second job is considered as breaking the 482-visa condition. However, there are certain occupations exempt from this rule, which are CEOs, General Managers and General Medical Practitioners. 

If you cease employment with your current sponsor, he/she has an obligation to notify the Department of Home Affairs of your resignation. If you are not sponsored by another employer or if you do not apply for another visa within 180 days, then you would be in breach of a 482-visa condition and will be at risk of visa cancellation.  

If SID visa holders wish to change their working companies, they must go through the similar process of applying for a new SID visa. It means that they must find another Australian business to sponsor and lodge a “nomination transfer” with the Department of Home Affairs to transfer the nomination to their business. The SID visa holders can start working for the new company once the new sponsorship and nomination are approved. It is noted that the new job duties must be the same as what the visa holders registered when they applied for a 482 visa.  

When 482 visa holders change their working places, they can work for the new employers for the remaining time left on their visas. Once their current visas are expiry, they can renew the 482 visa or apply for permanent residency if eligible. 

If your employer no longer sponsors you, don’t panic! There are two visa options for you in this case. You can find a new employer who is willing to sponsor you within 180 days of your employment termination. Bear in mind that the new nomination must be submitted within 180 days from the date your employment is ceased, otherwise, you will be in breach of your 482 visa conditions. 

The second option is to apply for another visa type to stay in Australia. If you accumulate enough 3 years of working experience and have completed Skills Assessment, you are eligible for a permanent residence (PR) visa if you can find an eligible sponsor for the 186 Direct Entry stream. In case you are not able to apply for PR, you can look at other options such as student and partner visas. With urgent cases where you do not have enough time to prepare for student or partner visa applications, you can apply for a visitor visa as the process and documents required for this visa are relatively simple.  

Your sponsors have a right to terminate the employment with you, but they do not have the authority to cancel your visas. What your sponsors can do is to inform the Department of Home Affairs once they stop hiring and sponsoring you. 

Apart from 186 ENS visa, 482 Visa holders might be eligible to apply for 189 Skilled Independent Visa, 190 Skilled Nominated Visa or 820/801 Partner Visa depending on your own situation. 

Yes, usually 186 ENS Visa applicants must be less than 45 years old except for those who are nominated as an academic in the Australian University or nominated as a scientist, researcher or technical specialist by an Australian scientific government agency or you are holding 444 or 461 New Zealand related visas for at least 2 years.