News & Insights

Roam makes keeping up with Australian immigration and visa news simple.

A Brief Summary of the Differences Between the Subclass 482 Visa and Subclass 494 Visa

Differences Between the Subclass 482 Visa and Subclass 494 visa

The Subclass 482 Temporary Skill Shortage visa (‘482 visa’) and the subclass 494 Skilled Employer Sponsored Regional (Provisional) visa (‘494 visa’) are both employer sponsored visas. The 494 visa is intended for visa applicants who wish to live, work and study in a designated regional area in Australia (excluding Sydney, Melbourne and Brisbane) whereas the 482 visa is not restricted to a particular location within Australia.

Occupation eligibility

An applicant is eligible for the 482 visa if their occupation falls on the Short-term Skilled Occupations List (STSOL), Medium to Long Term Strategic Skills List (MLTSSL) or 482 Regional Occupations List (ROL).

Occupation that are on the 482 STSOL do not offer a pathway to permanent residency.

An applicant may be eligible for the 494 visa if their occupation falls on the Medium to Long Term Strategic Skills List (MLTSSL) or the 494 ROL. The 494 ROL encompasses a broader range of occupations and also includes occupations that are on the 482 STSOL.

Pathway to permanent residency

For the 482 visa, there are pathways to permanent residency through the Subclass 186 visa after either (a) completing 3 years’ full time employment with the sponsor or (b) obtaining a positive skills assessment and providing evidence of 3 years’ work experience. Both ways require the employer’s support.

For the 494 visa, after 3 years’ full time employment the visa holder can apply for access to permanent residency through the Subclass 191 without employer support.

There are restrictions for 494 visa holders in applying for other permanent visas (such as the Subclass 820, 124, 132, 186, 188, 189, 190 and 858 visas) unless they have held the 494 visa for at least 3 years. However there are no restrictions for 482 visa holders to access other permanent visas.

Differences in visa length

The 482 visa can be granted for a period of up to 4 years while the 494 visa is a provisional visa that is granted for up to 5 years.

Costs involved for employers

The 482 nomination attracts a fee of $330 while there is no nomination fee for the 494 visa.

The Skilling Australian Fund (SAF) levy payable by an employer varies depending on the turnover of the business in the most recently completed financial year and the proposed period of employment.

Visa

Sponsor turnover >$10M

Sponsor turnover <$10M

482

$1200 per year

$1800 per year

494

$3000 one off

$5000 one off

The process

Both visas operate in a similar way and both use the same ‘Standard Business Sponsorship’ to access the visa program. The two visas have distinct but similar Nomination and Visa requirements.

Stage

Sc 482 Process

Sc 494

1.

Standard Business Sponsorship – relates to the sponsoring business

2.

482 Nomination – relates to the position to be filled

494 Nomination – relates to the position to be filled

3.

Subclass 482 Temporary Skill Shortage (TSS) visa –relates to the person to be employed.

Subclass 482 Temporary Skill Shortage (TSS) visa –relates to the person to be employed.

Differences in process

As the 494 visa provides a more streamlined pathway to permanent residency, the requirements to obtain the visa are higher.

Requirement

482

494

Nomination

MLTSSL

 

Occupation on relevant list

Yes

Yes

Labour Market Testing

Yes with certain exemptions

Yes (no applicable exemptions)

Market Salary Rates

Yes (must be at least the Temporary Skilled Migration Income Threshold of $53,900)

Yes (must be at least the Temporary Skilled Migration Income Threshold of $53,900)

Genuine Position

Yes

Yes

Regional Certifying Body advice

No

Yes

482 Visa

 

 

Skill

Qualification (Cert III / Dip / Bachelor)*

Qualification + Skills Assessment**

Experience

Min 2 years’ full time post qualification

3 years’ full time post qualification

Age

No age limit

Applicant must be under 45 years old at time of application

Health

Yes

Yes

Character

Yes

Yes

English

IELTS Minimum 5.0 in each band

Competent English i.e. IELTS Minimum 6.0 in each band

* A limited number of occupations require a Skills Assessment.
**Exemptions are available for academic applicants, subclass 444/461 visa holders or those who have had a previous skills assessment for a 457 or 482 visa for the same occupation.`

Visa conditions

The 482 visa has less stringent conditions than the 494 visa which has additional conditions which the primary visa holder must abide with.

482 visa

494 visa

·       Condition 8607:  must only work in the visa holder’s nominated occupation and for the approved sponsor only. Must not cease employment for more than 60 days

·       Condition 8501: maintain health insurance while in Australia.

·       Condition 8608: must work only in the visa holder’s nominated occupation and for the approved sponsor only. Must not cease employment for more than 90 days

 

·       Condition 8578: Visa holder must notify DHA of any changes in residential address, email address, phone number, passport details, address of employer, address of location where person is employed within 14 days after the change occurs.

 

·       Condition 8579: must live, work and study in a designated regional area

 

·       Condition 8580: must provide evidence of visa holder’s residential address, address of each employer, address of location where person is employed, address of education institution attended within 28 days if requested by Minister in writing

 

·       Condition 8581: must attend an interview if requested by the Minister

 

The pros and cons of each visa

The 482 visa offers an easier pathway to permanent residency. However, depending on your personal circumstances, the 494 might be the more appropriate choice.

Visa Type

Pro

Con

Sc 482

– Greater control over visa holders access to PR

– Ability to tailor the visa length based on anticipated pathway to Permanent Residency

– Lower threshold for entry (2 years’ experience)

– More expensive when considering PR stage

– Higher employer cost than 494 if selecting a longer duration

Sc 494

– Lower employer costs

– Lower employer cost when considering PR stage

– Automatic 5 year nomination period

– Broader range of occupations

– Higher threshold for entry (Positive Skills Assessment + 3 years’ experience)

– Higher English Threshold (IELTS 6.0 in each band)

– Higher visa cost

– Visa conditions are more stringent

The above information is not intended to be legal advice but merely offers a brief summary of the differences between the 482 and 494 visas. If you would like to speak with an Immigration Lawyer about your eligibility for the 482 or 494 visa, please contact Roam Migration Law to book a consultation.

Share this article

Facebook
Twitter
LinkedIn

Recent articles

Subscribe to Roam Migration Law

Get the latest Australian visa and immigration news for employers and individuals, straight to your inbox.

© Copyright 2022 Roam Migration Law | Terms of Use  |  Privacy Policy

Subscribe to Roam Migration Law

You can unsubscribe at any time. We value your privacy. Read our .

Hammond Taylor is now Roam Migration Law

Just in case you hadn't noticed ; )