Australian work visas fall broadly into three groups: employer-sponsored, skilled migration and other temporary work visas. For people who want to work in Australia long term and eventually become permanent residents, the most common pathway is sponsorship by an Australian employer for a Skills in Demand visa (subclass 482), followed by a move to the 186 Employer Nomination Scheme permanent visa. If you work in a regional area, the 494 Skilled Employer Sponsored Regional visa is another option. Note that the 457 visa, mentioned in many older sources, was abolished in 2018, the 187 Regional Sponsored Migration Scheme visa closed to new applications in 2019, and the Temporary Skill Shortage stream of the 482 visa was replaced by the Skills in Demand visa on 7 December 2024.
Legal framework
All Australian visas are granted under the Migration Act 1958 (Cth) and the Immigration Regulations 1994 (Cth). Detailed criteria such as occupation lists, salary thresholds and English requirements are set by legislative instruments and change often. Employers must also meet the minimum employment conditions in the Fair Work Act 2009 (Cth) and the relevant modern awards.
Main work visas
Skills in Demand visa (subclass 482)
This is a temporary visa of up to four years, with three streams:
- Specialist Skills stream: For specialist roles paid above a higher salary threshold. It covers a broad range of occupations, but excludes trades workers, machinery operators, drivers and labourers.
- Core Skills stream: For occupations on the Core Skills Occupation List. The salary must meet the Core Skills Income Threshold and the market rate.
- Labour Agreement stream: For employers that have a labour agreement with the Australian Government.
Applicants generally need at least one year of relevant work experience and must meet English, skills, health and character requirements.
Skilled Employer Sponsored Regional visa (subclass 494)
This is a temporary visa that requires you to work for your sponsoring employer in a designated regional area. Once eligible, holders can apply for the subclass 191 regional permanent visa.
Employer Nomination Scheme visa (subclass 186)
This is a permanent visa available through three streams: Temporary Residence Transition, Direct Entry and Labour Agreement. 482 visa holders who have worked for the required period can be nominated by their employer for permanent residence.
Other work visas
- Skilled migration visas (189, 190, 491), which don't need employer sponsorship. Invitations are issued under a points test.
- Temporary Graduate visa (subclass 485), for international students who have completed their studies in Australia.
- Work and Holiday visa (subclass 462). Chinese passport holders must first enter a ballot.
- Short-term visas such as the Temporary Work (Short Stay Specialist) visa (subclass 400) and the Training visa (subclass 407).
How employer sponsorship works
- The employer applies to become a Standard Business Sponsor.
- The employer nominates the specific position. Labour market testing is usually required to show the employer has advertised the role in Australia.
- The employee lodges a visa application with evidence of qualifications, work history, English and skills.
- Once the visa is granted, the employer must keep meeting its sponsorship obligations, including paying the agreed salary and conditions, keeping records and notifying the Department of Home Affairs in certain circumstances.
Common misconceptions
- The position description doesn't match the actual duties, or the wrong occupation code is chosen.
- The salary is below the threshold or the market rate.
- After leaving their job, the employee doesn't find a new sponsor or apply for another visa within the required time.
- The employee pays the employer for sponsorship. These arrangements breach migration law, and both employer and employee can face serious consequences.
- Not planning a pathway to permanent residence early, and missing the chance to qualify while on a temporary visa.
Documents you’ll need
- Employer: company registration documents, financial statements, staff list, job advertisements and employment contracts.
- Employee: passport, qualifications, employment references, payslips, English test results and skills assessment (if required).
- Health examination results and police certificates.
How we help
We help employers with sponsorship applications, nominations and labour agreements, prepare visa applications for employees, and advise on pathways from temporary visas to permanent residence. If a visa is refused, we can represent you in a review at the Administrative Review Tribunal (which replaced the AAT on 14 October 2024). Two of our lawyers are Accredited Specialists in Immigration Law, accredited by the Law Institute of Victoria. We work in Mandarin, Cantonese and English.
Frequently asked questions
What are the main work visas in Australia?
Australian work visas fall broadly into three groups: employer-sponsored, skilled migration and other temporary work visas. Employer-sponsored visas include the Skills in Demand visa (subclass 482), the Skilled Employer Sponsored Regional visa (subclass 494) and the Employer Nomination Scheme visa (subclass 186). Skilled migration visas include subclasses 189, 190 and 491. Others include the Temporary Graduate visa (subclass 485), Work and Holiday visas and short-stay work visas.
What are the streams of the 482 Skills in Demand visa?
On 7 December 2024, the 482 visa became the Skills in Demand visa, with three streams: the Specialist Skills stream, for specialist roles paid above a higher salary threshold; the Core Skills stream, for occupations on the Core Skills Occupation List, where the salary must meet the Core Skills Income Threshold and the market rate; and the Labour Agreement stream. Applicants generally need at least one year of relevant work experience.
Can I still apply for a 457 or 187 visa?
No. The 457 visa was abolished in 2018, and the 187 Regional Sponsored Migration Scheme visa closed to new applications in 2019. The main employer-sponsored options now are the 482 Skills in Demand visa, the 494 Skilled Employer Sponsored Regional visa and the 186 Employer Nomination Scheme visa. Take care when relying on older information.
What happens if a 482 visa holder leaves their job?
After leaving their job, the visa holder must find a new sponsoring employer, apply for another visa or arrange to leave Australia within the required time, or they may breach their visa conditions. The employer must also notify the Department of Home Affairs in certain circumstances. Because the time limit is short, visa holders should get advice before leaving their job or as soon as possible afterwards.
Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.
This article is part of the guide: Australian immigration solicitor - See all related guides
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