Can I Sponsor a Worker on a 482 Visa?

Can I Sponsor a Worker on a 482 Visa?

Learn the key employer, role, salary, labour market testing and visa requirements before lodging.

Many Australian businesses are struggling to find suitable local workers. This is particularly common across sectors such as NDIS, aged care, disability support, allied health, hospitality, construction, childcare, logistics, regional businesses and recruitment.

A common question employers ask is:

“Can I sponsor a worker on a 482 visa?”

This is one of the most common questions Australian employers ask when they cannot find suitable local staff. Many businesses across NDIS, aged care, allied health, hospitality, construction, childcare, logistics and regional industries are looking at whether they can sponsor a worker on a 482 visa to fill genuine skilled roles.

The answer is: possibly. However, before a business can sponsor a worker on a 482 visa, the employer, the position and the overseas worker must all meet specific requirements.

The Subclass 482 visa is now known as the Skills in Demand visa. It allows an approved employer to sponsor a suitably skilled overseas worker where the business cannot find an appropriately skilled Australian worker for the role.

What Is the Subclass 482 Skills in Demand Visa?

The Subclass 482 Skills in Demand visa is a temporary employer-sponsored visa. It allows Australian businesses to nominate overseas workers for eligible skilled positions.

This visa may be suitable where your business has a genuine position for a skilled worker and the role aligns with an eligible occupation under the relevant stream. For the Core Skills stream, the worker generally must be nominated in an occupation on the Core Skills Occupation List, and salary requirements including Core Skills Income Threshold (CSIT) $76,515 per annum plus superannuation or Annual Market Salary Rate , whichever one is higher. The CSIT is due to increase to $79,499 effective from 1st July 2026.

If the business has no equilavent staff member, where the market rate is higher than the CSIT, this must be offered. For some occupations, additional caveat, additional requirements apply that must be satisfied at time of nomination lodgement.

Which Businesses Commonly Use the 482 Visa?

The 482 visa may be relevant for many industries experiencing staff shortages, including:

NDIS Providers and Disability Support Businesses

NDIS providers may consider sponsorship where they are unable to recruit suitable local staff for eligible roles. However, employers must carefully assess the position, duties, salary, award coverage, genuine need and whether the occupation is available for sponsorship.

Aged Care Providers

Aged care providers may need overseas workers for care, nursing, management or specialist roles. In some cases, standard sponsorship may not be enough and a labour agreement pathway may need to be considered.

Allied Health Clinics

Allied health businesses, including occupational therapy, physiotherapy, speech pathology, psychology, chiropractic and other health clinics, may use employer sponsorship where the role is eligible and the worker meets skills, registration and visa requirements.

Hospitality Businesses

Restaurants, cafés, hotels and hospitality groups often consider sponsorship for chefs, cooks, café or restaurant managers and other skilled roles. However, hospitality nominations must be carefully assessed because occupation duties, business structure, salary, caveats and genuine need can all be closely examined.

Construction Businesses

Construction employers may consider sponsorship for eligible trades, project roles and technical positions where local shortages exist. Evidence of genuine need, contracts, business activity and financial capacity may be important.

Childcare Providers

Childcare centres may consider sponsorship for eligible roles, particularly where there are shortages of suitably qualified staff. The role, qualifications, registration or licensing requirements and salary must be reviewed carefully.

Logistics and Transport Businesses

Logistics employers may consider sponsorship depending on the role, occupation classification, duties and eligibility. Not every operational role will be eligible, so the position must be properly assessed.

Regional Employers

Regional employers may have additional options, including standard 482 sponsorship, regional visa pathways or, in some cases, DAMA labour agreement options. DAMAs can provide access to additional occupations and concessions in designated regional areas.

Recruiters

Recruiters are often the first to identify workforce shortages. If you work with employers who are unable to fill roles locally, it may be worth exploring whether the business can sponsor overseas workers or whether another migration pathway is more suitable.

What Are the Main Steps to Sponsor a Worker on a 482 Visa?

Generally, the process involves three stages:

1. Sponsorship

The business must either become an approved sponsor or already hold sponsorship approval.

This step considers whether the business is lawfully operating and able to meet sponsorship obligations.

2. Nomination

The employer must nominate a specific position.

This stage is often the most important. The Department may assess whether:

• the role is genuine;
• the occupation is eligible;
• the duties align with the nominated occupation;
• the salary meets the required threshold and market salary requirements;
• labour market testing has been completed, unless an exemption applies;
• the business has capacity to employ the worker; and
• the role fits within the business operations.

Labour market testing generally requires evidence of advertisements to show that the business attempted to recruit locally before nominating an overseas worker.

3. Visa Application

The worker must apply for the visa and show that they meet the visa criteria, including skills, qualifications, English, health and character requirements.

The Department notes that skilled workers may be asked to provide evidence of their qualifications, skills and/or work experience.

What Does the Employer Need to Prove?

Before sponsoring a worker, an employer should consider:

1. Is the Business Eligible?

The business must be operating lawfully and be able to meet sponsor obligations.

This may include having appropriate business records, financial documents, organisational structure, employment contracts and evidence of ongoing operations.

2. Is the Position Genuine?

The role must be a genuine position in the business.

This means the employer should be able to explain:

• why the role is needed;
• how the role fits into the business;
• what duties the worker will perform;
• why the business cannot fill the role locally;
• how the role supports current operations.

3. Is the Occupation Eligible?

The nominated occupation must align with the duties of the role.

This is not just about choosing a job title. The actual tasks, responsibilities, qualifications and skill level must match the occupation selected.

The Department confirms that the skilled occupation list includes relevant ANZSCO information and caveats, and that Skills in Demand visa programs use ANZSCO 2022.

4. Does the Salary Meet the Requirements?

The salary must meet the relevant salary threshold and the Annual Market Salary Rate.

This means employers should not only look at the visa salary threshold. They must also consider whether the salary is consistent with what an equivalent Australian worker would receive for the same role in the same location.

The Department has specific guidance on salary requirements for nominating a worker.

5. Has Labour Market Testing Been Completed?

In many cases, the business must advertise the role and provide evidence of labour market testing for 28 days consecutively within last 4 months.

This must be done correctly. Errors with job ads, dates, salary, duties or evidence can create issues for the nomination.

6. Does the Worker Meet the Visa Requirements?

The worker must also be suitable for the role. This may include:

• relevant qualifications;
• relevant work experience;
• English language ability;
• registration or licensing, where required;
• health and character checks;
• evidence that they can perform the nominated occupation.

Common Mistakes Employers Make

Employers often run into problems when they:

• assume any role can be sponsored;
• choose the wrong occupation;
• use a job title that does not match the actual duties;
• advertise incorrectly;
• offer a salary below the required market rate;
• fail to check award or enterprise agreement obligations;
• do not prepare enough evidence of genuine need;
• lodge without considering caveats;
• rely on generic templates;
• assume sponsorship is only an immigration process and not also an employment compliance issue.

A 482 nomination is not just a form. It requires a careful review of the business, role, salary, employment terms and visa pathway.

Can Small Businesses Sponsor a Worker?

Yes, small businesses may be able to sponsor a worker, but they need to provide strong evidence.

A small business may need to show:

• active trading history;
• financial capacity;
• genuine need for the role;
• ability to pay the proposed salary;
• compliance with employment laws;
• proper employment contract and position description;
• why the overseas worker is needed.

For small businesses, preparation is critical.

What If the Role Is Not on the Standard Occupation List?

If the role is not available under the standard 482 pathway, the business may need to consider other options, such as:

• a labour agreement;
• a Designated Area Migration Agreement;
• an industry labour agreement;
• a different visa pathway;

Labour agreements assist where there is a demonstrated need that cannot be met in the Australian labour market and where standard visa programs are not available.

Why Legal Advice Matters Before Sponsoring a Worker

Employer sponsorship involves both migration law and employment law considerations.

Before lodging, employers should consider:

• whether the role is eligible;
• whether the contract is compliant;
• whether the salary is correct;
• whether the business can meet sponsor obligations;
• whether the worker has a pathway beyond the temporary visa;
• whether there are risks of refusal;
• whether a labour agreement or regional pathway is more suitable.

Getting advice early can help avoid costly mistakes.

Need Help to Sponsor a Worker on a 482 Visa?

At Tolic Lawyers, we assist employers across Australia with 482 visa sponsorship, employer-sponsored visa strategy, nominations, labour agreements, sponsor compliance and employment law issues connected to sponsorship.

Before you sponsor a worker on a 482 visa, it is important to check whether the business, role, salary, labour market testing, contract and worker’s background meet the relevant requirements.

If your business is considering sponsoring overseas staff, book a consultation with Tolic Lawyers to discuss whether your business can sponsor a worker on a 482 visa.

Disclaimer: This article is for general information purposes only and does not constitute legal advice. Migration law, policy and Departmental requirements change regularly. You should obtain tailored legal advice before making decisions about your visa options or lodging an application.