Can I renew my subclass 482 visa?

A subclass 482 visa can be renewed as follows:

  • Short-term: renewable once within Australia for a further 2 years
    (subject to some exemptions);
  • Medium-term: can be renewed for up to 4 years and has no limits on the
    number of renewals.

Do I have to apply for a bridging visa? Can I work/travel while on a bridging visa?

By operation of law, an onshore application for a subclass 482 visa is an automatic application for a Bridging A visa.  The bridging A visa comes into effect once your current visa expires and is active until a decision is taken on your substantive visa application.

If your bridging visa has no conditions you may lawfully work.  If your bridging visa does not allow for work, you can (in limited circumstances) apply for a change of bridging visa condition provided that you can demonstrate financial hardship.

In order to travel, you must hold a Bridging B visa.

Can I add my partner and children to my subclass 482 visa?

A partner and/or dependent (your children) of a subclass 482 visa holder may be eligible to apply for a subsequent entrant visa which allows them to live, work and study in Australia.

Alternatively, you may include a partner and/or dependent in your application at the time of lodgement or prior to a decision being taken on that application.

Can my partner or children work/study while on the subclass 482 visa?

Yes, provided that they hold a secondary subclass 482 visa.

How much notice do I have to give to my current employer?

While employed as a subclass 482 visa holder, you are protected by the Fair Work Act 2009 including the National Employment Standards (NES).  You may need to give notice to your employer if required to do so under your employment contract or if you work under an award, enterprise agreement or other registered agreement.

Can I study while on a subclass 482 visa?

You are permitted to study while on a subclass 482 visa (provided you are still working in your nominated role on a full-time basis), however you will not be eligible for government assistance in the form of HECS Fee Debt Help.

Can I change my role or duties while on a subclass 482 visa?

If you or your employer want to change your role with new duties, then you may be required to apply for and await approval of a new position nomination and subclass 482 visa prior to the commencement of your new role.

Will I receive a refund if my application is not successful?

As a general proposition, you will not receive a refund if your application for a subclass 482 visa is unsuccessful.

Does the company have to pay for all the fees?

Your employer must pay all costs associated with becoming a sponsor, nominating and sponsoring you, including any associated legal costs.  These costs cannot be transferred to you or your family members.

Can the company pay the sponsored employee from the parent company (ie, in US dollars)? What are the implications of this?

Parent companies are legally entitled to pay a sponsored employee on a subclass 482 visa provided that they meet the definition of an associated entity under Section 50AAA of the Corporations Act 2001.

What happens after I lodge my visa, can I continue working for my employer even though my visa will expire soon?

If your current employer sponsored visa is about to expire and you wish to continue being employed by your current employer, your employer must lodge a new nomination and you must apply to renew your subclass 482 visa or apply for a subclass 186 or subclass 187 visa ( if eligible).

After you lodge an application for your new visa you can continue working or your employer until your current visa expires, after which a bridging visa (which is attached to your visa application) will come into effect.  You can continue working for your current employer under the conditions of that bridging visa and up until a decision on your new visa is made.

What happens if I cannot get my police clearance before my visa expires?

You can apply for renewal of your subclass 482 visa before the expiry of your current visa and your police certificate can be submitted post lodgement, however your visa cannot be finalised until you have provided your police clearance certificate(s).

Your visa application can be refused if the Department of Home Affairs requires your police certificate(s) to be submitted during the assessment process and you do not supply it within the required time frame.

If you cannot provide a police certificate, you can (in certain circumstances) have your employer provide a character declaration for you.

Can I change employers while on a subclass 482 visa and what is the process?

If you wish to change employers, your new employer must be willing to sponsor you.  Your new employer must be an approved TSS Business Sponsor and nominate you for the position.  They must also be able to show the business has a genuine need for someone in your position and evidence that they have tested the labour market and they cannot find anyone locally to fulfill the position.  You must then apply for a new subclass 482 visa.  You can only move to your new employer after the nomination and the subclass 482 visa have been approved.

You must apply for a new subclass 482 visa before your current expires if you wish to remain in Australia and remain employed in your nominated position.

You must abide by any employment agreement or award regarding notice for resignation from your current employment.

What happens if I am terminated from my role?

Condition 8607 of your subclass 482 visa requires you not to cease employment with your sponsoring employer for more than 60 days.

This means if you are terminated from your role and wish to continue working in Australia you will need to find a new employer to sponsor you and apply for a new visa within the 60 days.  Otherwise you and any members of your family attached to your visa will need to leave Australia before the 60 days lapse or you risk being removed from Australia.

What happens if my salary changes?

If your salary has increased you can continue working in your nominated role. If your salary has decreased below the salary nominated when you applied for your visa then your employer will need to gain approval from the Department of Home Affairs for the decrease or they will be in breach of their sponsorship obligations.

Can I renew my subclass 482 visa?

A subclass 482 visa can be renewed as follows:

  • Short-term: renewable once within Australia for a further 2 years
    (subject to some exemptions);
  • Medium-term: can be renewed for up to 4 years and has no limits on the
    number of renewals.

Do I have to apply for a bridging visa? Can I work/travel while on a bridging visa?

By operation of law, an onshore application for a subclass 482 visa is an automatic application for a Bridging A visa.  The bridging A visa comes into effect once your current visa expires and is active until a decision is taken on your substantive visa application.

If your bridging visa has no conditions you may lawfully work.  If your bridging visa does not allow for work, you can (in limited circumstances) apply for a change of bridging visa condition provided that you can demonstrate financial hardship.

In order to travel, you must hold a Bridging B visa.

Can I add my partner and children to my subclass 482 visa?

A partner and/or dependent (your children) of a subclass 482 visa holder may be eligible to apply for a subsequent entrant visa which allows them to live, work and study in Australia.

Alternatively, you may include a partner and/or dependent in your application at the time of lodgement or prior to a decision being taken on that application.

Can my partner or children work/study while on the subclass 482 visa?

Yes, provided that they hold a secondary subclass 482 visa.

How much notice do I have to give to my current employer?

While employed as a subclass 482 visa holder, you are protected by the Fair Work Act 2009 including the National Employment Standards (NES).  You may need to give notice to your employer if required to do so under your employment contract or if you work under an award, enterprise agreement or other registered agreement.

Can I study while on a subclass 482 visa?

You are permitted to study while on a subclass 482 visa (provided you are still working in your nominated role on a full-time basis), however you will not be eligible for government assistance in the form of HECS Fee Debt Help.

Can I change my role or duties while on a subclass 482 visa?

If you or your employer want to change your role with new duties, then you may be required to apply for and await approval of a new position nomination and subclass 482 visa prior to the commencement of your new role.

Will I receive a refund if my application is not successful?

As a general proposition, you will not receive a refund if your application for a subclass 482 visa is unsuccessful.

Does the company have to pay for all the fees?

Your employer must pay all costs associated with becoming a sponsor, nominating and sponsoring you, including any associated legal costs.  These costs cannot be transferred to you or your family members.

Can the company pay the sponsored employee from the parent company (ie, in US dollars)? What are the implications of this?

Parent companies are legally entitled to pay a sponsored employee on a subclass 482 visa provided that they meet the definition of an associated entity under Section 50AAA of the Corporations Act 2001.

What happens after I lodge my visa, can I continue working for my employer even though my visa will expire soon?

If your current employer sponsored visa is about to expire and you wish to continue being employed by your current employer, your employer must lodge a new nomination and you must apply to renew your subclass 482 visa or apply for a subclass 186 or subclass 187 visa ( if eligible).

After you lodge an application for your new visa you can continue working or your employer until your current visa expires, after which a bridging visa (which is attached to your visa application) will come into effect.  You can continue working for your current employer under the conditions of that bridging visa and up until a decision on your new visa is made.

What happens if I cannot get my police clearance before my visa expires?

You can apply for renewal of your subclass 482 visa before the expiry of your current visa and your police certificate can be submitted post lodgement, however your visa cannot be finalised until you have provided your police clearance certificate(s).

Your visa application can be refused if the Department of Home Affairs requires your police certificate(s) to be submitted during the assessment process and you do not supply it within the required time frame.

If you cannot provide a police certificate, you can (in certain circumstances) have your employer provide a character declaration for you.

Can I change employers while on a subclass 482 visa and what is the process?

If you wish to change employers, your new employer must be willing to sponsor you.  Your new employer must be an approved TSS Business Sponsor and nominate you for the position.  They must also be able to show the business has a genuine need for someone in your position and evidence that they have tested the labour market and they cannot find anyone locally to fulfill the position.  You must then apply for a new subclass 482 visa.  You can only move to your new employer after the nomination and the subclass 482 visa have been approved.

You must apply for a new subclass 482 visa before your current expires if you wish to remain in Australia and remain employed in your nominated position.

You must abide by any employment agreement or award regarding notice for resignation from your current employment.

What happens if I am terminated from my role?

Condition 8607 of your subclass 482 visa requires you not to cease employment with your sponsoring employer for more than 60 days.

This means if you are terminated from your role and wish to continue working in Australia you will need to find a new employer to sponsor you and apply for a new visa within the 60 days.  Otherwise you and any members of your family attached to your visa will need to leave Australia before the 60 days lapse or you risk being removed from Australia.

What happens if my salary changes?

If your salary has increased you can continue working in your nominated role. If your salary has decreased below the salary nominated when you applied for your visa then your employer will need to gain approval from the Department of Home Affairs for the decrease or they will be in breach of their sponsorship obligations.

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The processing times for a subclass 482 visa vary depending on which stream the occupation has been lodged (note processing times change from time to time):

  • Short-term: Up to 4 months;
  • Medium-term: 3 months – 5 months;
  • Sponsorship: Up to 4 months;
  • Nomination: Up to 4 months.
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A subclass 482 visa can lead to permanent residency provided you are sponsored in an occupation under the Medium-Long term Strategic Skills List (MLTSSL).

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There are no limits to the number of times you can lodge an application for a subclass 482 visa. That said, there are renewal limits for the subclass 482 visa.