Skills in Demand visa (subclass 482) — 3 streams from 7 December 2024
Subclass 482 (Skills in Demand) nominations are made in one of 3 streams: Specialist Skills, Core Skills or Labour Agreement.
Who must comply
Employers that nominate an occupation for a Subclass 482 (Skills in Demand) visa: standard business sponsors (including overseas business sponsors) in the Specialist Skills and Core Skills streams, and parties to a labour agreement in the Labour Agreement stream.
What triggers it
Nominating a position for a Subclass 482 visa holder, and employing a primary sponsored person while sponsorship obligations continue.
When due
Before the visa application: the nomination is lodged with the fee and any nomination training contribution charge (reg 2.73). While sponsoring: notify Immigration within 28 days when the sponsored person ceases employment and within 28 days of other prescribed changes or events (reg 2.84), and keep records for the period set by reg 2.82.
Evidence required
Standard business sponsorship approval or labour agreement; nomination showing the stream, ANZSCO occupation, annual market salary rate method and earnings; evidence the position is genuine and full-time and that the business can pay at least the annual market salary rate; employment contract; records kept under reg 2.82 (pay, terms and conditions equivalent to Australian workers under reg 2.79); notifications under reg 2.84.
Max penalty
Failing to satisfy a sponsorship obligation is a civil penalty contravention of up to 240 penalty units ($87,360) for an approved work sponsor (Migration Act 1958 s 140Q(1)). The Minister can also cancel the sponsor's approval or bar it from sponsoring (s 140M), accept enforceable undertakings (s 140RA) and issue compliance notices (s 140RB)
Summary
The Subclass 482 (Skills in Demand) visa lets an approved employer sponsor a skilled worker for a position it cannot fill with a suitably skilled Australian, for up to 4 years. Under the Migration Regulations 1994, a nomination is made in one of three streams (reg 2.73(6)): the Specialist Skills stream, for occupations in ANZSCO Major Groups 1, 2, 4, 5 or 6 where earnings are at least the specialist skills income threshold; the Core Skills stream, for occupations specified in the Minister's instrument under reg 2.72(9); or the Labour Agreement stream, under a work agreement. For the Specialist and Core streams the sponsor must be a standard business sponsor, the position must be genuine and full-time, and the annual market salary rate and the worker's earnings must be at least the relevant income threshold, which is indexed. Approved sponsors then carry continuing sponsorship obligations under Division 2.19.
Enforced by
Source legislation
Topics
Related
- CWLTHDocument VEVO checks + retain employer records (s 245AYL Migration Act)Employers should document VEVO checks at hire; statutory defence for compliant employers.
- CWLTHComply with Standard Business Sponsor obligations (482 + 494)Business sponsors of 482 / 494 visas must meet labour market testing, equivalent terms + record-keeping.
- CWLTHPay Skilling Australians Fund (SAF) levySponsors of 482 visa applicants pay SAF levy at nomination time.
- CWLTHVerify work rights via VEVO before employmentEmployers must verify visa work rights via VEVO before hiring non-citizens.
Frequently asked questions
- Who must comply with Skills in Demand visa (subclass 482) — 3 streams from 7 December 2024?
- Employers that nominate an occupation for a Subclass 482 (Skills in Demand) visa: standard business sponsors (including overseas business sponsors) in the Specialist Skills and Core Skills streams, and parties to a labour agreement in the Labour Agreement stream.
- What triggers Skills in Demand visa (subclass 482) — 3 streams from 7 December 2024?
- Nominating a position for a Subclass 482 visa holder, and employing a primary sponsored person while sponsorship obligations continue.
- When is Skills in Demand visa (subclass 482) — 3 streams from 7 December 2024 due?
- Before the visa application: the nomination is lodged with the fee and any nomination training contribution charge (reg 2.73). While sponsoring: notify Immigration within 28 days when the sponsored person ceases employment and within 28 days of other prescribed changes or events (reg 2.84), and keep records for the period set by reg 2.82.
- What is the maximum penalty for Skills in Demand visa (subclass 482) — 3 streams from 7 December 2024?
- Failing to satisfy a sponsorship obligation is a civil penalty contravention of up to 240 penalty units ($87,360) for an approved work sponsor (Migration Act 1958 s 140Q(1)). The Minister can also cancel the sponsor's approval or bar it from sponsoring (s 140M), accept enforceable undertakings (s 140RA) and issue compliance notices (s 140RB)
- What evidence is required for Skills in Demand visa (subclass 482) — 3 streams from 7 December 2024?
- Standard business sponsorship approval or labour agreement; nomination showing the stream, ANZSCO occupation, annual market salary rate method and earnings; evidence the position is genuine and full-time and that the business can pay at least the annual market salary rate; employment contract; records kept under reg 2.82 (pay, terms and conditions equivalent to Australian workers under reg 2.79); notifications under reg 2.84.
Source: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482. Rules Mate is not a law firm. Always verify against the live regulator source before acting.