With the 482 Labour Agreement Stream, Australian employers like you can customise and negotiate skilled migration requirements via a labour agreement.
This allows you to quickly hire overseas workers for roles that you couldn’t fill with local talent due to skill shortages.
Read on to learn more about the ins and outs of the 482 Labour Agreement Stream, including the whole process, requirements and application steps.
What Employers in a 482 Labour Agreement Can Do
Labour agreements are made specifically to address unique cases and situations, which means they function outside the standard skilled visa programmes.
That said, compared to the Short- and Medium-Term streams of the 482 Temporary Skill Shortage (TSS) Visa, the Labour Agreement stream offers greater flexibility in hiring international talent.
You can:
- Hire multiple overseas skilled workers at once
- Access a wider selection of skilled migrants due to visa concessions (e.g. lower English skills requirement)
- Enjoy reduced wait times for employee migration (as some roles may be eligible for streamlined visa processing)
- Plan your workforce more effectively by securing employees for a period of up to 4 years
- Sponsor overseas workers for roles not on the Skilled Occupation List
- Retain high-performing employees via permanent residency sponsorship
How the 482 Labour Agreement Stream Visa Works
When sponsoring workers under the TSS visa Labour Agreement Stream, you can expect to get involved in various complexities and discussions with multiple stakeholders.
For simplicity, we can break down the process into three major stages:
1. Employer Enters Into a Labour Agreement With the Government.
We’ve mentioned ‘labour agreement’ several times already, but what does it really mean?
A labour agreement is a formal arrangement between the Australian Government and an employer (or group of employers).
Here, all parties collaborate to come up with a ‘custom-made skilled visa pathway’ that meets the employer’s specific labour needs, and at the same time, protects the rights of both Australian and overseas workers.
Be prepared to tackle concerns such as:
- Is there really a shortage of skilled Australian workers for the occupation?
- Do you have proof of your efforts to recruit locally without success?
- How many places should be allocated for overseas workers for the specific role?
- What specific skills and qualifications are required for overseas workers, and how will you ensure they meet these criteria?
- What visa conditions and limitations will apply to you as the employer and to your employees?
- Do you have the integrity and financial capability to offer ‘fair’ compensation to overseas workers?
- What support and training will you provide to help overseas workers adjust to their new roles and environment?
These are just a few examples.
The process can take up to 6 months to complete and can become very technical. So, you might want to get professional advice from a migration agent.
2. Employer Nominates an Overseas Worker for the Position.
Once you have secured a labour agreement with the government, you will be granted sponsorship authority that’s generally valid for up to 5 years.
You now have the go-ahead to nominate an overseas worker for the role specified in your labour agreement.
To lodge a nomination, you must log in to your ImmiAccount (or create an ImmiAccount if you have not yet).
The online system will guide you on specific information you must provide, as well as the documents to attach, such as::
- job offer & employment contract
- employment terms and conditions
- labour market testing
- evidence of the market salary rate
- supporting documents to demonstrate genuine need for the position
As an employer, it’s your responsibility to ensure that the employee meets both the criteria set out in the agreement and the requirements of the 482 visa.
Doing so will help you avoid any financial or legal issues down the line.
3. The Nominated Worker Lodges Their 482 Visa Application.
Only after you’ve sorted everything on your end can the employee move forward with their part of the process.
Once your nomination is approved, the nominee must submit an application for the 482 visa Labour Agreement Stream through their own ImmiAccount.
Their application must be done within 12 months of your nomination’s approval.
During this stage, stay in close contact with your potential employee to support them through their application, providing any necessary documents and addressing any concerns.
Assuming everything proceeds well, 482 visas in the Labour Agreement stream will be approved within just a few weeks. However, it can take up to 3 months for more complex cases.
Application Requirements for Employers
General Eligibility Requirements
Employers must first meet certain criteria to show they’re fit to engage in a labour agreement and sponsor overseas workers. These are as follows:
- You must have been actively and lawfully operating in Australia for at least the last 12 months.
Acceptable evidences include business registrations, licenses to conduct business, tax returns, etc.
- You must not have any adverse information that would make you unsuitable to be an approved sponsor.
Adverse information includes issues like breaking immigration or tax laws, facing disciplinary actions, going through financial troubles and providing false information to the Department, among many others.
- You must prove that there’s a genuine skills or labour shortage in the Australian workforce for the position you wish to fill.
Show that you have done Labour Market Testing (LMT).
- You must have advertised the position locally within the last 4 months for at least 4 weeks.
Show evidence like job advertisements, local recruitment records and correspondences with Australian candidates.
- You must have the financial capacity to support all overseas workers you plan to sponsor.
You must take into account the market salary rate for the occupation, which means understanding the typical wage for the role. Use reliable sources, such as industry reports and government surveys, to get this information.
- You must comply with other requirements and conditions specific to the type of labour agreement you’re working with.
Current labour agreements in place include:
- Industry Labour Agreements
- Company-Specific Labour Agreements
- Designated Area Migration Agreements (DAMA)
- Project Agreements (PA)
- Global Talent Employer Sponsored (GTES) Agreements
Read our previous blog to find out which of these types of labour agreements best suits your current needs.
Processing Fees
Below is a breakdown of the visa costs you can expect when sponsoring employees under the labour agreement stream of the TSS visa:
| Item | Fee | Remarks |
| Labour agreement application | AU$ 0 | – |
| Nomination fee | AU$ 330 | – |
| Skilling Australian Funds (SAF) Levy | AU$ 1200 per year of sponsorship OR AU$ 1800 per year of sponsorship | AU$ 1200 for small businesses (annual turnover of less than AU$ 10 million) AU$ 1800 for other businesses (annual turnover of AU$ 10 million or more) |
| Employee’s visa application fee | AU$ 3115 | It’s not mandatory for employers to pay the applicant’s visa fee |
For example, if you’re a small business with an annual turnover of less than AU$ 10 million and you’ve offered to pay the visa application cost for one employee sponsored for 4 years, you can expect the following expenses:
- Nomination Fee: AU$ 330
- SAF levy: $AU 4800 (AU$ 1200 x 4 years)
- Employee’s visa application fee of AU$ 3115
Total: AU$ 8245
Note:
The fees above do not cover recruitment expenses, such as those incurred for advertising the position, conducting interviews, record-keeping and other logistical fees. Additional costs will also apply if you’re sponsoring the employee’s family members.
Processing Time for the 482 Visa Labour Agreement Stream
The time it takes to approve a 482 visa application can take anywhere from 1 to 3 months.
For a more realistic view, consider that the timeframe for getting a labour agreement can take up to 6 months. Nomination approval can take anywhere from a day to 1 month.
So, in the worst case, the total processing time could reach 10 months.
However, visa applications under the labour agreement stream are generally processed fairly quickly, particularly since priority processing may apply for some work roles.
Visa Applicant Requirements for the 482 Labour Agreement
As mentioned earlier, employers are responsible for checking their employee’s eligibility for the TSS visa. Generally, visa applicants must:
- Have at least 2 years of work experience in the nominated occupation
- Achieve vocational English language score
- Have adequate health insurance to cover their entire stay in Australia
- Meet Australia’s health and character requirements
- Hold qualifications relevant to the nominated occupation
- Meet any mandatory licensing, registration or professional membership requirements
Note: These are general requirements and may vary based on the terms outlined in the labour agreement.
FAQs
What is the latest news surrounding the 482 TSS visa?
As part of Australia’s broader migration strategy, the 482 Temporary Skills Shortage Visa will be replaced by the Skills in Demand (SID) Visa by the end of 2024.
It will implement a 3-tiered system based on occupations and annual earnings, namely: Specialist Skills Pathway, Core Skills Pathway and Essential Skills Pathway.
Can I submit a nomination at the same time my nominated worker applies for the visa?
Yes, the employer’s nomination application and the employee’s visa application can be lodged simultaneously.
Just make sure to verify that your employee meets all eligibility requirements specified in the labour agreement.
Is there a database where I can view the current labour agreements?
Yes, there is. You can access the list of current labour agreements on the Department of Home Affair’s website.
Can I sponsor my employee for a PR?
Yes, you can sponsor your employee’s permanent residency visa application later on provided that the labour agreement offers a PR pathway.
Generally, the employee must work under their TSS visa for 2 years and adhere to all visa conditions during that time to be eligible for PR visas like the 186 visa and 187 visa.
Can my employee quit their job on a 482 visa?
Yes, they can. However, once this happens, your work sponsorship immediately ends.
If the employee is changing employers, they can transfer their 482 visa to the new employer, who must first submit a nomination before the employee can start working for them.
If they have yet to find a new employer, they must successfully do so within 180 days, as specified in Condition 8607. Otherwise, they must explore other visa options or make arrangements to leave Australia.
Can my employee work a second job?
No, they cannot work a second job. Labour agreements usually come with a work restriction known as Condition 8107, which prohibits the visa holder from working in a different position, occupation or for another employer.
However, with prior approval from the Department of Home Affairs, and provided it does not interfere with their primary job responsibilities, they may be permitted to take on additional work, like part-time jobs or ‘side hustles’.
Can I promote employees on a 482 visa?
You can promote 482 visa holders to more senior positions within the same occupation, as long as the significant majority of their duties still fall under the nominated occupation specified in the labour agreement.
Otherwise, if the promotion involves a different occupation not covered by the existing labour agreement, you will need to start the process anew – apply for a new labour agreement and submit a new nomination.
This means the employee will have to apply for a new 482 visa as well.
Do I need to pay for my employee’s 482 visa application?
You are not required to pay for your employee’s 482 visa application, but you may choose to do so. Many employers offer to cover these costs to attract more applicants for urgent positions.
Can an employee renew a 482 visa?
Yes, employees can renew their 482 visa under the Labour Agreement Stream.
Before their visa expires (usually after 4 years), you’ll need to submit a new nomination and the employee must apply for a new visa.
This is assuming that the original labour agreement is still valid and the employee continues to meet the requirements outlined in it.
We’ll handle your 482 visa application for you!
At KBA Global, our migration agents bring over 10+ years of experience to handle any visa-related hassles and help you achieve visa success. We will:
- Assess your eligibility for a labour agreement and ensure you meet criteria
- Prepare and submit the required documents for both nomination and visa applications
- Provide ongoing support to maintain compliance with your sponsorship
- Act as intermediaries between you and the Department of Home Affairs
- Assist sponsored employees with their visa applications
Book a free call today to get started!
Disclaimer: The above information is a general guide and not professional immigration advice. Be aware that immigration laws and regulations can change swiftly, potentially rendering some or all of the information outdated. Thus, before using the information above, we recommend checking the current laws through assistance from a migration agent or the Department of Home Affairs website.