Subclass 482 Nomination Application

Subclass 482 Nomination application to sponsor an overseas worker for Temporary Skill Shortage (TSS) Class GK Subclass 482 visa

If you want to employ an overseas worker you must first lodge a Subclass 482 Nomination application identifying the occupation and the person who will be working in that occupation.

If you are not already an approved Standard Business Sponsor or SBS, you should apply to be one. If your SBS application is refused, your Subclass 482 Nomination application (if lodged) will be refused; and the TSS 482 visa application (if lodged) will also be refused. This is because the Department of Immigration (Department of Home Affairs) will only approve your Subclass 482 Nomination application if you are an approved SBS. Similarly, the Department of Immigration will refuse the TSS 482 visa application if your Subclass 482 Nomination application is not approved.

In addition, you must not have engaged in discriminatory recruitment practices or failed the non-discriminatory workforce test.

You can only nominate an occupation in either the STSOL (click here to find eligible occupation in the STSOL) or MLTSSL (click here to find eligible occupation in the MLTSSL).

Before you lodge your Subclass 482 Nomination application, you must advertise the position nationally and in English. This process is known as Labour Market Testing or LMT.

You are required to provide evidence that you have performed the LMT within 4 months (including redundancy or retrenchment) before you lodge your Subclass 482 Nomination application, unless you are exempted under International Trade Obligations or specified exemptions apply or the nominated occupation is a selected occupation. Click here to learn more.

You must place at least 2 advertisements for the nominated occupation in Australia in a national newspaper or on a recruitment website (for example, click here jobactive.gov.au) with a national reach or on radio with national reach.

Your advertisements must include:

1. job title or position description;
2. experience or skills required;
3. name of the approved sponsor or the name of the recruiting agency; and
4. salary (if the intended annual earnings is lower than $94,000)

You must continue to accept applications for at least 4 weeks after the advertisement is published.

The nominated position must be full-time, that is, 38 hours per week or between 32 and 45 hours if specified under an industry award or agreement, and must be consistent with the National Employment Standard (click here to learn more).

In very limited circumstances the nominated position can be part-time because you are sponsoring a skilled person in niche occupation that would be of benefit to Australia. Part-time work arrangement may be approved where it is reasonable and consistent with the Australian workplace relations framework, for example:

1. overseas academics on factional appointment to Australian universities where they are primarily employed by their home university but undertake discrete or project-based activities in the Australian university for a specified period;
2. medical practitioners who are locum doctor working as an independent medical practitioner in regional or rural area where it is not necessary to be employed on a full-time basis, or working irregular hours in a few locations;
3. non-executive directors and senior specialised managers, for example, highly paid board members appointed by ASX listed companies requiring them to attend board meetings in Australia for a short periods;
4. existing TSS Subclass 482 visa holders who have temporarily reduced their hours of work after working part-time following a period of parental leave or in other circumstances consistent with visa condition 8607.

To submit a Subclass 482 Nomination application, you must also make a training contribution or the Skilling Australians Fund (or SAF) levy. There are no exemptions from the SAF levy unless the Subclass 482 Nomination application is for a Minister of Religion or Religious Assistants under the Labour Agreement stream (click here to learn more).

The SAF levy payable is:

• annual business turnover is less than $10m – $1,200 for each visa year
• annual business turnover is more than $10m – $1,800 for each visa year

If you are not paying the nominee at least $250,000 per year (known as annual earnings or GAE), you must pay him or her not less than $53,900 (known as the Annual Market Salary Rate or AMSR), click here to learn more.

The AMSR excluding any non-monetary benefits must not be less than the TSMIT (Temporary Skilled Migration Income Threshold), unless it is reasonable to do so.

The GAE must not be less than the AMSR, excluding any non-monetary benefits. The GAE must not be less than the TSMIT, unless it is reasonable to do so.

The AMSR must not be inconsistent with Australian labour market conditions relevant to the nominated position.

If your nomination is approved (application fee is $330), you must comply with certain obligations (click here to learn more).

If your Subclass 482 Nomination application is refused, you can apply to the AAT or Administrative Appeals Tribunal for a merits review of the Department of Immigration refusal to approve your nomination. However, if you do not operate a business in Australia, you will not have AAT review right.

Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if you can apply for Subclass 482 Nomination application (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.