After the state-nomination quotas were released, many people began asking about employer sponsorship.We’ll spare you the lengthy explanation as to why.Admittedly, compared with points-tested skilled migration (Subclass 189/190/491), employer sponsorship is unfamiliar territory for many.People instinctively tend to frame their questions around points-tested skilled migration, and in particular the notion that [a skills assessment is the first step in Australian skilled migration] has become firmly fixed in many people’s minds。

So the question often goes like this: My assessed occupation is XXX, or I should be able to get XXX assessed — can I apply for employer sponsorship?

Employer sponsorship comes in many categories, and the one with the lowest threshold is 482TSS, and when applying for a Subclass 482 visa, most people, through most occupations, the notion that do not need a skills assessment.

Here’s the key point: [most] and [do not need]

Today let’s talk about which applicants and which occupations fall into the minority that DO require a skills assessment, and whether an exemption is possible.

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Subclass 482 skills-assessment requirements

As a temporary work visa, the Subclass 482 offers greater flexibility and relatively more relaxed requirements for applicants — covering skills, experience, qualifications and English. For most occupations, no skills assessment is required before lodging a Subclass 482 visa application.

However, for certain specified occupations (the vast majority of which are trade occupations) and holders of passports from certain countries or regions, where no exemption applies, a skills assessment specifically required for the Subclass 482 visa must be applied for from the relevant assessing authority before the visa application is lodged.

Some people then say: trade occupations are only a small minority, so surely there’s nothing to worry about?

A word of caution up front: for example, Program/Project Administrator (ANZSCO 511112) and Specialist Managers (nec) (ANZSCO 139999) require a skills assessment to apply for the Subclass 482, with an application to VETASSESS for a general professional occupations skills assessment.

The mandatory skills-assessment requirement is a Schedule 1 requirement, and if the relevant application is not made before lodging the Subclass 482 visa application, the visa application cannot be validly lodged。

Below, let’s look at the Department of Home Affairs’ requirements for providing a positive skills assessment in a Subclass 482 visa application.

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How to determine whether a skills assessment is required

Generally speaking, the mandatory skills-assessment requirement applies to specified occupations and to holders of passports from certain countries or regions. The step-by-step screening is as follows:

Step 1: Check the occupation

Is the relevant occupation on the occupation list set out in the legislative instrument IMMI 18/039? (If it is not on that occupation list, no mandatory skills assessment is required.) See the example screenshot below.

Step 2: Check the passport held

If your occupation does appear, you then also need to check whether the applicant’s passport is on the list of countries or regions set out in the legislative instrument IMMI 18/039 (if it is not on that list of countries or regions, no mandatory skills assessment is required). See the example screenshot below.

For instance, applicants holding a passport from Brazil, Fiji, Hong Kong (China), Macau (China), India, the Philippines, South Africa, Vietnam or Zimbabwe only need the relevant skills assessment when applying for a Subclass 482 through the occupation of cabinetmaker.

Step 3: Check whether an exemption applies

Check whether any of the exemption scenarios listed in the legislative instrument IMMI 18/039 apply. See the example screenshot below:

Common exemption scenarios include one of the following:

1. You have previously been the primary applicant for a Subclass 482 or 457 visa, already hold that type of visa, and are employed in Australia in a role related to the nominated occupation;

2、You are currently employed overseas in the same nominated occupation or a similar occupation, and are nominated as a Subclass 482 visa applicant by that overseas business or its associated entity in Australia (in short, an intra-corporate transfer);

3、Applicants who have completed relevant occupational training and obtained the corresponding qualification in Australia or in certain specified countries (other than the two occupations Program/Project Administrator and Specialist Managers (nec)), or who already hold the licence or registration required to work in the nominated occupation in Australia, or who have already obtained a TRA overseas skills assessment outcome.

Worked example:

Xiao Ming is a Chef, holds a Chinese mainland passport, and obtained the relevant qualification in Australia, and was therefore exempt from the mandatory skills-assessment requirement when lodging the Subclass 482.

As an aside, for occupations that do not require a mandatory skills assessment, Subclass 482 Schedule 2 of the migration legislation contains a reserve clause requiring the applicant to have the “skills, qualification and experience necessary to perform the nominated occupation.”In other words, the applicant must provide evidence of the relevant skills and work experience to demonstrate that they meet the requirements of the nominated position. Otherwise, there is a risk the visa will be refused.

Compared with Subclass 189/190/491, employer sponsorship is far more case-specific and ever-changing. If you have questions and want to learn more, the best approach is to message our client service team directly so we can arrange a professional assessment for you!

Recent employer-sponsorship success stories

Software Engineer — Subclass 186 DE Lodged late November last year; nomination granted late August 2023

Retail Manager — Subclass 494 nomination and visa Lodged May 2023; nomination and visa both granted together late August 2023

Motor Mechanic — Subclass 482 Lodged 30 June 2023; nomination granted 29 August 2023

Taxation Accountant — Subclass 186 DE Lodged late October 2022; nomination received early August 2023; visa granted with partner on 29 August 2023

General Accountant — Subclass 186 DE Lodged November 2022; Subclass 186 DE nomination granted 28 August 2023

Electrical Engineer — Subclass 482 Visa lodged mid-August 2023; Subclass 482 granted 28 August 2023

Marketing Specialist -482 Lodged early August 2023; sponsorship approval and position nomination both granted late August 2023

Management Accountant — Subclass 186 Nomination lodged October 2022; Subclass 186 DE nomination and visa both granted together on 17 August 2023

Software Engineer — Subclass 186 DE Lodged October 2022; Subclass 186 DE nomination and visa (with partner) both granted together in August 2023

Statistician — Subclass 482 Nomination received June 2023; visa granted mid-August 2023

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