Navigate the Transition from Skills in Demand Visa (Subclass 482) to Partner Visa
Are you holding a Skills in Demand (SID) (Subclass 482) visa with the opportunity to live and work in Australia for up to 4 years? However, if you are a SID Subclass 482 visa holder and considering applying for a Partner visa, there are several important factors to keep in mind regarding visa implications.
Understanding the Skills in Demand (SID) (Subclass 482) Visa
The SID (Subclass 482) visa, previously known as the Temporary Skill Shortage (TSS) visa, allows visa holders to work in Australia for their sponsoring employer. This visa is tied to both employer and employee, which means that if there are any changes to employment, there can be some implications.
Applying for Partner Visas (Subclass 820/801)
The Partner visa (Subclass 820/801) allows the spouse or de facto partner of an Australian citizen, Australian permanent resident (PR) or eligible New Zealand citizen to be sponsored and live in Australia. If you hold a Subclass 482 visa and wish to apply for a Partner visa, consider the following:
When you apply for the onshore Partner Visa (Subclass 820/801), you will be granted a Bridging Visa A (BVA) (Subclass 010). The BVA allows you to stay in Australia while your Partner visa is being assessed.
Importantly, the BVA will not be in effect for the duration of your Subclass 482 visa. This means you will continue to operate under the condition of your Subclass 482 visa until it expires. Once your Subclass 482 visa expires, then the BVA will be in effect. Your BVA conditions will replicate the previous visa that you are holding, which will be the SID (Subclass 482).
What are the Important Conditions of the SID Subclass 482 Visa?
The SID Subclass 482 visa has specific conditions that holders must follow:
Condition 8607 requires visa holder to work exclusively for their sponsoring employer, with limited exceptions. If the visa holder or the nominated employee ceases employment with the sponsoring employer, there are strict implications.
Visa holders are required to maintain adequate health insurance. However, applying for a Partner visa entitles them to enrol in Medicare, which meets the criteria.
What Happens After I Cease My Employment?
If you are a Subclass 482 holder and cease employment with your sponsoring employer:
You have 180 days to find a new employer who is willing to sponsor you. Otherwise, your visa may be cancelled.
We highly suggest that you speak with an Accredited Specialist in Immigration Law if your visa is cancelled.
Related: What are the Consequences of Visa Cancellation?
What if my Subclass 482 is Still Pending for A Decision, Can I Still Apply for a Partner Visa?
If you are thinking about changing your visa and you currently have a bridging visa because your Skills in Demand (Subclass 482) visa is still being processed, you can apply for a Partner visa (Subclass 820/801). However, there might be some issues with your application since you do not hold a substantive visa. This means you may not satisfy Schedule 3 criteria for a Partner visa, which will then have to seek professional assistance if you have strong reasons for your situation.
How Can Agape Henry Crux Help
If you think you are planning to make the switch as mentioned above, seek professional advice from an Immigration Lawyer at Agape Henry Crux to avoid any common mistakes when applying for Partner Visas. AHC team consists of immigration lawyers and registered migration agents who work together with our Accredited Specialists Immigration Lawyer(s) who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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