The Skills in Demand visa (subclass 482) is the temporary visa that allows an Australian employer to sponsor a skilled worker when the employer cannot fill a position with a suitably skilled Australian. It replaced the Temporary Skill Shortage visa and has been updated since it was introduced. This article explains how it works for both employers and applicants in plain English.
What is the Skills in Demand visa?
The Skills in Demand visa lets approved employers sponsor workers from overseas, or workers already in Australia, to fill a nominated position. Home Affairs lists several streams, so the first step is to work out which one fits. The Core Skills stream is aimed at occupations on the Core Skills Occupation List, and the Labour Agreement stream is for employers who have a labour agreement with the Australian Government. Other streams, such as the Specialist Skills stream for higher-paid specialists, may also apply, and the stream names and rules can change.
The three-step process
The process involves three separate applications. Each must be approved.
- Sponsorship: the employer applies to become an approved standard business sponsor, unless it is already approved.
- Nomination: the employer nominates a specific position and occupation, and the nomination is assessed.
- Visa application: the worker applies for the visa, naming the approved nomination.
What employers need to know
- Genuine position: the position must be genuinely needed by the business, and the business must be lawfully operating.
- Market salary and income threshold: the worker must be paid at least the annual market salary rate, being what Australian workers are paid in comparable roles, and also meet any minimum income threshold set for the relevant stream. These thresholds are indexed and change, so check the current figure.
- Labour market testing: some nominations require evidence of recent advertising unless an exemption applies.
- Training and fees: sponsors have obligations around the Skilling Australians Fund levy, which varies with business size, and other costs.
- Sponsorship obligations: sponsors must keep records, pay the agreed salary, cooperate with inspections and notify the Department of certain changes. Breaches can lead to sanctions, including cancellation of sponsorship and financial penalties under the Migration Act 1958.
What applicants need to know
- Occupation and skills: your occupation must match the nominated position and be eligible for the relevant stream.
- Work experience: applicants are generally required to have relevant work experience, and the period required is set by the Department.
- Qualifications and licensing: some roles require a skills assessment, registration or licence.
- English and character: English requirements, health checks and police certificates may apply.
- Work conditions: visa holders are generally limited to working in the nominated occupation for the sponsor, and a change of employer can require a new nomination.
Visa length and permanent residence
The visa is temporary, and its maximum duration and the pathway to permanent residence depend on the stream and current rules. Some holders may be able to apply for permanent residence through an employer-sponsored visa, such as the Employer Nomination Scheme (subclass 186), after working for a required period. Rules for transitions change, so plan early and check the current requirements.
Common mistakes
- Choosing the wrong occupation code or stream.
- Describing the position inaccurately in the nomination.
- Failing to keep sponsorship records or to notify the Department of changes.
- Treating labour market testing or the salary requirements as a formality.
Because employer and visa holder responsibilities interact, both sides benefit from advice early. No firm can promise a visa outcome, as the Department assesses each application on its facts.
Planning ahead
Employers should build time into recruitment for the sponsorship, nomination and visa stages, as each stage has its own processing time. It also helps to check whether the business is already an approved sponsor and whether its sponsorship obligations are up to date. Applicants should keep evidence of their work history, qualifications and registrations organised, and should avoid starting work in the nominated role until they hold a visa permitting it. Both parties should keep copies of contracts, position descriptions and salary evidence, because the Department may request these long after the visa is granted.
Frequently Asked Questions
Can I change employers on a Skills in Demand visa?
A new employer generally needs to be an approved sponsor and lodge a nomination for you. Home Affairs may allow a period to find a new sponsor if you stop working for your original sponsor. Check the current rules and act quickly.
Can my family come with me?
Yes. Eligible family members can generally be included in the application or apply as members of the family unit, and they must meet health and character requirements.
Does the employer have to advertise the job?
Sometimes. Labour market testing is required for some nominations unless an exemption applies. The requirements depend on the stream and current legislation.
Who pays for the visa?
Generally the sponsor must meet its own sponsorship and nomination costs, and the law restricts an employer from recovering or transferring those costs to the worker. The applicant usually pays their own visa application charge and costs such as medicals. Employers should obtain advice before asking a worker to contribute to any cost.
This article is general information only and is not legal advice. Laws and processes change, and every situation is different. Speak to a lawyer about your circumstances before you act.
Have a question about this?
Book a consultation and speak directly with your lawyer — no call centres, no being passed around.
Book Consultation