What are the 482 visa work restrictions? In this article, we will explore some work restrictions under the Temporary Skill Shortage Visa (subclass 482) or TSS visa. This temporary visa allows an employer to sponsor a skilled worker to address labour shortages when they cannot find a suitably skilled Australian worker.
Currently, there are four streams under this visa: short-term, medium-term, labour agreement, and subsequent entrant streams. 482 visa work restrictions depend on the type of stream under this visa.
482 Visa Work Restrictions: Short-term Stream
As the name suggests, the short-term 482 visa allows you to work, study, and travel to and from Australia within the visa’s validity. With this stream, the primary visa applicant can include their family members in their application.
Importantly, the 482 visa work restrictions under the short-term stream are the following:
- You can work in Australia for only 2 years. But if:
- There’s an International Trade Obligation (ITO) – 4 years
- You are a Hong Kong passport holder – 5 years.
- Your occupation must be listed on the Short Term Skilled Occupation List (STSOL).
- You must work in Australia only in the occupation that you were nominated for.
- You must only work for your nominating business or in an associated entity of the business.
- You must maintain adequate health insurance. You can click here to know more about the health insurance required.
482 Visa Work Restrictions: Medium-term Stream
The medium-term 482 visa offers a longer duration of stay than the short-term stream. Moreover, you can also work, study, and travel to and from Australia within the visa’s validity. Here are the 482 work restrictions under the medium-term stream:
- You can work in Australia for up to 4 years.
- If you’re a Hong Kong passport holder, you can work for up to 5 years which can be extended for another 5 years.
- You must be sponsored to work in an occupation under the Medium and Long-term Strategic Skills List (MLTSSL).
- You must work in Australia only in the occupation that you were nominated for.
- You must have adequate health insurance.
482 Visa Work Restrictions: Labour Agreement Stream
The labour agreement stream visa is for qualified and skilled workers nominated by employers who possess a Labour Agreement. This is an agreement borne out of negotiations between Australian employers and the Australian Government under specific circumstances.
This allows workers from overseas to work in Australia for a specified duration and type of occupation. Moreover, employers request to have a labour agreement when there’s a genuine need for overseas workers to fill specific positions in their industry.
Under the labour agreement stream, these are the 482 visa work restrictions:
- You can only work in Australia for up to 4 years, depending on the labour agreement.
- If you are a Hong Kong passport holder, you can work for up to 5 years.
- You must work in Australia only in the occupation that you were nominated for.
- You must work only for the nominator who has a labour agreement with the Commonwealth.
- You must have adequate health insurance.
READ MORE: Types of Labour Agreements
The Subsequent Entrant Stream
The subsequent entrant stream of the 482 visa is actually for family members of TSS visa holders. Moreover, these family members are also applying for a TSS visa and intend to join the primary 457 or 482 visa holders in Australia.
In your visa application, attach a written letter from your approved sponsor who is extending their sponsorship obligation to include you as a family member in their nomination. Furthermore, this letter will notify the primary applicant’s employer as to all the family members to whom their obligations will extend.
Other General 482 Visa Work Restrictions
Aside from the list above, here are other 482 visa work restrictions that you must watch out for:
- You must not engage in activities that are disruptive, violent, or harmful to the Australian community.
- You cannot work in a different occupation unless you apply for and are granted a new TSS visa.
- You cannot work for other business, unless:
- The Minister specifies the occupation in an instrument (Specification of Exempt Occupations).
- Your employment is ending and you are currently serving out a notice period.
- You must hold a valid licence, registration, or membership to the job granted to you by the Department of Home Affairs (DHA). Working a job without the necessary licence is illegal in Australia.
Consequences if You Violate 482 Visa Work Restrictions
What are the possible consequences if you violate your 482 visa work restrictions or conditions? Can your employer cancel your visa? The answer is no.
Notably, only the DHA can cancel your visa. In Australia, the DHA has an arrangement with the Fair Work Ombudsman (FWO) that aims to help visa holders to approach the FWO for help. This is what we call the Assurance Protocol.
Under this program, the DHA will not cancel your visa outright, provided that:
- You are seeking advice from the FWO and you’re answering their queries.
- There is no other reason that would lead to a visa cancellation, such as national security concerns, character and health violations, or fraud.
Furthermore, the FWO will conduct an assessment as to your eligibility to be covered by the Assurance Protocol. If the FWO finds that you are eligible, they will request your permission for referral of your case to the DHA.
Here are the other possible consequences for breaching visa conditions:
- Difficulty of getting other visas in the future
- Removal or deportation
- Fine or detention
- Imprisonment
Talk to JB Solicitors’ Visa Lawyers
For complete information regarding 482 visa work restrictions, consult a visa lawyer from JB Solicitors. Our lawyers are experts in migration law who can guide you in all legal processes that you may be required to undergo.
The effects of breaching visa conditions may depend on the type of visa that you are currently holding. A lawyer will give you legal advice based on your situation and present a feasible solution to the matter at hand.
If you’re concerned about the consequences of breaching your visa conditions, let us help you eliminate your worries. Moreover, we can help primary and secondary visa applicants and check to see that they are following all legal requirements before the visa grant date. Additonally, we can also help visa applicants gain permanent residency or permanent residence in Australia.
Contact us today.
