Global Immigration Consulting Supporting Business Since 2008 (482 Visa)

Global Immigration Consulting has practiced in the employer sponsored visa sector since 2008. At the core of our business is providing quality and strategic assistance to both  visa Applicants and their Sponsors. 

We maintain a 100% success rate with 457, 482 visas  – we have never had a 457/482 Visa or 186 Visa finally refused. We have secured visas for applicants across a multitude of industries and service sectors and have assisted companies large, medium and small. We have also assisted visa applicants in changing their sponsors whilst remaining on their current 482 visas.

A 482 Visa must be linked to an approved Sponsorship and an Approved Nomination in order to be granted. The 3 applications, particularly the Nomination application are complex and require the satisfaction of the relevant criteria. 

482 PATHWAY TO PERMANENT RESIDENCY UNDER 186 VISA

APPLICANTS THAT  WORK FOR 2 YEARS ON A 482 VISA MAY QUALIFY FOR PERMANENT RESIDENCY UNDER THE 186 TRT STREAM*

All Applicants and Sponsors receive a free no obligations, Assessment and strategic plan. CONTACT US FOR A PERSONALISED ASSESSMENT.

Introduction of (SID) Skills in Demand - December 7th, 2024.

The government introduced the SID (Skills in Demand) program in December 2024. The SID program replaces the former TTS program. The SID program retains many of the structural continuities of the TTS system, however eligibility operates in line with 3 new distinct SID streams:

1. Core Skills Stream – that limits nominations to occupations listed in the current CSOL (Core Skills Occupation List).

2. Specialist Skills Stream – Occupations with a salary above $135,000 per annum and are listed in the ANZSCO Dictionary.

3. Labour Agreement Stream – for Employers with existing Labour agreements or seeking to secure a Labour Agreement.

WHERE CAN 482 NOMINATIONS FAIL?

The SID nomination in a word is a “complex” process that requires satisfaction of a number of key requirements. If there are issues it will likely arise with the SID  Nomination application. Below are some key areas that are misconstrued and often lead to nomination refusals:

1. Non-Compliant LMT – Labour Market Testing (where not exempt). Demonstrating  that efforts have been made to fill the position locally. This must occur in the manner prescribed by LIN 18/036 and s140GA of The Migration Act.

· Advertising was not conducted on 2 compliant platforms 

· Advertising was not conducted on 2 compliant platforms for the required duration

· Advertising did not contain the skills and experience needed for the position

· Advertised salary or salary range did not align with the eventual contract offered to the nominee.

2. Capacity & Financial Requirements – as per Paragraph  2.72(17A) of The Migration Regulations 1994

· The Sponsor failing to demonstrate their capacity to support the nominee’s position for the period nominated and to pay the nominee’s annual salary (AMSR – Annual Market Salary Rate). This can occur by failing to present favourable financial evidences. In the case of new businesses, failing to provide a viability letter from the company Accountant, failure to provide a strategic Business Plan,  failure to evidence access to operational capital that supports the claim of being able to support the position and the payment of the AMSR.

3. Non-Genuine Position – Subregulation 2.72(10) requires that the position is genuine. This is the key ground for refusal and encompasses many elements. The Sponsor is required to demonstrate that the position is genuine and fits into the nature, activities, scope, and scale of the Sponsoring business. 

· Sponsor has failed to present compelling, clear and concise arguments as to the genuine nature of the position and how the position fits into the activities, nature, scope and scale of the nominating business. 

· Sponsor failing to provide key/relevant supporting evidences to support the “Genuine Position” requirement.

· The nominated role is not a traditional role in the business’s core area of practice i.e. a full time, in house, Accountant being nominated for a Restaurant chain. In this instance a scope and scale argument has not been convincingly addressed - that demonstrates that a full-time position for an Accountant is required. 

· Lack of evidence and compelling arguments addressing the genuineness of the position can lead to the assumption that the business has created the position for the purpose of a migration outcome. 

· Consistency with ANZSCO description, performing a Significant Majority of the Tasks of the nominated occupation – the nominated position does not seem to be consistent with the occupation tasks described in the ANZSCO definition for the nominated position. 

· Entering into a contract of employment, with the nominee, for the nominated position, before the 28 days of required LMT has concluded.

4. Failing to Nominate Above the CSIT as per IMMI 18/033. For Core Skills Stream -Nominating a Salary below the (CSIT) – currently set at AUD76,515.

· Applicant has nominated below the CSIT and has not realised a nomination cannot be approved in the Core Skills Stream with an annual salary below AUD76,515.

5. Incorrect Method used to Determine the Nominee’s Salary (AMSR- Annual Market Salary Rate) – AS PER IMMI 18/033.

· Sponsor providing less favourable terms and conditions of employment to an employee performing “equivalent work” in the business.

· Sponsor citing equivalent terms and conditions of employment for an Australian employee not deemed to be performing “equivalent work” to the nominated positioned.

· Where there is no “equivalent worker” performing equivalent work” at the same location – The Sponsor failing to determine the market rate salary in line with the legislative instrument IMMI 18/033. IMMI 18/033 sets out the requirement to determine the AMSR using “Relevant Information”. “Relevant Information” is defined in IMMI 18/033 with a specific sub-set of qualifying evidences that meet the requirement of “Relevant Information”.

6. Failure to understand and Comply with Caveats as per LIN 24/089 (CSOL Instrument)

· Occupations like Cooks, have caveats 3,4, where nominations can not be in a mass production, factory setting or in a limited service restaurant. Nomination applications are refused as caveats 3 or 4  applies i.e. in relation to Caveat 4 the nominating business is refused as it is deemed to be a limited service café, a limited service restaurant , fast food venue* etc (contact us for all the Caveat 4 restrictions and personal assessment for Cooks and Chefs).

WHERE CAN 482 NOMINATIONS POSSIBLY SUCCEED?

· When partnering with an employer sponsored visa expert that will provide a comprehensive strategic service that will correctly address “Genuine Position”, “LMT” and compliant job ads, “AMSR” Market Rate Determination, “No less favourable terms and Conditions of Employment”, “Equal Terms and Conditions of Employment”, “Equivalent Work”, ANZSCO Position Compliance “Significant Major of the Tasks” and so on....no stone left unturned.

· When partnering with an experienced employer sponsored visa expert with years of hands-on experience across multiple industries. 

· When Partnering with a Consulting Firm that is guided by 17 + years of knowledge, that also intimately understands the relevant laws and the associated policy nuances.

· When applying an “inversion strategy” – a strategy that requires knowledge of what can go wrong, pre-empt the decision maker’s likely position and make strategical calculations to negate the risk/non compliance - prior to lodgement.

· When Partnering with an employer sponsored visa expert, driven by the desire to win. A partner that has never had a 457,482 or 186 Visa finally refused.

· When booking a free consultation and assessment and understanding your genuine prospects of success, whilst understanding what are critical obstacles.
 

Contact us today for a FREE and frank assessment of your genuine prospects. Telephone or FREE Face to Face, first (limited) consultation for prospects at our Melbourne, Mulgrave Office. Free phone assessment for "genuine" prospects overseas. 

* Limited to  genuine prospective clients only.