482 TSS visa and Subclass 494 Employer Sponsored Regional visa comparison and permanent visa pathways

Subclass 482 TSS visa and Subclass 494 Employer Sponsored Regional visa comparison

The temporary 482 visa lets an employer sponsor a suitably skilled worker to fill a position they can’t find a suitably skilled Australian to fill. We have compared the 482 with another common Employer Sponsored visa, the 494 visa. The 494 visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker. Here is a summary of both visas:

SUBCLASS 482 TEMPORARY SKILLS SHORTAGE VISA
SUBCLASS 494 SKILLED EMPLOYER SPONSORED REGIONAL VISA
Sponsor
SBS for Australia or overseas business

Labour Agreement for Australian business

SBS for Australian business only

Labour Agreement for Australian business

Position Location
Anywhere in Australia Regional Australia anywhere outside Sydney, Melbourne, or Brisbane

metropolitan areas.

Position Type
Full time Full time, and likely to exist for at least 5 years
Occupation Lists
MLTSSL, STSOL, 482 ROL 494 occupation list
Labour Market Testing
LMT Required, limited exemptions apply LMT Required, no exemptions apply
Salary
Must be market rate, and at least TSMIT $53,900 per annum Must be market rate as certified by a RCB, and at least TSMIT $53,900

per annum

Nomination Fee
DHA 482 Nomination Fee $330 DHA 494 Nomination Fee $nil
Skilling Australians Fund
SAF Levy Fee < $10million turnover AUD$1,200 (per year) SAF Levy Fee > $10million turnover AUD$1,800 (per year)

Partial refund available in certain circumstances

SAF Levy Fee < $10million turnover AUD$3000 (one off) SAF Levy Fee > $10million turnover AUD$5000 (one off)

Partial refund available in certain circumstances

Age
No age limit for primary applicant Primary applicant must be under 45 years of age
English Level
Vocational English (IELTS 5, PTE 36) Competent English (IELTS 6, PTE 50), dependent applicants must have

Functional English or pay a second VAC

Skill Assessment
Only required for specific occupations Required, with exemptions for Senior Academics and 444/461 NZ visa

holders

Work Experience
Two years of full time work experience required Three years of full time work experience required
Genuine Temporary
Entrant
Genuine Temporary Entrant statement required for STSOL

occupations

No GTE applies
Health and Character
Must meet health and character criteria (health waivers available) Must meet health and character criteria (health waivers available)
Validity Period
2 or 4 years from the date of grant, based on the occupation list

used (STSOL/MLTSSL)

5 years from the date of grant
Government fees (Single applicant)
DHA 482 Visa Application Fee STSOL (primary applicant) $1265 DHA 482 Visa Application Fee MLTSSL (primary applicant) $2645 DHA 494 Visa Application Fee (primary applicant) $4040
Visa Conditions
·         Only work for sponsoring employer, in nominated occupation

·         If employment ceases, have 60 days to find a new employer or depart Australia

·         Only work for sponsoring employer, in nominated occupation

·         If employment ceases, have 90 days to find a new employer or depart Australia

·         Notify DHA within 14 days of any change of residential address, email, phone number, passport details and address of employment for all family members

·         All family members must live, work and study in the designated regional area as defined in the nomination approval

·         If required in writing by the Minister, provide information such as residential address, address of employer, location of position and address of educational institution within 28 days.

·         If requested in writing, a 494 holder must attend an interview

·         Restricted from applying for certain visas within 3 years of grant of the 494

Both the TSS 482 visa (Medium term stream and regional stream) and the 494 visa have a path to permanent residency through the 186 visa and 191 visa respectively.
Permanent Residency
SUBCLASS 186 EMPLOYER NOMINATION SCHEME – TRT PATHWAY
SUBCLASS 191 PERMANENT RESIDENCE (SKILLED REGIONAL)
Sponsor Requires employer sponsorship Does not require employer sponsorship
Position Location Anywhere in Australia Regional Australia anywhere outside Sydney, Melbourne, or Brisbane

metropolitan areas.

Position Type Full time, and available for at least 2 years from grant N/A
Occupation Lists MLTSSL* N/A
Nomination Fee DHA 186 Nomination Fee $540 (non-regional)

DHA 186 Nomination Fee $nil (regional)

N/A
Skilling Australians

Fund

SAF Levy Fee < $10million turnover AUD$3000 (one off) SAF Levy Fee > $10million turnover AUD$5000 (one off) N/A
Age Primary applicant must be under 45 years of age* No age limit for primary applicant
English Level Competent English (IELTS 6, PTE 50) dependent applicants must

have Functional English or pay a second VAC

N/A
Work Experience Applicant must have held a 482 visa for a minimum period of 3*

years, and worked for sponsoring employer for at least 3* years in the nominated occupation

Applicant must have held a 494 visa for a minimum period of 3 years,

and worked in regional Australia for at least 3 years, with a minimum annual income of $53,900 pa (ATO documents required)

Compliance N/A Must have substantially complied with the conditions of the 494 visa

(conditions above)

Government fees DHA 186 Visa Application Fee (primary applicant) $4040 DHA 191 Visa Application Fee (primary applicant) $390
Potential Benefits –          Lower English language level

–          No skill assessment in most cases

–          Less work experience required

–          Faster preparation time

–          More cost effective for shorter visa validity periods

–          No RCB involvement

–          Pathways to other visas – no restrictions on applying from the TSS

–          Family members can live, work, and study anywhere

–          Lower SAF costs for the business

–          Longer validity – secure employees for longer / more time for applicants to meet PR requirements

–          Skills have been formally assessed as meeting Australian standards

–          Better pathway to permanent residency with no employer involvement needed

–          Applicants entitled to Medicare

–          Longer occupation list

–          No restrictions on Bridging Visa following lodgement

–          Can swap main applicant at PR stage

 

*Unless grandfathering provisions apply

This document contains general information on the TSS, 494, 186, and 191 visas, which are correct as of the date of writing this article. Changes to the program can occur without notice. It is not intended to be comprehensive, and does not cover all circumstances. You should seek advice that takes into account your individual circumstances and to understand the legal requirements of any application.

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