The Labour Agreement Stream of the Skills in Demand (SID) Visa (Subclass 482) is for skilled workers who are nominated by employers who have a labour agreement in place.
Labour Agreements are developed between the Australian Government and employers. They enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met by the Australian labour market and where standard temporary or permanent visa programs are not available.
Labour Agreements are difficult to procure as they are a standing individual agreement between an Australian company and the Commonwealth and enable sponsorship of occupations which are not usually available through the standard business sponsorship. The Labour Agreement may also offer concessions such as age or English language to enable sponsorship of a wider variety of employees.
The Labour Agreement Stream is one of three pathways under the Skills in Demand Visa. Visas granted under the Labour Agreement Stream are temporary – granted for up to four years (five years for Hong Kong passport holders). Applicants can be in or outside of Australia when applying for this visa.
The Skills in Demand Visa – Labour Agreement Stream enables visa holders to:
- Work in Australia for a sponsor for up to four years (five for Hong Kong passport holders)
- Study (without government assistance)
- Travel to and from Australia throughout the validity of the visa
- Be sponsored by their employer for permanent residence through the Employer Nomination Scheme (subclass 186)
Eligibility Criteria
To be eligible for the Skills in Demand Visa – Labour Agreement Stream, applicants must:
- Be working in an occupation that is the subject of a labour agreement between the Commonwealth and employer
- Have at least one year of relevant full-time work experience
- Be nominated by an employer
- Have a relevant skills assessment if required for their occupation
- Work only for their sponsor
- Meet minimum standards of English language for the nominated occupation
- Hold a substantive visa or Bridging Visa A, B or C if applying from within Australia
- Meet health requirements
- Have adequate health insurance
- Meet character requirements
- Have not had a visa cancelled or a previous application refused
- Have no debt to the Australian Government
- Sign the Australian values statement
Additional Information
Staying Longer
Holders of this visa may be able to extend their stay if their visa is expiring and they wish to remain in Australia and work for their existing employer. In order to do so, the employer will need to submit a new nomination, and applicants will need to apply for a new visa. The employer may also be able to sponsor the applicant for permanent residence under the Employer Nomination Scheme (Subclass 186). Please note that the labour agreement will usually need to include a permanent residency pathway, unless another pathway is available.
Bring Family
Family members can also be included in the visa application. The family members that can be added will depend on whether the primary applicant currently holds a Subclass 457 or 482 Visa. (For more information about adding family members to a visa application, visit the Department of Home Affairs website)
Processing Times
Processing times for the Skills in Demand Visa – Labour Agreement Stream can vary. Applications are assessed on a case-by-case basis and many factors can affect processing times, including:
– Whether the application was submitted with all the necessary supporting documentation.
– How quickly applicants respond to requests for more information
– How long it takes to perform the required checks
– How long it takes to receive information from external agencies especially in relation to health, character and national security requirements
Obligations
Skills in Demand – Labour Agreement Stream Visa holders must meet all conditions of the visa and obey Australian laws. Visa holders must begin their employment within 90 days of entering Australia if the applicant is outside Australia when the visa is granted. If the applicant is in Australia when the visa is granted, then they must commence employment within 90 days of the visa grant date.
If you would like to learn more about the Skills in Demand Visa or any other aspect of immigration, contact the experienced team of registered migration agents at Visa Solutions Australia.
