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Difference Between 482 and 494 Visa: Unlocking Your Path to Residency
Are you considering making Australia your new home? If so, understanding the differences between the Subclass 482 Temporary Skill Shortage visa (482 visa) and the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa (494 visa) is crucial. Both visas offer exciting opportunities for individuals seeking to work in Australia, but they come with distinct features that cater to different preferences and aspirations.
In this comprehensive guide, we delve into the key contrasts between these two employer-sponsored visas, helping you make an informed decision that aligns with your goals. Whether you aim to explore the bustling cities or embrace the charm of regional Australia, join us as we unlock the pathways to your future Down Under.
Table of Contents
The primary difference between the 482 and 494 visas is their geographical restrictions.
The Temporary Skill Shortage (TSS) visa, commonly referred to as the 482 visa, enables individuals to work anywhere throughout Australia, without any restrictions on specific areas.
On the other hand, the 494 visa, known as the Skilled Employer Sponsored Regional visa, is intended for those who wish to live, work, and study in designated regional areas of Australia, excluding Sydney, Melbourne, and Brisbane.
Understanding the Subclass 482 Visa- Temporary Skills Shortage (TSS)
The 482 visa is aimed at established Australian businesses seeking to employ foreign workers. It is a temporary visa that allows the visa holder to live in Australia with eligible family members, work full-time for the approved sponsor in the designated occupation, and travel in and out of the country while the visa is valid.
Furthermore, the 482 visas can serve as a pathway to permanent residency through the Employer Nominated Scheme (subclass 186) visa (Temporary Residence Transition stream) for occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL).
To be eligible for the 482 visa, applicants must have a job offer, at least 2 years of experience in the position, genuine intentions to work in the nominated role, relevant qualifications, adequate health insurance arrangements, and must meet health, character, and English language requirements.
Exploring the Subclass 494 Visa-Skilled Employer Sponsored Regional (Provisional)
The 494 visa is designed to address labor market shortages specifically in regional areas of Australia. Employers in these regions can sponsor skilled overseas workers to work and live in designated regional areas for up to 5 years. The 494 visa is a provisional visa, granting the visa holder the opportunity to live, work, and study in the designated regional area with eligible family members.
After 3 years of full-time employment in the regional area, the 494 visa holder may be eligible to apply for permanent residency through the Regional Skilled (subclass 191) visa, subject to meeting the other eligibility criteria of the 191 visa.
Eligibility requirements for the 494 visa include being under 45 years of age, having at least 3 years of work experience, a valid skills assessment, demonstrating competent English language proficiency, and meeting health and character requirements.
Occupation Eligibility Differences Between 482 and 494 Visa:
Occupation eligibility is a key factor when applying for the 482 and 494 visas in Australia.
For the 482 visa, an applicant’s occupation must be listed on one of three lists: the Short-term Skilled Occupations List (STSOL), the Medium to Long-Term Strategic Skills List (MLTSSL), or the 482 Regional Occupations List (ROL).
It’s important to note that occupations on the STSOL do not offer a pathway to permanent residency, making the MLTSSL and ROL more favorable for long-term aspirations.
On the other hand, the 494 visa grants eligibility to applicants whose occupations are listed on the Medium to Long Term Strategic Skills List (MLTSSL) or the 494 Regional Occupations List (ROL).
Notably, the 494 ROL covers a broader range of occupations, including some that are also present on the 482 STSOL.
Considering the occupation eligibility is essential in determining which visa may better align with an applicant’s long-term goals and aspirations for their stay in Australia.
CHECK THIS: Skilled Occupation List (SOL)
Opportunity for Permanent Residency for 482 and 494 Visas
The 482 and 494 visas both offer potential pathways to permanent residency, but the requirements and processes differ between them.
For the 482 visa, applicants have two options to seek permanent residency through the Subclass 186 visa. The first path involves completing a full-time employment period of 3 years with their sponsoring employer. The second option entails obtaining a positive skills assessment and providing evidence of 3 years’ work experience. In both cases, the support of the employer is crucial for the permanent residency transition.
On the other hand, the 494 visa provides a straightforward route to permanent residency. After holding the 494 visa for a continuous period of 3 years in full-time employment, the visa holder can apply for permanent residency through the Subclass 191 without requiring further employer support.
It’s essential to be aware that 494 visa holders face certain restrictions when applying for other permanent visas, such as Subclass 820, 124, 132, 186, 188, 189, 190, and 858 visas, unless they have held the 494 visa for a minimum of 3 years. However, 482 visa holders do not encounter such limitations and can explore other permanent visa options without time constraints.
Comprehending the different pathways to permanent residency is vital for individuals considering these visas, as it significantly impacts their long-term plans and opportunities within Australia.
Distinguishing Factors Between 482 and 494 Visas:
| Facts | 482 Visa | 494 Visa |
|---|---|---|
| Visa length | For occupations listed on the Medium to Long Term Strategic Skills List (MLTSSL), the visa is granted for a period of 4 years. However, for occupations on the Short-term Skilled Occupation List (STSOL), the visa duration is limited to 2 years. | 494 Visa is granted for a duration of up to 5 years. |
| Nomination | MLTSSL | MLTSSL or ROL |
| Labour Market Testing | Yes, subject to specific exemptions. | Yes, there are no exemptions applicable. |
| Regional Certifying Body advice | No | Yes |
| Skill | Qualification (Cert III / Dip / Bachelor)* | Qualification + Skills Assessment** |
| Experience | Minimum 2 years' full time post qualification | 3 years' full time post qualification |
| Age | No age limit | Applicant must be under 45 years old. (During of application) |
| Language (English) | IELTS Minimum 5.0 in each band | Competent English i.e. IELTS Minimum 6.0 in each band |
Visa Process for 482 and 494 Visas:
Both the 482 and 494 visa processes consist of three stages: Sponsorship, Nomination, and Visa Application. The sponsoring company must be approved as a Standard Business Sponsor (SBS) to access either visa program. The company must nominate the applicant for an eligible occupation listed on the relevant skilled occupation list, and the nominated applicant must apply for the visa, meeting all the relevant visa criteria for approval.
Visa Conditions
The 482 visa is subject to two main conditions:
- Condition 8607: The visa holder must work solely in their nominated occupation for the approved sponsor and must not cease employment for more than 60 days.
- Condition 8501: Health insurance must be maintained while staying in Australia.
On the other hand, the 494 visa carries the following conditions:
- Condition 8608: The visa holder must work exclusively in the nominated occupation for the approved sponsor and must not cease employment for more than 90 days.
- Condition 8578: The visa holder is required to notify the Department of Home Affairs (DHA) of any changes in residential address, email address, phone number, passport details, address of the employer, and address of the location where they are employed within 14 days of the change occurring.
- Condition 8579: The visa holder must live, work, and study only in a designated regional area.
- Condition 8580: Upon written request by the Minister, the visa holder must provide evidence of their residential address, each employer’s address, employment location address, and educational institution address within 28 days.
- Condition 8581: The visa holder must attend an interview if requested by the Minister.
These conditions play a significant role in ensuring compliance with the respective visa requirements and obligations, and it is essential for visa holders to fully understand and abide by them throughout their stay in Australia.
Advantages and Disadvantages of the TSS 482 and Regional 494 Visas:
One notable advantage of the 494 visa is that it does not require employer sponsorship for a subclass 191 (permanent) application. In contrast, 482 visa holders (medium-term stream) must be sponsored for permanent residency under the Employer Nominated Scheme (subclass 186) visa.
Another key distinction lies in work location flexibility. 482 visa holders are not restricted to working in a particular area, while 494 visa holders are required to work in a regional area, excluding Brisbane, Melbourne, and Sydney.
Furthermore, the 494 visa offers a broader range of occupations on its occupation list, with over 630 occupations, all of which provide a pathway to permanent residency. On the other hand, only certain occupations on the medium-term list of the 482 visa offer a pathway to permanent residency under the Employer Nominated Scheme (subclass 186).
Expenses for Employers in Sponsorship
When sponsoring employees under the 482 visa, employers are required to pay a nomination fee of $330. However, there is no nomination fee for the 494 visa.
In addition to the nomination fee, employers are also subject to the Skilling Australians Fund (SAF) levy. The SAF levy amount depends on the turnover of the sponsoring business in the most recent completed financial year and the proposed period of employment.
For the 482 visa, employers with a turnover greater than $10 million are required to pay $1,200 per year as the SAF levy, while those with a turnover less than $10 million must pay $1,800 per year.
On the other hand, for the 494 visa, employers are obligated to pay a one-time SAF levy. The amount for employers with a turnover greater than $10 million is $3,000, and for those with a turnover less than $10 million, the SAF levy is $5,000.
It is important for employers to consider these costs when sponsoring employees under the 482 or 494 visa programs.
In Summary:
The Temporary Skills Shortage (TSS) (subclass 482) visa and the Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa are essential tools in addressing Australia’s labor market needs. Each visa offers unique advantages and caters to specific circumstances. While the 482 visa targets temporary skill shortages across the country, the 494 visa focuses on addressing labor shortages in designated regional areas, providing a clear pathway to permanent residency for eligible applicants. As immigration regulations can change without notice, it is important to seek professional advice when considering any visa application. The information presented here is intended as a general guide and not as legal advice.
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