SUBCLASS 482 OR SUBCLASS 494 – WHICH VISA SHOULD YOU CHOOSE?

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To help visa applicants in deciding whether the existing subclass 482 visa or the new subclass 494 visa is more suitable for them, we provide below the critical differences between the two:

SKILLED EMPLOYER SPONSORED REGIONAL (PROVISIONAL) (SUBCLASS 494) VISA TEMPORARY SKILL SHORTAGE (SUBCLASS 482) VISA
Applications/Stages
  1. Sponsorship
  2. Nomination
  3. Regional Certifying Body (RCB)
  4. Visa
  1. Sponsorship
  2. Nomination
  3. Visa
Work Place This visa allows the Applicant to live, work and study only in a designated regional area, being all areas except Sydney, Melbourne and Brisbane. This visa allows the Applicant to live, work and study anywhere in Australia.
Streams
  1. Employer Sponsored; or
  2. Labour Agreement
  1. Short-term
  2. Medium-term; or
  3. Labour agreement
Sponsor Overseas Business is excluded from this program Sponsoring Business can be located onshore or offshore
Skilling Australians Fund (SAF) levy One-off payment by the Sponsor for each Nomination:

  • Small business: $3,000.00
  • Large business: $5,000.00
Payment by the Sponsor for each Nomination, per annum:

  • Small business: $1,200.00
  • Large business: $1,800.00
Temporary Skilled Migration Income Threshold (TSMIT) The base remuneration must be made up of at least current TSMIT

Can include non-monetary benefits

The base remuneration must be made up of at least current TSMIT

Cannot include non-monetary benefits

Occupations Over 650 occupations available currently Fewer occupations available
Labour Market Testing (LMT) LMT is mandatory with no exceptions LMT is not a Nomination requirement if it is inconsistent with Australia’s International Trade Obligations
Genuine Temporary Entrant (GTE) Not relevant The visa Applicant of a Short-Term stream must be able to provide evidence of GTE
Experience At least 3 years of experience is required At least 2 years of experience is required
English language proficiency The Applicant must have at least Competent English Competent English is not mandatory
Age limit Must be below 45 years There is no age limit
Health waiver (Public Interest Criteria 4007) Available Not available
Medicare benefits Available Not available
Not Cease Employment The visa applicant must not have his/her employment ceased for over 90 days The visa applicant must not have his/her employment ceased for over 60 days
Length of stay 5 years 2 – 4 years depending on the stream
Permanent Residency (PR) All streams lead to permanent residency, where eligible Only the Medium-term stream

Labour agreement stream visa applicants can apply for permanent residency, where eligible

Nomination at PR Nomination application is not required for PR, visa subclass 191 Nomination application is required for PR, visa subclass 186
Primary Applicant at PR stage The secondary applicant of the subclass 494 can become the primary applicant at PR stage, if eligible The primary applicant cannot change at PR stage

Naga Putchala is a Senior Paralegal at Stephens & Tozer, and admitted as a Lawyer in India. Having previously worked in an immigration advice centre, Naga is equipped with substantial knowledge in Australian Migration Law, be it a visa, citizenship or a Tribunal matter.  Co-author, Michelle Xiao, is a Law Graduate gaining significant experience in various areas of law at Stephens &Tozer. If you have any queries with regards to Australian Migration, please feel free to contact our migration team.

16 December 2019

Category: All / Migration