Your482 visacannot be extended
If you hold a Skills in Demand visa (subclass 482) and it is coming to an end, you may be wondering whether you can simply ask for more time. The Department of Home Affairs is clear on this point. You cannot stay in Australia longer by extending this visa.
That does not mean your time with your employer has to end. It means that staying on requires a fresh process, and that process takes planning.
What you need to keep working for your employer
Home Affairs explains that if your visa is expiring and you want to keep working in Australia for your existing employer, two things need to happen. Your employer will need to submit a new nomination, and you must apply for a new visa.
The order matters. Home Affairs states that your employer's nomination must be approved before a Skills in Demand visa can be granted. Leaving either step until the last few weeks can put you under real pressure.
How long a482 visalasts
The Skills in Demand visa is a temporary visa. It lets you work in Australia for up to 4 years, or up to 5 years if you are a Hong Kong passport holder. Your grant letter shows the date your visa ends, and you can also check it in the government's Visa Entitlement Verification Online service, known as VEVO.
Time spent outside Australia does not add extra time to your visa, so it is worth checking your expiry date well ahead of any plans.
Applying from within Australia
You can apply for this visa from inside or outside Australia. You cannot apply while you are in immigration clearance. If you are applying in Australia, you must hold a substantive visa, or a Bridging visa A, Bridging visa B or Bridging visa C, when you apply. This is one more reason not to let your current visa run too close to its end date before a new application is made.
Keep meeting your visa conditions
While you plan your next step, continue to meet the conditions of your current visa. These include working in Australia only in the occupation you were nominated for, and only for your nominating business or, in some circumstances, an associated entity of that business.
If your job ends
Plans can change suddenly. Home Affairs states that if you have been laid off and are currently unemployed, you have up to 180 days to find a new employer or make arrangements to leave Australia. Home Affairs also explains that the 180 days are counted from the date you finish working for your sponsoring employer, and this covers resigning as well as being let go.
In that time you can find another approved sponsor to nominate you, be granted a different visa, or leave Australia.
There are also limits on how long you can go without sponsored work. Under the Migration Regulations, each period must not be longer than 180 days in a row, and the total must not be more than 365 days over the life of your visa. Going beyond these limits is a breach of your visa conditions and can lead to your visa being cancelled.
If your job ends, getting advice early helps you use that time well.
Permanent residence through your employer
Home Affairs also notes that your employer may be able to sponsor you for permanent residence through the Employer Nomination Scheme visa (subclass 186), and that you might be eligible for other skilled work visas.
The Temporary Residence Transition stream of the186 visais for people who hold a subclass 457 or482 visaor an eligible bridging visa, and you must be nominated by the employer who most recently sponsored you. It usually requires at least 2 years of full-time sponsored work in Australia in the 3 years before you apply, while holding a subclass 457 or482 visaor an eligible bridging visa.
Other requirements also apply, including rules about your age, your English and your nominated occupation, so it is important to check your own circumstances carefully.
Official information from Home Affairs
Home Affairs sets out the rules for staying longer, working and losing your job on its Skills in Demand visa Core Skills stream page.
Read the Home Affairs page on the Skills in Demand visa Core Skills stream
Read the Home Affairs page on the 186 Temporary Residence Transition stream
Start planning early
The earlier you and your employer start talking about what comes next, the more options you are likely to have. Your employment history, your occupation and your age can all affect which pathway suits you best. We can review your situation with you and help map out the next step.
Read our guide to work and skilled visas
Read what employers need to know about the 186 Direct Entry stream
See our other recent migration updates
To talk about your situation, Book a Consultation from the top of this page, or message us on WhatsApp on +61 478 278 410.
General information only, not legal advice. EMC Australia, MARN 1800335.