You have broached the subject of sponsorship to your employer and now they’ve set up a meeting to discuss it… first of all, congratulations! Secondly, what on Earth are you going to suggest?!
Finding out what will work for me
Depending on your situation there may be a few different options when it comes to employer sponsorship. There is the chance your employer will sponsor you for a visa that grants PR immediately (but with conditions), such as the 186 visa. If your employer isn’t willing to make this commitment however, a temporary option may be your best shot. Here we will discuss the advantages and disadvantages of the 482 Temporary Skill Shortage Visa (Short-term or Medium-Term), and the 494 Skilled Employer Sponsored Regional (Provisional) Visa.
If you live and work in Sydney, Melbourne or Brisbane you have to go for the 482. If you live and work anywhere other than these three cities, you are considered regional and your options are doubled. If you are over the age of 45 you are ineligible for the 494 visa, so again, 482 is the way. For the sake of this post, we’ll assume that you are under 45 and living in a regional area, giving you the choice of either 482 or 494.
Both of these visas are temporary visas designed to allow employers to sponsor a skilled immigrant in a position where no suitably skilled Australian is available. The job must be on a suitable occupation list, you must have the right skills demonstrated by a positive skills assessment, and you must have a certain level of English. Let’s compare the two visas in these topics.
Is my occupation on the right list?
482 has two streams: short-term and medium-term. If your occupation is on the Short-term skilled occupation list (STSOL), then your only option for the 482 is up to two years. If your occupation is on the Medium and Long-term Strategic Skills List (MLTSSL), then you can apply for up to four years.
494 includes pretty much everyone whose occupation is on the Skilled Occupation List, regardless of whether you are on the Short or Medium and Long-term lists. Also, this visa can be granted for up to five years.
Your professional experience matters
Your relevant experience should be from a full-time position, although relevant part-time jobs may be considered. Any work you did on a casual basis is not counted.
- 482: You must have two years of relevant experience, usually within the 5 years prior to applying, and a positive Skills Assessment.
- 494: You must have three years of relevant experience and a positive Skills Assessment for that occupation.
What about my English level?
Generally your English level must be proven through a test result. There are five acceptable tests, all of which have different scoring systems. The English requirements for 482 are slightly lower than the requirements for 494.
PR or no PR… that is the question!
Both these visas allow you to travel in and out of Australia as often as you like, have the opportunity to bring family members on subsequent visas and require you to start work within 90 days of approval. But we know what you’re really interested in… the pathway to PR, right? Let’s check it out.
482: If you are granted the short-term visa and want to stay for longer than two years, your employer must submit a new application for you and you must apply for the visa a second time. The medium-term visa can be granted up to four years, meaning you may be able to apply for PR before your visa expires. The pathway to PR here is through your employer. After three years on the 482 your employer can sponsor you for PR on a subclass 186. If granted, you and the employer are committed to continue the employment for a minimum of two years.
494: This visa can be granted for up to five years! After three years, you have the right to apply for PR through the Skilled Regional 191 visa. The benefit of the 191 is that you can apply on your own, without the need for sponsorship. This visa will only come into effect in November 2022, and as such there is no estimate of cost, processing times, or any specific list of requirements and documentation yet.
Which visa do I choose?
At the end of the day, the choice may not be entirely up to you. Whilst you or your employer may have a preference for one visa over the other, the requirements vary and therefore affect the decision-making process. It is important to know which visa is best suited to your situation and what the longer-term consequences may be. When making any migration decision you should follow the potential pathways all the way to your desired outcome, and make them based on strategy rather than blind faith. Occupation lists and visa requirements can change with little warning so understanding the conditions fully is your best bet at success.
If you’re searching for a pathway to PR but don’t know where to turn, book a consultation with one of our friendly agents who will walk you through your migration options in a language you can understand.
