A Frequently Asked Questions (FAQ section) provides clear, concise answers to common questions, addressing concerns and offering quick solutions to enhance user experience and resolve frequent inquiries.
EMPLOYER SPONSORSHIP FAQS
How Does the New Skills in Demand (SID) Visa Work for Employers and Applicants?
The Skills in Demand (SID) visa, under Subclass 482, lets Australian employers sponsor skilled workers from other countries. This helps fill job shortages. Employers must be approved sponsors and nominate occupations from the Core Skills Occupation List (CSOL).
If offering a salary of $135,000 or more, a wider range of occupations may qualify. Visa applicants need relevant skills, qualifications, and at least 1 year of work experience in the nominated occupation. Meeting English language, health, and character requirements is mandatory.
This three-stage process—business sponsorship, nomination, and visa application—requires careful compliance. Contact Emigrate Lawyers for expert guidance on employer sponsorship visa applications.
If offering a salary of $135,000 or more, a wider range of occupations may qualify. Visa applicants need relevant skills, qualifications, and at least 1 year of work experience in the nominated occupation. Meeting English language, health, and character requirements is mandatory.
This three-stage process—business sponsorship, nomination, and visa application—requires careful compliance. Contact Emigrate Lawyers for expert guidance on employer sponsorship visa applications.
Can I Change Employers While on a Subclass 482 Employer Sponsored Visa?
Yes, you can change employers on a Subclass 482 Temporary Skill Shortage visa. Your new employer must be an approved sponsor. They also need to submit a new nomination application for your job. You cannot start work with the new sponsor until approval.
Switching jobs without proper nomination approval may breach your visa conditions, risking cancellation. Legal advice is recommended for a smooth employer transfer.
Switching jobs without proper nomination approval may breach your visa conditions, risking cancellation. Legal advice is recommended for a smooth employer transfer.
Can I Add My Partner or Child to My Employer Sponsored Visa?
You can add your spouse or child as a dependent on your Subclass 482 visa. This is done through a subsequent entrant application. Dependents must meet health and character criteria. While your employer sponsors you, they do not sponsor your family members directly.
Once approved, your family can live, study, and work freely in Australia.
Once approved, your family can live, study, and work freely in Australia.
Can My Partner Work on a Subclass 482 Employer Sponsored Visa?
Yes. A spouse or de facto partner listed as a dependent on your Subclass 482 visa is granted full work rights in Australia. They can work for any employer and in any job. They are not limited by the rules of the main visa holder's sponsorship.
Can My Sponsor Cancel My Subclass 482 Visa?
No, your employer (sponsor) cannot directly cancel your visa. Only the Department of Home Affairs has the authority to cancel a visa. However, if your employment ends, your sponsor is required to notify the Department.
After you stop working, you usually have 60 days. During this time, you can find a new sponsor, apply for a different visa, or leave Australia. It’s crucial to act promptly and consider your options during this period.
After you stop working, you usually have 60 days. During this time, you can find a new sponsor, apply for a different visa, or leave Australia. It’s crucial to act promptly and consider your options during this period.
Can I Change Companies on a Subclass 482 Employer Sponsored Visa?
Yes, but the new company must be an approved sponsor and lodge a fresh nomination for your role. You cannot start working with the new employer until the Department approves this nomination.
Changing employers without following this process can breach your visa conditions and lead to cancellation. Always confirm the nomination has been approved before making the switch.
Changing employers without following this process can breach your visa conditions and lead to cancellation. Always confirm the nomination has been approved before making the switch.
Is It Mandatory for Employers to Advertise the Position Before Sponsoring a Worker?
Yes, under the Labour Market Testing (LMT) rule, employers must advertise the job. This shows that no suitable Australian workers are available.
The ads must:
- Be posted on at least 3 platforms (e.g., jobactive, Seek, LinkedIn)
- Run for at least 28 days
- Include job title, location, duties, and salary
Posting only on your business website or social media does not meet LMT obligations. Ads must appear on national or reputable job boards.
The ads must:
- Be posted on at least 3 platforms (e.g., jobactive, Seek, LinkedIn)
- Run for at least 28 days
- Include job title, location, duties, and salary
Posting only on your business website or social media does not meet LMT obligations. Ads must appear on national or reputable job boards.
Am I Eligible for the Subclass 186 Temporary Residence Transition (TRT) Stream After Changing Employers?
To qualify for the Subclass 186 Temporary Residence Transition (TRT) stream, you usually need to work full-time. You must have worked for the same employer for 2 of the last 3 years on a Subclass 482 visa.
If you recently changed jobs and haven’t met the waiting period, you will need to wait to be eligible. It’s essential to monitor the timing and check any policy updates under the new migration reforms.
If you recently changed jobs and haven’t met the waiting period, you will need to wait to be eligible. It’s essential to monitor the timing and check any policy updates under the new migration reforms.
What Are the Employer Sponsored Permanent Residency Pathways (Subclass 186)?
The Subclass 186 Employer Nomination Scheme (ENS) offers permanent residency for Subclass 482 visa holders through:
- Temporary Residence Transition (TRT) stream: Requires 2 years of employment with the same sponsor.
- Direct Entry stream: For applicants who may not meet TRT criteria.
- Labor Agreement stream: For employers with specific agreements.
All streams require nomination by an approved employer, relevant occupation, and meeting health, character, and English language standards.
- Temporary Residence Transition (TRT) stream: Requires 2 years of employment with the same sponsor.
- Direct Entry stream: For applicants who may not meet TRT criteria.
- Labor Agreement stream: For employers with specific agreements.
All streams require nomination by an approved employer, relevant occupation, and meeting health, character, and English language standards.
My Company Was Sold While I’m on a 482 Visa – When Can I Apply for PR?
If you have a Subclass 482 visa and your sponsoring company is sold, your new employer must be a legal successor. They need to take over the sponsorship obligations.
As long as the new entity takes over your sponsorship seamlessly, your work period continues to count toward 186 TRT eligibility. If you keep your job under similar conditions, you can apply for permanent residency. You must complete 2 out of the last 3 years with the same business.
It's recommended to confirm that the transfer of sponsorship has been formally completed with the Department of Home Affairs.
As long as the new entity takes over your sponsorship seamlessly, your work period continues to count toward 186 TRT eligibility. If you keep your job under similar conditions, you can apply for permanent residency. You must complete 2 out of the last 3 years with the same business.
It's recommended to confirm that the transfer of sponsorship has been formally completed with the Department of Home Affairs.
