When applying for a new subclass 482 visa, certain occupations and passport holders are required to provide a mandatory skills assessment. However, there are exemptions available that could save you time and money. One of the most commonly discussed exemptions applies to people who already hold a 482 (or former 457) visa. Here’s what migration professionals have debated about how this exemption works in practice.
The Skills Assessment Exemption for Current 482 Visa Holders
Need help with your specific case?
A 30-minute consultation with a MARA-registered migration agent for $85, credited toward your full application.
Under the Migration (IMMI 18/039: Mandatory Skills Assessment – Subclass 482 Visa) Instrument 2018, a person who has applied for a subclass 482 (Skills in Demand) visa is an exempt applicant for an occupation if all of the following apply:
- The person holds a subclass 457, 482 (Temporary Skill Shortage), or 482 (Skills in Demand) visa.
- The person satisfied the primary criteria for the grant of that visa.
- The person is employed in Australia in the nominated occupation to which the application relates.
This exemption is designed to avoid requiring a fresh skills assessment for workers who have already been assessed and are working in the relevant occupation.
What Does “Employed” Mean in This Context?
This is where things get interesting. The exemption requires that the person is “employed in Australia in the nominated occupation.” But does this mean employed by their approved sponsor, or simply employed in the occupation by any employer?
This question commonly arises when a 482 visa holder has left their original sponsor and is working for a new employer during the 180-day transfer period. They’re still working in the same nominated occupation, but they’re not yet formally sponsored by the new employer.
Migration professionals have noted that the legislation says “employed in Australia in the nominated occupation” — it does not specifically say “employed by the approved sponsor.” This suggests that working in the nominated occupation for any employer could potentially satisfy the exemption requirement.
Check If Your Previous Skills Assessment Is Still Valid
Before relying on the exemption, it’s worth checking whether the skills assessment provided for the original 482 visa is still valid. Skills assessments typically have a validity period (often 3 years, though this varies by assessing authority). If the previous assessment is still current, this may negate the need to apply for an exemption or obtain a new assessment altogether.
Nomination Transfer vs. New Visa Application
It’s important to distinguish between two different scenarios:
- Nomination transfer — where the new employer lodges a new nomination to transfer the existing visa. In this case, the current visa doesn’t change, only the sponsor/nominator. If the applicant was exempt from needing a skills assessment for their current visa, they remain exempt.
- New visa application — where the visa holder needs to apply for an entirely new 482 visa (e.g., because their current visa is expiring). In this case, the skills assessment exemption criteria need to be assessed afresh based on the circumstances at the time of the new application.
Key Takeaways
- Current 482/457 visa holders may be exempt from a new skills assessment when applying for a new 482 visa.
- The exemption requires the person to be employed in Australia in the nominated occupation — the legislation does not specify it must be sponsored employment.
- Check whether your previous skills assessment is still valid before applying for a new one.
- A nomination transfer doesn’t change the visa or its conditions, while a new visa application triggers a fresh assessment of all criteria.
Understanding the skills assessment exemption can save significant time and cost when transitioning between sponsors. If you’re unsure whether the exemption applies to your situation, professional guidance can help you navigate the process.
Related Articles You May Find Useful
- 186 TRT Visa: Can You Apply If Your Employer’s Sponsorship Has Expired?
- Which Skills Assessing Authorities Apply to 482 Visa Applications?
- 482 Visa Qualification Requirements: What If Your Qualifications Don’t Match ANZSCO?
- Subclass 888 Visa: Does Cash at Bank Count Towards the $200,000 Business Asset Requirement?
- Can Work Experience Substitute for Qualifications on a 482 Visa?
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
Clear advice. Practical next steps.
Discuss your circumstances with a registered migration agent
Book a focused 30-minute consultation to understand the options, risks and evidence relevant to your matter.