Staying in Australia as a 482 Visa Holder while Waiting for an Invitation for 190 or 189 Visa

If you have been approved for a Temporary Skills Shortage (TSS) 482 Visa and you are in the process of applying for the more permanent Sponsored Independent 189 or State-sponsored 190 Visa, here’s what you need to know about staying in Australia. Can you remain on your 482 Visa until receiving an invitation for a permanent visa? The answer is yes, with some conditions to adhere to.

Temporary Stay with a 482 Visa

Your 482 Visa allows you to stay in Australia temporarily to work in a specified occupation for a defined period. However, if you receive the invitation to apply for a 189 or 190 Visa and wish to remain in Australia, you must continue to meet the conditions of your 482 Visa. This means you must remain employed by your sponsor and comply with all the terms until a decision is made on your application or until your 482 Visa expires.

Transition to a Bridging Visa

Once you apply for your 189 or 190 Visa, the Australian government may grant you a Bridging Visa with work rights. This type of visa is designed to allow you to continue working while your application is processed. The key difference between a bridging visa and a cancellation is that a bridging visa will take effect if your 482 Visa expires. It is important to note that the bridging visa will only be granted if your 482 Visa is still valid at the time you apply for the 190 or 189 Visa.

Conditions and Requirements for Bridging Visa

While your 189 or 190 Visa application is being processed, there are several critical conditions you must adhere to:

Continue to work for your 482 Visa sponsor. It is mandatory to stay with the same sponsor until a decision is made on your 190 or 189 Visa application.

Ensure that your 482 Visa is still valid and in good standing. If your 482 Visa is canceled or is about to expire, it will affect your eligibility for the bridging visa.

Comply with the terms and conditions of the 482 Visa, which may include restrictions on the types of work you can perform.

Not apply for a new employer sponsorship until you have been notified of a positive decision on your 190 or 189 Visa application. Doing so could jeopardize your application.

Understanding the Process

The process can be quite intricate. Let’s break it down step by step:

Receive the 482 Visa: First, you obtain a 482 Visa to work in a specific occupation in Australia.

Apply for 189 or 190 Visa: You then apply for the 189 or 190 Visa, which allows you to live and work permanently in Australia.

Continue Employment: You must remain employed with your 482 sponsor until a decision is made on your application or until your 482 Visa expires.

Grant of Bridging Visa: If your 482 Visa is still valid, the government may grant you a Bridging Visa with work rights.

FAQs

Q: Can I leave Australia and re-enter while waiting for my 190 or 189 Visa application to be processed?
A: Generally, you should not leave Australia while your 190 or 189 Visa application is being processed. Doing so can complicate the process.

Q: What if my 482 Visa expires before a decision is made on my 190 or 189 Visa application?
A: Your 189 or 190 Visa application will be considered invalid if your 482 Visa expires before a decision is made. Your application may need to be submitted again once you return to a valid 482 Visa.

Q: Can I apply for a new 482 or another visa while waiting for my 190 or 189 Visa decision?
A: It is recommended that you continue with your current 482 Visa until a decision is made. Applying for a new visa before receiving a positive decision on your 189 or 190 Visa could result in complications.

Concluding Thoughts

Staying under a 482 Visa while awaiting an invitation for a permanent visa (such as 189 or 190) requires careful planning and compliance with strict conditions. Ensuring that you are aware of the requirements and adhering to them is crucial to avoid complications and ensure a smooth process.