Who must comply with 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.

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.

Applies when the business has sponsored visa workers.

How the regulator frames it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires sponsored visa workers.

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

• The business sponsors workers on employer-sponsored visas: it then applies (you sponsor visa workers).

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.

Frequency

Ongoing

Evidence to keep

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.

Status

Current

Priority

Critical

Maximum 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)

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

• Comply with Standard Business Sponsor obligations (482 + 494)
• Pay Skilling Australians Fund (SAF) levy

• Document VEVO checks + retain employer records (s 245AYL Migration Act): Employers should document VEVO checks at hire; statutory defence for compliant employers.
• Verify work rights via VEVO before employment: Employers must verify visa work rights via VEVO before hiring non-citizens.

Rules Mate tracks 5 published obligations tagged "migration", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 2 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Migration Act 1958: Federal migration regulation.

• Migration Act 1958

Free tools that help with this obligation:

• Compliance calendar builder