482 Visa requirements:
The main requirements for the 482 Visa as they stand are your skills and qualifications, character checks, health checks, and your English language, and whether your occupation stream in on the Medium- or Short-term list. If your occupation is on the Short-Term list, such as Cook, you cannot apply for 186 Visa unless you fall under the grandfathering arrangements.
What are formal qualifications?
It is a way of obtaining skills and qualifications by studying formally at an institute by going to an education provider, studying for at least, depending on the duration of the course, 1.5 to 2 years.
Qualifications that you obtain through Recognition of Prior Learning (RPL) will not count towards formal qualification. Depending on your qualification, formal or informal the requirements change. If you’ve got a formal qualification, say, for example for a Chef, you need Certificate III, IV and Diploma and 2 years of experience to apply for a 482 Visa.
2 years of experience can be done at any time, whether it is before your qualification or after your qualification. If you have an RPL or no formal qualification, you will need 3 years of full-time employment and a skill assessment.
Depending on the country of passport, you may or may not need to acquire a skill assessment, regardless of your experience and RPL. The Immigration Department has published list of countries for specific occupations that require a skill assessment if you are going through informal 3 years work experience requirement. For Example, for a Chef, and the countries that requires skill assessment for that occupation for the 482, Persons who hold a Passport Issued by Bangladesh, Brazil, China, Fiji, Hong Kong, India, Macau, Nepal, Pakistan, Papua New Guinea Philippines, South Africa, Thailand, Vietnam or Zimbabwe require skill assessment.
If you do not have a passport issued by these countries, you should be able to bypass the requirement without having a skill assessment. Immigration Department have said, in order for you to satisfy one of the criteria for the 482 Visa, you will need to have worked full time for at least 2 years, in a Closely Related occupation. Closely Related could mean someone working as a Demi Chef or a Sous Chef. Someone working as a Kitchen Hand or just a Cook would not be deemed as Closely Related occupation. 2 Years of Employment in only those occupations would allow you to satisfy that criteria, so for Cooks we do not recommend using Chef as their occupation.
The immigration Department policy Clearly states, “work experience as a kitchen hand or cook cannot be counted towards work experience requirements for a chef position, experience must be gained at the appropriate skill level.”,
Occupations such as Kitchen Hands and Cooks are at a lower ANZSCO skill level than that of a Chef.
Another important point of reference is At a Skill Level criterion. So, what is At a Skill Level?
At a Skill Level is either after your relevant qualification for a Chef , which would be after Cert IV or relevant higher qualification and if you are to go through the informal qualification route, that would be after 3 years of full-time employment. That is when you acquire the necessary skills to proceed with your application.
ANZSCO - Australia and New Zealand Standard Classification of Occupations
The department refers to ANZSCO in terms of what an appropriate skill level for most occupations are. If you want to check what are the requirements are for your occupation, get on the ANZSCO website, put in the ANZSCO code, and it is usually outlined what formal qualifications you need or what can be substituted for the formal qualification in the manner of how many years work experience that you need.
Now let us talk about the English language requirements. For English language requirements for the Medium Term, you need to get at least 5 each or equivalent English scores and for the Short Term, you need 5 in each band, no less than 4.5.
As for health cover, you need to organize a basic working cover that’s similar to the one you require for a 485 Visa, as long as they cover you for the basic hospital cover and everything else, you should be okay.
For the GTE what the department has said is, if you apply for a Medium-Term list occupation, as a Chef you do not need to satisfy any GTE criteria. But if you were to apply as a cook, you will need to address all the relevant issues. The guideline has been, if a person who has come to Australia and done what they had to do for a particular visa, GTE is not an issue. But if you have been here for a long time and have not progressed in your studies or done what you were meant to do on your previous visas, GTE will be an issue. For example, you get a visa for 2 years and you want to stay in Australia for a further 2 years. You will need to make an offshore application. You can't apply for an onshore application for short term skills. There is an exemption if you are going from a 457 to a 482. Even though you nominate an occupation as Cook, you do not need to satisfy the GTE criteria. So, if you have a 457 and you are applying for the 482 there is an exemption. But if you're going from a 482 to another 482 you need to be offshore and you still need to satisfy the GTE criteria, so that's another point that you need to consider.
How Do I Qualify for a Subclass 186 Visa?
The Temporary Residence Transition Stream-TRT (Grandfathering arrangements)
There are two ways of applying through the TRT stream; those who had applied for or held a 457 Visa before 18 April 2017, and those who applied for a 457 or 482 Visa after 18 April 2017.
If you applied for a 457 Visa before 18 April 2017 and subsequently granted, you can apply for the 186 Visa once you have worked with your sponsor for a minimum of two years while holding he 457 Visa, on the basis of grandfathering arrangements, set out by the Department of Home Affairs. You must also be under 50 years of age.
If your 457/482 visa was granted after 18 April 2017, you must have an occupation on the Medium and Long term Strategic Skills List (MLTSSL), and can then apply for the 186 Visa once you have worked for your sponsor for three years while holding the 457/482 Visa. You cannot apply for the 186 Visa if you were granted the 457/483 Visa after 18/04/2017 and if your occupation is on Short-Term Skilled Occupation List) STSOL, unless you have worked and lived in a regional area. You must also be under 45 years of age.
All applicants in this stream must demonstrate that they have earned the salary nominated in their 457/482 nomination in each relevant year.
The Direct Entry (DE) Stream
Applicants under the DE stream must have an occupation on the MLTSSL and must obtain a skills assessment in their occupation. At least three years of employment at the skilled level is required. You must be under 45 years of age.