We support Australian businesses and skilled workers in navigating employer-sponsored pathways with a strong focus on compliance, strategic positioning, and long-term migration outcomes. Employer-sponsored visas allow Australian businesses to address skill shortages by sponsoring suitably qualified overseas workers, while providing visa holders with a pathway to live and work in Australia.

The main Australian employer-sponsored and employer-nominated visa pathways, including Subclass 482 – Skills in Demand Visa, Subclass 494 – Skilled Employer Sponsored Regional (Provisional) Visa, Subclass 186 – Employer Nomination Scheme Visa, and Subclass 407 – Training Visa, are discussed below.

Subclass 482 – Skills in Demand Visa

The Skills in Demand visa (subclass 482) is a temporary employer-sponsored visa that allows Australian businesses to sponsor suitably skilled overseas workers where they cannot source an appropriately skilled Australian worker.

The Skills in Demand visa replaced the former Temporary Skill Shortage (TSS) visa on 7 December 2024.

The visa can generally be granted for up to 4 years, depending on the stream and circumstances. Hong Kong passport holders may be eligible for a longer stay in certain circumstances.

Unlike points-tested visas such as Subclass 189, 190 or 491, the Subclass 482 visa does not require a points test or SkillSelect invitation. Instead, the applicant needs an eligible employer to sponsor and nominate them for an appropriate skilled position.

Subclass 482 Streams

The Skills in Demand visa currently has three principal streams:

• Core Skills stream
• Specialist Skills stream
• Labour Agreement stream

The appropriate stream depends on the occupation, salary, employer arrangements and the applicant’s circumstances.

1. Core Skills Stream

The Core Skills stream is the main pathway for many skilled occupations.

The applicant must generally be nominated by an approved sponsor for an occupation that is eligible under the Core Skills Occupation List (CSOL).

The nominated position must also meet applicable salary requirements.

Core Skills Income Threshold :

For nomination applications lodged from 1 July 2026 to 30 June 2027, the Core Skills Income Threshold (CSIT) is AUD 79,423.

However, simply paying AUD 79,423 does not automatically satisfy the salary requirement.

The proposed salary must also satisfy the applicable Annual Market Salary Rate, meaning the sponsored overseas worker should generally receive remuneration that is consistent with what an equivalent Australian worker would receive for the same position.

2. Specialist Skills Stream

The Specialist Skills stream is intended for highly skilled workers in eligible occupations who meet a substantially higher salary threshold.

For nomination applications lodged between 1 July 2026 and 30 June 2027, the Specialist Skills Income Threshold (SSIT) is AUD 146,576.

The Specialist Skills stream may provide an important pathway for highly paid professionals whose occupations and salary satisfy the relevant criteria.

Not every occupation is available under this stream, even where the salary exceeds the threshold, so occupation eligibility must be separately checked.

3. Labour Agreement Stream

The Labour Agreement stream is available where an employer has entered into an approved labour agreement with the Australian Government.

Labour agreements may be used where standard skilled migration programs do not fully address an industry’s or employer’s workforce requirements.

Depending on the agreement, concessions may potentially apply to matters such as:

• Occupations
• English requirements
• Salary requirements
• Work experience
• Age requirements for certain permanent residence pathways

The exact concessions depend on the terms of the particular labour agreement.

The Labour Agreement stream can generally provide a visa for up to 4 years, subject to the agreement and visa requirements.

Employer Sponsorship Requirement

An applicant cannot generally obtain a Subclass 482 visa independently.

There must be an eligible Australian employer willing to sponsor the worker.

For standard sponsorship arrangements, the employer will generally need to be an approved Standard Business Sponsor or become one.

The employer must be:

• Actively and lawfully operating
• Able to offer a genuine skilled position
• Able to meet sponsorship obligations
• Able to pay the required salary
• Compliant with Australian workplace laws
• Able to meet applicable nomination requirements

The employer’s eligibility is assessed separately from the worker’s visa eligibility.

The Three Main Stages

A typical Subclass 482 process involves:

Stage 1 – Sponsorship

The business becomes an approved sponsor if it is not already approved.

Stage 2 – Nomination

The employer nominates the skilled position and overseas worker.

Stage 3 – Visa Application

The worker applies for the Subclass 482 visa and demonstrates that they satisfy the applicable requirements.

These applications can sometimes be lodged around the same time, but approval at one stage does not necessarily guarantee approval at another stage.

Genuine Position Requirement

The nominated position must be genuine.

The Department may assess matters such as:

• The nature of the business
• Business turnover
• Number of employees
• Organisational structure
• Whether the business genuinely needs the position
• Whether the duties correspond with the nominated occupation
• Whether the salary is commercially realistic
• Whether the position is full-time and ongoing for the proposed period
• Whether the applicant is suitably qualified for the role

Employers should therefore be able to clearly demonstrate why the position genuinely exists within their business.

Labour Market Testing

For many Subclass 482 nominations, the employer must undertake Labour Market Testing (LMT).

This generally involves advertising the position to demonstrate that the employer has attempted to recruit a suitably qualified Australian worker before sponsoring an overseas worker.

Current Department guidance requires two valid advertisements for relevant Skills in Demand nominations, subject to applicable exemptions and requirements.

Labour Market Testing is highly technical. Problems with advertisement dates, duration, content, salary information or advertising platforms can affect the nomination.

Work Experience Requirement

Applicants generally need at least 12 months of relevant work experience in the nominated occupation or a related field.

Relevant work experience can include qualifying full-time, part-time or casual employment, with equivalent periods considered where appropriate.

For the standard Skills in Demand pathways, relevant experience should generally have been gained within the 5 years before the visa application.

For Labour Agreement applications, different requirements may apply depending on the agreement.

Does the Applicant Need a Skills Assessment?

Not every Subclass 482 applicant requires a formal skills assessment.

However, a skills assessment may be mandatory for certain occupations, passport holders or circumstances.

Even where a formal assessment is not mandatory, the applicant must still demonstrate that they have the qualifications, employment experience, skills and knowledge necessary to perform the nominated occupation.

Applicants should therefore not assume that having an employer willing to sponsor them automatically establishes visa eligibility.

Qualifications and Skills

The applicant must have the necessary skills to perform the nominated role.

Evidence may include:

• Educational qualifications
• Trade certificates
• Professional qualifications
• Employment references
• Payslips
• Tax records
• Bank statements
• Employment contracts
• Registration or licensing
• Professional membership
• Detailed evidence of previous duties

Employment evidence should be accurate and consistent with the occupation being nominated.

Licensing and Registration

Some occupations require mandatory Australian registration or licensing.

Examples may include certain:

• Healthcare occupations
• Trades
• Electrical occupations
• Teaching positions
• Professional occupations

Where registration or licensing is legally required to perform the occupation, the applicant must satisfy the applicable requirements.

English Language Requirement

Subclass 482 applicants in the Core Skills and Specialist Skills streams generally need to satisfy the applicable English-language requirement, unless an exemption applies.

The Department specifies approved tests and minimum required results.

Applicants should ensure that:

• The English test is accepted for Subclass 482 purposes
• The test result remains valid
• The required minimum score is achieved
• An exemption is properly available before relying on it

Online English tests are not accepted merely because they are offered by an approved testing organisation.

Different English requirements may apply under a Labour Agreement.

Is There an Age Limit?

A major advantage of the Subclass 482 visa is that there is generally no standard maximum age limit for the visa itself.

This can make the 482 pathway attractive for skilled workers who are no longer eligible for points-tested skilled visas because of age.

However, age can become important later if the worker seeks permanent residence through another visa, such as the Employer Nomination Scheme Subclass 186, unless an exemption applies.

Health Requirements

Applicants and relevant family members must satisfy applicable Australian health requirements.

Health examinations may be required depending on:

• Country of residence
• Intended occupation
• Length of stay
• Medical history
• Other individual circumstances

Character Requirements

Applicants must satisfy applicable character requirements.

This may involve:

• Police clearances
• Criminal convictions
• Pending charges
• Previous visa refusals or cancellations
• Immigration compliance history
• False or misleading information
• Other adverse information

Full and accurate disclosure is important.

Including Family Members

Eligible members of the family unit can generally be included in a Subclass 482 visa application.

This may include:

• Spouse
• De facto partner
• Dependent children
• Stepchildren in appropriate circumstances

Eligible family members may also apply later as subsequent entrants where the requirements are met.

Family members must satisfy the applicable health and character requirements.

Can the Partner Work?

In many cases, the spouse or partner of a primary Subclass 482 visa holder can work in Australia, subject to the conditions attached to their visa.

Specific work rights should always be confirmed through the visa grant notice and VEVO.

How Long Can You Stay?

A Subclass 482 Skills in Demand visa can generally be granted for up to 4 years.

The precise visa period will depend on matters including:

• Nomination period
• Stream
• Employment arrangements
• Passport
• Labour Agreement terms where applicable

Must You Work for Your Sponsoring Employer?

Subclass 482 is an employer-sponsored visa.

The primary visa holder is generally expected to work:

• For the sponsoring employer or an associated entity where permitted; and
• In the nominated occupation.

There are limited exceptions for particular occupations and circumstances.

Visa holders should obtain advice before significantly changing their employment arrangements.

What Happens if You Lose Your Job?

Losing sponsored employment does not necessarily mean the visa is immediately cancelled.

Current arrangements generally allow an eligible sponsored worker up to 180 consecutive days at a time after ceasing employment to find another approved sponsor, obtain another visa or leave Australia.

The total period spent not working for the sponsor must generally not exceed 365 days across the entire visa grant period.

This provides greater mobility than existed under some previous employer-sponsored visa settings.

However, a worker should act promptly if sponsored employment ends.

Can You Change Employers?

Yes, potentially.

A Subclass 482 holder may move to another employer, but the new employer generally needs to become an appropriate sponsor and lodge a new nomination before the worker can continue sponsored employment under the new arrangement.

Changing employer does not mean that the existing 482 visa automatically transfers to the new business.

Immigration requirements must be addressed properly.

Can You Change Occupation?

Changing occupation is more complicated than simply changing employer.

If the worker proposes to perform a materially different occupation, a new nomination and possibly a new visa application may be required depending on the circumstances.

Professional advice should be obtained before changing the nominated occupation.

Pathway to Permanent Residency

The Subclass 482 visa can provide an important pathway to Australian permanent residence.

One of the main pathways is the:

Subclass 186 – Employer Nomination Scheme

Temporary Residence Transition Stream

Eligible Subclass 482 holders may potentially transition to permanent residence through the Subclass 186 Temporary Residence Transition (TRT) stream.

Current Department guidance states that applicants generally need to have worked in eligible sponsored employment for at least 2 years full-time while holding an eligible Subclass 457 or 482 visa, together with an approved employer nomination and other visa requirements.

This makes the Skills in Demand visa an important temporary-to-permanent migration pathway.

However, permanent residence is not automatic.

The worker and employer must satisfy the applicable Subclass 186 requirements at the time of application.

Subclass 482 vs Subclass 186

Subclass 482 Skills in Demand

• Temporary visa
• Employer sponsorship required
• Generally up to 4 years
• No points test
• No SkillSelect EOI
• No standard maximum age for the 482 itself
• Work experience required
• English requirement applies
• May provide a pathway to PR

Subclass 186 Employer Nomination Scheme

• Permanent residence
• Employer nomination required
• Age requirements generally apply unless exempt
• Different streams and eligibility requirements
• Can provide permanent residency immediately upon grant

Common Mistakes in Subclass 482 Applications

Common problems include:

• Choosing the wrong occupation
• Duties not matching the nominated occupation
• Assuming a job title alone determines occupation eligibility
• Employer not meeting sponsorship requirements
• Poorly prepared Labour Market Testing
• Advertising for an insufficient period
• Incorrect advertisement content
• Salary below the relevant income threshold
• Salary not meeting the Annual Market Salary Rate
• Offering an artificially inflated salary simply to meet visa requirements
• Insufficient evidence that the position is genuine
• Business financials not supporting the proposed position
• Applicant lacking sufficient relevant work experience
• Weak or inconsistent employment references
• Incorrect claims about previous employment
• Missing skills assessment where one is required
• Not meeting English requirements
• Failing to obtain necessary professional registration or licensing
• Providing inconsistent information across sponsorship, nomination and visa applications
• Failing to disclose adverse immigration or character history
• Assuming employer sponsorship automatically guarantees visa approval
• Changing employer without dealing with immigration requirements
• Assuming a 482 visa automatically becomes permanent residency

Typical Subclass 482 Process

Step 1: Assess the employer’s sponsorship eligibility
Step 2: Identify the correct occupation
Step 3: Assess the worker’s qualifications and experience
Step 4: Determine the appropriate 482 stream
Step 5: Conduct Labour Market Testing where required
Step 6: Determine the Annual Market Salary Rate and applicable income threshold
Step 7: Lodge or obtain Standard Business Sponsorship if required
Step 8: Lodge the nomination application
Step 9: Prepare and lodge the Subclass 482 visa application
Step 10: Complete health, character and skills requirements
Step 11: Respond to any Departmental requests
Step 12: If granted, commence or continue sponsored employment
Step 13: Maintain compliance with visa and sponsorship conditions
Step 14: Consider the Subclass 186 permanent residence pathway when eligible

Employer Obligations

Employers sponsoring Subclass 482 workers also have important ongoing obligations.

These may include:

• Paying the nominated salary
• Providing appropriate employment conditions
• Ensuring compliance with Australian workplace laws
• Keeping required records
• Providing information to the Department when required
• Not recovering prohibited sponsorship-related costs from the worker
• Not engaging in discriminatory recruitment practices
• Notifying the Department of certain changes
• Ensuring the sponsored worker is employed in accordance with the approved nomination

Employers should understand their sponsorship obligations before sponsoring an overseas worker.

Processing Priorities

From 25 July 2026, Ministerial Direction 119 applies to skilled visa processing priorities, including the Skills in Demand Subclass 482 program.

Processing priority can depend on matters including occupation and applicant location, so applicants should not assume that all 482 applications will be processed in the same order or timeframe.

How Melton Migration Can Assist

At Melton Migration, we can assist both employers and skilled workers with:

• Initial Subclass 482 eligibility assessment
• Employer sponsorship assessment
• Standard Business Sponsorship applications
• Occupation assessment
• Core Skills Occupation List assessment
• Core Skills and Specialist Skills stream assessment
• Labour Agreement pathway assessment
• Genuine position assessment
• Labour Market Testing guidance
• Annual Market Salary Rate assessment
• Salary threshold assessment
• Skills and work experience assessment
• Skills assessment guidance
• English requirement assessment
• Sponsorship applications
• Nomination applications
• Subclass 482 visa applications
• Family member applications
• Subsequent entrant applications
• Changing employer matters
• Sponsor compliance matters
• Departmental requests for further information
• Character and immigration history concerns
• Subclass 186 permanent residence pathway assessment
• Ongoing case management

The Subclass 482 Skills in Demand visa can be a valuable pathway for employers experiencing genuine skills shortages and for skilled workers seeking employment and longer-term migration opportunities in Australia.

However, a successful application requires careful assessment of three separate components: the employer, the nominated position and the visa applicant.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Employer sponsorship requirements, occupation lists, salary thresholds, English requirements, visa charges, Labour Market Testing rules and permanent residence pathways can change. Salary thresholds are indexed periodically. Eligibility depends on the circumstances applying at the relevant time. Applicants and employers should obtain advice based on their individual circumstances before proceeding with sponsorship, nomination or a visa application.

Subclass 186 – Employer Nomination Scheme (Permanent Residency)

The Employer Nomination Scheme visa (subclass 186) is a permanent residence visa for skilled workers who are nominated by an eligible Australian employer.

Unlike the Subclass 482 Skills in Demand visa, the Subclass 186 provides Australian permanent residency from the date of grant.

It allows eligible skilled workers to live and work in Australia permanently and can be available to both workers already in Australia and applicants applying from overseas, depending on the stream and individual circumstances.

Main Subclass 186 Streams

There are three main streams:

• Temporary Residence Transition (TRT) stream
• Direct Entry stream
• Labour Agreement stream

The appropriate pathway depends on the applicant’s visa history, employment history, occupation, skills and the employer’s circumstances.

1. Temporary Residence Transition Stream

The Temporary Residence Transition stream is an important permanent residence pathway for eligible workers who have been employed in Australia while holding an eligible employer-sponsored visa.

It is commonly used by holders of the Subclass 482 Skills in Demand visa and certain former Subclass 457/TSS visa holders.

The applicant must be nominated by their employer and satisfy the applicable employment, age, English, health and character requirements.

Work Requirement for TRT

Under the current arrangements, eligible applicants generally need to have completed at least 2 years of qualifying sponsored full-time employment while holding an eligible Subclass 457 or 482 visa before applying through the TRT pathway.

The employment must satisfy the relevant legislative requirements and must be properly evidenced.

Applicants should not assume that simply holding a 482 visa for two years automatically establishes eligibility.

Relevant issues can include:

• Periods actually worked
• Changes of employer
• Unpaid leave
• Part-time employment
• Changes in occupation
• Visa history
• Sponsorship history
• Whether the employment was qualifying sponsored employment

Skills Assessment for TRT

A formal skills assessment is generally not required at the time of application for the Temporary Residence Transition stream.

However, the Department can still request a skills assessment if considered necessary before deciding the application.

This is an important difference from the Direct Entry stream.

2. Direct Entry Stream

The Direct Entry stream may be suitable for skilled workers who do not need to transition through the 482 pathway.

It can be particularly relevant to experienced skilled workers applying directly for permanent residence with employer nomination.

Applicants generally need:

• An eligible employer nomination
• An eligible occupation
• A suitable skills assessment
• Relevant skilled employment experience
• Competent English
• To satisfy the applicable age requirement
• Health and character clearance

Three Years of Skilled Employment

Direct Entry applicants generally need to demonstrate at least 3 years of relevant full-time skilled employment at the required skill level for the nominated occupation.

The employment evidence must be credible and properly documented.

Evidence may include:

• Employer reference letters
• Employment contracts
• Payslips
• Tax records
• Bank statements
• Superannuation records
• Position descriptions
• Organisational charts
• Other supporting employment evidence

Simply producing a reference letter may not always be sufficient where the Department has concerns about the claimed employment.

Skills Assessment – Direct Entry

A suitable skills assessment is generally required for the Direct Entry stream.

The assessment must be from the relevant assessing authority for the nominated occupation and satisfy the applicable validity requirements.

Home Affairs states that a skills assessment without an expiry date is generally valid for 3 years, while an assessment with an expiry date must still be valid when relevant.

A skills assessment obtained solely for a Subclass 485 Temporary Graduate visa is not necessarily suitable for a Subclass 186 Direct Entry application.

3. Labour Agreement Stream

The Labour Agreement stream may be available where the employer has an appropriate labour agreement with the Australian Government.

This stream can be relevant where the standard Subclass 186 requirements do not fully address the needs of a particular industry, occupation, region or employer.

Depending on the labour agreement, concessions may be available in relation to matters such as:

• Age
• English
• Work experience
• Occupations
• Salary
• Skills requirements

The exact requirements depend on the particular labour agreement.

There is no assumption that concessions apply simply because an employer has a labour agreement.

Employer Nomination Requirement

The Subclass 186 visa requires an eligible Australian employer to nominate the applicant.

The employer must generally demonstrate that:

• The business is actively and lawfully operating
• The nominated position is genuine
• The position is available for the required period
• The nominated occupation satisfies the applicable requirements
• The employee will receive appropriate salary and employment conditions
• The business has capacity to employ the worker
• Applicable nomination requirements are satisfied

The nomination and visa application are separate components.

Employer nomination approval does not automatically guarantee visa grant.

Genuine Position

The nominated position must be genuine.

The Department may consider factors including:

• Nature of the business
• Business activities
• Turnover
• Staffing levels
• Organisational structure
• Number of existing employees
• Whether the occupation fits naturally within the business
• Whether there is a genuine ongoing need for the role
• The applicant’s proposed duties
• Salary
• Business financial capacity
• Previous sponsorship activity

For smaller businesses in particular, a well-documented genuine position submission can be important.

Position Generally Needs to Be Ongoing

Subclass 186 is intended to fill a genuine permanent skilled position.

The employer generally needs to intend to employ the applicant in the nominated position on a full-time basis for the period required under the nomination criteria.

Applicants and employers should ensure that employment contracts, nomination information and business evidence are consistent.

Salary Requirements

Subclass 186 nominations are subject to applicable salary requirements.

For nominations lodged between 1 July 2026 and 30 June 2027, employers must consider the applicable skilled visa income threshold together with the Annual Market Salary Rate requirements.

Meeting a minimum threshold alone is not enough if the market salary for an equivalent Australian worker would be higher.

The nominated worker should generally receive terms and conditions that are no less favourable than those provided to an equivalent Australian worker, subject to the applicable legislative framework.

Annual Market Salary Rate

The Annual Market Salary Rate is an important part of employer-sponsored migration.

The employer may need to demonstrate what an Australian worker performing equivalent work would reasonably be paid.

Evidence may include:

• Salary of an equivalent Australian employee
• Enterprise agreements
• Modern awards
• Industry salary surveys
• Recruitment advertisements
• Comparable market evidence

Salary arrangements should be commercially realistic and consistent with the position.

An artificially inflated salary designed solely to satisfy migration requirements may create concerns.

Age Requirement

For the standard Subclass 186 pathways, applicants generally need to be under 45 years of age at the relevant time, unless an exemption applies.

Age exemptions may potentially apply to certain categories of applicants.

These can include particular:

• High-income workers
• Academic applicants
• Medical practitioners
• Scientific or technical specialists
• Labour Agreement applicants
• Long-term sponsored workers in specified circumstances

Whether an exemption applies depends on the exact legislative requirements.

Applicants aged 45 or above should therefore obtain an individual assessment rather than assuming that Subclass 186 is unavailable.

English Language Requirement

Applicants generally need to demonstrate the required level of English unless an exemption or concession applies.

For many Subclass 186 applicants, Competent English is required.

English evidence may be established through an accepted English-language test or other permitted evidence depending on the applicant’s circumstances.

Labour Agreements may provide different English requirements.

Occupation Requirement

The nominated occupation must satisfy the requirements of the relevant Subclass 186 stream.

This is particularly important for Direct Entry applications.

Applicants should not assume that every occupation available under Subclass 482 will automatically qualify for a Subclass 186 Direct Entry application.

Occupation eligibility must be checked under the requirements applying at the time of nomination and visa application.

Qualifications and Experience

The applicant must demonstrate that they have the skills, qualifications and experience necessary to perform the nominated occupation.

Depending on the stream, evidence may include:

• Skills assessment
• Academic qualifications
• Trade qualifications
• Professional registration
• Licensing
• Employment references
• Payslips
• Tax records
• Superannuation records
• Contracts
• Professional memberships

The employment history provided should be consistent across previous visa applications, skills assessments and the Subclass 186 application.

Registration and Licensing

Certain occupations require Australian registration or licensing.

Examples may include occupations in:

• Healthcare
• Teaching
• Electrical trades
• Construction trades
• Other regulated professions

Where registration or licensing is legally required, the applicant must satisfy the applicable requirements.

Health Requirements

The primary applicant and relevant family members must satisfy Australia’s applicable health requirements.

Health examinations may be required as part of the visa process.

In some circumstances, non-migrating family members may also need to satisfy particular health requirements.

Character Requirements

Applicants must satisfy the applicable character requirements.

Character issues may include:

• Criminal convictions
• Pending charges
• Police history
• Overseas criminal records
• Previous visa cancellations
• Immigration compliance issues
• False or misleading information
• Other adverse information

Complete and accurate disclosure is important.

Character concerns should be addressed carefully rather than assuming that an employer nomination will overcome them.

Including Family Members

Eligible members of the applicant’s family unit can generally be included in the Subclass 186 visa application.

This may include:

• Spouse
• De facto partner
• Dependent children
• Stepchildren in appropriate circumstances

Family members must satisfy the applicable visa requirements, including health and character requirements where relevant.

What Can You Do After a Subclass 186 Visa Is Granted?

Subclass 186 is a permanent residence visa.

Once granted, the visa holder can generally:

• Live in Australia permanently
• Work in Australia
• Study in Australia
• Enrol in Medicare
• Sponsor eligible relatives for certain visas
• Travel to and from Australia during the visa’s travel facility
• Apply for Australian citizenship once eligible

Is Subclass 186 Permanent Residency?

Yes.

Unlike Subclass 482, there is no later conversion required to obtain permanent residence.

Permanent residence begins when the Subclass 186 visa is granted.

Must You Continue Working for the Employer?

Subclass 186 is granted on the basis of a genuine employer nomination and an intention for the applicant to work in the nominated position.

Applicants and employers should enter the arrangement genuinely.

A visa holder is not simply placed under the same continuing temporary sponsorship framework that applies to a Subclass 482 worker after permanent residence is granted.

However, circumstances surrounding employment shortly after grant can become relevant where there are questions about whether the nomination and employment intentions were genuine when the applications were made.

Both employer and employee should therefore ensure that the employment arrangement is genuine.

Travel Facility

Subclass 186 permanent residents generally receive a 5-year travel facility.

Permanent residency itself does not simply expire after five years while the person remains in Australia.

However, once the travel facility expires, the person generally needs an appropriate Resident Return visa to leave and re-enter Australia as a permanent resident unless they have become an Australian citizen or otherwise hold an appropriate travel authority.

Pathway to Australian Citizenship

Subclass 186 visa holders may eventually become eligible for Australian citizenship.

Citizenship has separate requirements, including residence and character requirements.

Grant of permanent residency does not automatically result in citizenship.

Subclass 482 to Subclass 186 Pathway

A common employer-sponsored migration pathway is:

Subclass 482 Skills in Demand visa → qualifying sponsored employment → employer nomination → Subclass 186 TRT → Permanent Residency

Under the current TRT arrangements, eligible workers may potentially qualify after completing the required period of sponsored employment.

However, the applicant still needs to satisfy all applicable Subclass 186 requirements.

A 482 visa does not automatically convert into a 186 visa.

Subclass 186 Direct Entry Pathway

An experienced skilled worker may potentially obtain permanent residency without first holding a Subclass 482 visa through:

Skills Assessment → Employer Nomination → Subclass 186 Direct Entry → Permanent Residency

This pathway can be attractive for experienced skilled workers who already satisfy the Direct Entry requirements.

However, the mandatory skills assessment and relevant skilled employment requirements can make Direct Entry more demanding than the TRT pathway.

Subclass 482 vs Subclass 186

Subclass 482 Skills in Demand

• Temporary visa
• Employer sponsorship required
• Generally up to 4 years
• No points test
• Generally no standard maximum age for the visa itself
• May provide pathway to permanent residence
• Worker remains subject to temporary sponsored visa conditions

Subclass 186 Employer Nomination Scheme

• Permanent residence
• Employer nomination required
• No points test
• Age requirement generally applies unless exempt
• English requirement applies
• Different requirements for TRT, Direct Entry and Labour Agreement
• Medicare access as a permanent resident
• Potential pathway to Australian citizenship

Common Mistakes in Subclass 186 Applications

Common problems include:

• Choosing the wrong Subclass 186 stream
• Assuming two years on a 482 automatically guarantees TRT eligibility
• Incorrectly calculating qualifying sponsored employment
• Failing to account for changes of employer
• Failing to assess unpaid leave or employment gaps
• Applying before completing the required employment period
• Nominating an occupation that does not satisfy the relevant stream requirements
• Using an unsuitable or expired skills assessment
• Using a Subclass 485 skills assessment for a Direct Entry application where it is not acceptable
• Failing to demonstrate the required skilled employment experience
• Weak employment references
• Inconsistent employment dates
• Employer unable to establish a genuine ongoing position
• Business financial evidence not supporting the nominated position
• Salary failing to meet applicable requirements
• Salary not reflecting the Annual Market Salary Rate
• Assuming age exemptions automatically apply
• Failing to satisfy English requirements
• Failing to obtain required professional registration or licensing
• Providing inconsistent information between previous 482 applications and the 186 application
• Failing to disclose relevant character or immigration issues
• Assuming nomination approval guarantees visa approval
• Assuming a 482 visa automatically becomes permanent residence

Typical Subclass 186 TRT Process

Step 1: Assess the applicant’s 482/457 and employment history
Step 2: Confirm qualifying sponsored employment
Step 3: Assess age and any available exemption
Step 4: Check English requirements
Step 5: Assess the employer and nominated position
Step 6: Determine the market salary and applicable salary requirements
Step 7: Prepare the employer nomination
Step 8: Prepare the Subclass 186 TRT visa application
Step 9: Lodge nomination and visa application as appropriate
Step 10: Complete health and character requirements
Step 11: Respond to Departmental requests if required
Step 12: If approved, obtain Australian permanent residency

Typical Subclass 186 Direct Entry Process

Step 1: Identify the nominated occupation
Step 2: Obtain a suitable skills assessment
Step 3: Confirm at least the required relevant skilled employment
Step 4: Assess age requirements
Step 5: Meet English requirements
Step 6: Assess employer eligibility
Step 7: Assess genuine position and salary
Step 8: Lodge employer nomination
Step 9: Lodge the Subclass 186 Direct Entry visa application
Step 10: Complete health and character requirements
Step 11: Respond to any Departmental requests
Step 12: If approved, obtain permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist employers and skilled workers with:

• Subclass 186 eligibility assessments
• 482 to 186 permanent residence pathway assessments
• Temporary Residence Transition eligibility
• Direct Entry eligibility
• Labour Agreement pathway assessment
• Employer nomination applications
• Genuine position assessment
• Occupation assessment
• Skills assessment guidance
• Employment history assessment
• Calculation of qualifying sponsored employment
• Age exemption assessment
• English requirement assessment
• Annual Market Salary Rate assessment
• Salary requirement assessment
• Employer financial capacity assessment
• Supporting documentation
• Visa application preparation and lodgement
• Family member applications
• Health and character matters
• Departmental requests for further information
• Complex employer-sponsored migration matters
• Ongoing case management

The Subclass 186 visa can provide a valuable pathway to Australian permanent residency for skilled workers and their families.

However, eligibility depends not only on the applicant’s skills and employment history but also on the employer, nominated position, occupation, salary and the particular Subclass 186 stream.

Careful assessment before lodgement can help identify potential problems and determine whether the TRT, Direct Entry or Labour Agreement pathway is the most appropriate option.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Employer-sponsored migration legislation, occupations, salary thresholds, skills assessment requirements, age exemptions, English requirements and Labour Agreement concessions can change. Eligibility depends on the circumstances and requirements applying at the relevant time. Employers and applicants should obtain advice based on their individual circumstances before lodging a nomination or visa application.

Subclass 494 – Skilled Employer Sponsored Regional Visa (Provisional)

The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) allows eligible employers in designated regional areas of Australia to sponsor skilled overseas workers where they cannot source an appropriately skilled Australian worker.

The Subclass 494 is a provisional visa, not immediate permanent residency. It is generally granted for 5 years and can provide a pathway to permanent residence through the Subclass 191 – Permanent Residence (Skilled Regional) visaafter the relevant requirements are satisfied.

The Subclass 494 can be particularly attractive for employers located outside Sydney, Melbourne and Brisbane, as designated regional areas for this visa cover a significant part of Australia.

Subclass 494 Streams

There are two principal streams:

• Employer Sponsored stream
• Labour Agreement stream

There is also a Subsequent Entrant pathway for eligible family members of a Subclass 494 holder.

1. Employer Sponsored Stream

The Employer Sponsored stream is designed for regional Australian employers experiencing genuine skills shortages.

The applicant generally needs to:

• Be nominated by an approved employer
• Be nominated for an eligible occupation
• Have at least 3 years of relevant skilled work experience
• Have a suitable skills assessment, unless an exemption applies
• Be under 45 years of age, unless an exemption applies
• Meet the applicable English-language requirement
• Meet health and character requirements
• Satisfy all other applicable visa criteria

The employment must be located in a designated regional area of Australia.

2. Labour Agreement Stream

The Labour Agreement stream is available where an employer has an appropriate labour agreement with the Australian Government.

Labour agreements can provide access to occupations or concessions that may not be available through the standard employer-sponsored program.

Depending on the particular agreement, concessions may potentially relate to:

• Occupation
• Age
• English
• Salary
• Work experience
• Skills requirements

Labour agreements include arrangements such as:

• Industry Labour Agreements
• Designated Area Migration Agreements (DAMAs)
• Company-Specific Labour Agreements

The precise eligibility requirements depend on the terms of the applicable agreement.

What Is a Designated Regional Area?

For migration purposes, “regional Australia” has a specific definition.

For the Subclass 494 program, designated regional areas generally include all of Australia except Sydney, Melbourne and Brisbane.

This means that many significant Australian cities and population centres are treated as regional for migration purposes.

Applicants and employers should nevertheless check the applicable postcode classification before proceeding.

Employer Requirements

Subclass 494 is an employer-sponsored visa.

The employer must satisfy the applicable sponsorship and nomination requirements and generally needs to demonstrate that:

• The business is actively and lawfully operating
• The position is located in designated regional Australia
• There is a genuine need for the position
• The occupation is eligible
• The applicant has the skills required for the position
• The salary satisfies applicable requirements
• Employment conditions are appropriate
• The employer can meet its sponsorship obligations

Employer eligibility and employee eligibility are separate issues.

A strong applicant cannot overcome an employer or nomination that does not satisfy the applicable requirements.

Genuine Position Requirement

The nominated position must be genuine and appropriate for the employer’s business.

The Department may consider matters including:

• Nature of the business
• Business activities
• Turnover
• Number of employees
• Organisational structure
• Location of the position
• Duties of the position
• Whether the occupation fits naturally within the business
• Salary
• Financial capacity
• Previous sponsorship history
• Genuine business need for the employee

Employers should be prepared to provide appropriate business and financial evidence supporting the nomination.

Regional Certifying Body Assessment

A distinctive feature of the standard Subclass 494 Employer Sponsored pathway is the involvement of a Regional Certifying Body (RCB) in the nomination process.

The relevant RCB assesses matters within its responsibility concerning the nominated position and regional labour market.

This means a Subclass 494 application can involve several separate components:

Employer/Sponsor → Nomination/RCB requirements → Visa Applicant

Each component should be carefully prepared.

Labour Market Testing

Labour Market Testing may be required for the nomination.

This is intended to demonstrate that the employer has genuinely attempted to recruit an appropriately skilled Australian worker before seeking to employ an overseas worker.

Where required, the employer needs to ensure that advertising complies with the applicable requirements concerning matters such as:

• Advertising platforms
• Number of advertisements
• Duration
• Position details
• Salary information where required
• Timing of advertising
• Evidence retained

Technical mistakes in Labour Market Testing can create problems for an otherwise genuine nomination.

Work Experience Requirement

For the standard Employer Sponsored stream, the applicant generally needs at least 3 years of full-time relevant work experience in the nominated occupation at the required skill level.

The Department indicates that this experience should generally have been gained within the previous 5 years.

The period does not necessarily need to be continuous, and equivalent part-time employment may potentially be considered.

Casual work is generally not counted for this requirement.

Evidence may include:

• Detailed employment references
• Employment contracts
• Payslips
• Tax records
• Bank statements showing salary payments
• Superannuation records
• Position descriptions
• Organisational charts
• Other evidence of genuine employment

Applicants should ensure that their claimed employment history is consistent with previous visa applications and skills assessment records.

Skills Assessment

A suitable skills assessment is generally required for the Employer Sponsored stream, unless an exemption applies.

Importantly, the skills assessment generally needs to be completed before the visa application is lodged.

A skills assessment obtained specifically for the Subclass 485 Temporary Graduate visa is not considered suitable for this purpose.

Certain exemptions can apply in limited circumstances.

For the Labour Agreement stream, whether a skills assessment is required can depend on the particular labour agreement.

Age Requirement

Applicants for the standard Employer Sponsored stream generally need to be under 45 years of age when applying, unless an exemption applies.

Certain exemptions may be available depending on the applicant’s occupation, circumstances or other prescribed criteria.

Under a Labour Agreement, different age arrangements or concessions may potentially apply where provided by the agreement.

Applicants aged 45 or above should therefore obtain an individual assessment before concluding that they are ineligible.

English Language Requirement

Applicants must meet the applicable minimum English-language requirement.

The required level depends on the relevant Subclass 494 stream and whether any exemption or Labour Agreement concession applies.

Applicants should ensure that:

• Their English test is an accepted test
• The required scores have been achieved
• The test remains valid
• Any claimed exemption actually applies

Salary Requirements

The nominated position must satisfy applicable salary requirements.

Employers should consider both:

• The applicable skilled migration income threshold; and
• The Annual Market Salary Rate

Meeting a minimum immigration salary threshold does not necessarily mean the nomination satisfies the salary requirements.

If an equivalent Australian worker would normally receive a higher salary, the sponsored worker generally cannot simply be paid the minimum immigration threshold.

The proposed salary must be genuine and commercially appropriate for the position.

Health Requirements

The applicant and relevant family members must satisfy applicable Australian health requirements.

Health examinations may be required depending on individual circumstances.

Character Requirements

Applicants must satisfy the applicable character requirements.

Relevant issues can include:

• Criminal convictions
• Pending charges
• Australian police history
• Overseas police history
• Previous visa cancellations
• Immigration compliance issues
• False or misleading information
• Other adverse information

Complete and accurate disclosure is important.

Including Family Members

Eligible family members can generally be included in the Subclass 494 application.

This may include:

• Spouse
• De facto partner
• Dependent children
• Stepchildren in appropriate circumstances

Relevant family members must satisfy applicable health and character requirements.

Eligible family members may also be able to apply later as subsequent entrants.

How Long Is the Subclass 494 Visa Valid?

The Subclass 494 is generally granted for 5 years.

During this period, visa holders can generally:

• Live in designated regional Australia
• Work in designated regional Australia
• Study in designated regional Australia
• Travel to and from Australia while the visa remains valid
• Include eligible family members
• Potentially progress to permanent residency after satisfying the relevant requirements

Employment Restrictions

The primary Subclass 494 visa holder is generally required to work for the sponsoring employer or an associated entity where permitted and in accordance with the conditions attached to the visa.

The employment must also remain in designated regional Australia.

Visa holders should therefore obtain advice before:

• Changing employer
• Changing occupation
• Moving to another location
• Ceasing employment
• Significantly changing working arrangements

Starting Employment

A Subclass 494 visa holder is generally required to commence employment within the applicable period.

For example, the Department currently states that employment must commence within 90 days of:

• Entering Australia, where the visa was granted while the applicant was outside Australia; or
• Visa grant, where the applicant was in Australia when the visa was granted.

Pathway to Permanent Residency – Subclass 191

One of the major advantages of Subclass 494 is its potential pathway to permanent residence through the:

Subclass 191 – Permanent Residence (Skilled Regional) Visa

An eligible Subclass 494 holder may apply for the Subclass 191 Regional Provisional stream after satisfying the applicable requirements.

The applicant generally needs to have held an eligible regional provisional visa for at least 3 years and complied with the conditions attached to that visa.

The Subclass 191 application is a separate permanent residence application.

Subclass 494 does not automatically convert to permanent residency after three years.

Important Restrictions During the First Three Years

Subclass 494 holders should be aware that regional provisional visa legislation can restrict access to certain other visa pathways before the required period has been completed.

For example, unless the relevant requirements or exceptions are satisfied, a Subclass 494 holder who has not held the visa for the required three-year period may face restrictions on making or being granted certain other visas.

This makes it particularly important to understand the long-term implications of accepting a Subclass 494 visa.

Subclass 482 vs Subclass 494

Subclass 482 – Skills in Demand

• Temporary employer-sponsored visa
• Generally up to 4 years
• Employer sponsorship required
• No general regional location requirement
• Generally requires at least 1 year of relevant work experience
• No standard maximum age requirement for the visa itself
• Potential pathway to Subclass 186 permanent residency

Subclass 494 – Skilled Employer Sponsored Regional

• Regional provisional visa
• Valid for 5 years
• Regional employer sponsorship required
• Employment must be in designated regional Australia
• Generally requires 3 years of relevant skilled work experience
• Generally requires a skills assessment
• Generally requires applicant to be under 45 unless exempt
• Potential pathway to Subclass 191 permanent residency

Subclass 491 vs Subclass 494

Both visas are regional provisional visas, but they operate differently.

Subclass 491

• Points-tested
• SkillSelect EOI required
• State/territory nomination or eligible family sponsorship
• 15 additional points for qualifying nomination/sponsorship
• Not tied to a particular sponsoring employer in the same way as Subclass 494

Subclass 494

• Employer-sponsored
• No points test
• No SkillSelect EOI
• Regional employer required
• Applicant generally works for the sponsoring employer
• Genuine position and employer nomination requirements apply

Both can potentially provide a pathway to the Subclass 191 permanent residence visa.

Common Mistakes in Subclass 494 Applications

Some common problems include:

• Assuming Subclass 494 provides immediate permanent residency
• Selecting the wrong nominated occupation
• Employer or position not being in an eligible regional location
• Failing to properly establish the genuine need for the position
• Weak business financial evidence
• Duties not matching the nominated occupation
• Incorrect or inadequate Labour Market Testing
• Problems with the Regional Certifying Body process
• Salary failing to meet applicable requirements
• Salary not reflecting the Annual Market Salary Rate
• Applicant not having the required 3 years of relevant experience
• Weak employment references
• Inconsistent employment dates
• Using an unsuitable skills assessment
• Lodging before the required skills assessment is completed
• Using a Subclass 485 skills assessment where it is not acceptable
• Failing to satisfy the age requirement or establish an exemption
• Failing to satisfy English requirements
• Failing to obtain necessary registration or licensing
• Providing inconsistent information across sponsorship, nomination and visa applications
• Failing to disclose relevant character or immigration issues
• Assuming three years on a 494 automatically results in permanent residency
• Breaching regional or employment-related visa conditions

Typical Subclass 494 Process

Step 1: Assess the employer’s eligibility
Step 2: Confirm the position is in designated regional Australia
Step 3: Identify the appropriate nominated occupation
Step 4: Assess the genuine need for the position
Step 5: Conduct Labour Market Testing where required
Step 6: Assess salary and market salary requirements
Step 7: Complete applicable Regional Certifying Body requirements
Step 8: Assess the applicant’s qualifications and 3 years of relevant experience
Step 9: Obtain the required skills assessment
Step 10: Assess age and English requirements
Step 11: Prepare and lodge the nomination
Step 12: Prepare and lodge the Subclass 494 visa application
Step 13: Complete health and character requirements
Step 14: Respond to Departmental requests where necessary
Step 15: If granted, live and work in designated regional Australia in accordance with visa conditions
Step 16: After satisfying the applicable requirements, consider the Subclass 191 permanent residence pathway

How Melton Migration Can Assist

At Melton Migration, we can assist employers and skilled workers with:

• Subclass 494 eligibility assessment
• Employer sponsorship assessment
• Regional location assessment
• Occupation assessment
• Employer Sponsored stream applications
• Labour Agreement and DAMA pathway assessment
• Genuine position submissions
• Labour Market Testing
• Regional Certifying Body requirements
• Skills assessment guidance
• Work experience assessment
• Age and exemption assessment
• English requirement assessment
• Salary and Annual Market Salary Rate assessment
• Employer nomination preparation
• Subclass 494 visa application preparation and lodgement
• Family member and subsequent entrant applications
• Health and character matters
• Regional visa condition advice
• Subclass 191 permanent residence pathway assessment
• Responses to Departmental requests
• Ongoing case management

The Subclass 494 can be a valuable option for regional Australian employers experiencing skills shortages and skilled workers seeking a pathway towards Australian permanent residency.

However, it requires careful consideration of the employer, occupation, regional location, genuine position, salary, work experience, skills assessment, age, English and long-term permanent residence strategy.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Occupation eligibility, regional classifications, salary thresholds, skills assessment requirements, age exemptions, Labour Market Testing requirements, Labour Agreements, visa conditions and permanent residence pathways can change. Eligibility should be assessed according to the legislation and policy applicable to the individual circumstances at the relevant time.

Subclass 407 – Training Visa

Subclass 407 – Training Visa

The Training visa (subclass 407) is a temporary visa designed for people who want to come to Australia to undertake workplace-based occupational training or professional development.

The visa can allow an applicant to stay in Australia for up to 2 years, depending on the approved training arrangements.

Importantly, the Subclass 407 visa is a training visa, not a general work visa. Its primary purpose must be genuine occupational training or professional development rather than filling an ordinary position in an Australian business.

What Can You Do on a Subclass 407 Visa?

Depending on the approved training program and visa conditions, the Subclass 407 visa can allow a person to:

• Undertake structured workplace-based training in Australia
• Improve occupational skills
• Participate in training required for professional registration
• Develop skills in an eligible occupation
• Participate in professional development activities
• Live in Australia temporarily during the approved training
• Include eligible family members in appropriate circumstances
• Travel to and from Australia while the visa remains valid

Three Types of Occupational Training

There are three main types of occupational training available under the Subclass 407 program.

1. Training Required for Registration

This category may be appropriate where workplace-based training is necessary for the applicant to obtain occupational registration, membership or licensing in Australia or their home country.

The training must be necessary to obtain the relevant registration, membership or licence.

Examples may include supervised workplace training required before a person can obtain professional registration.

2. Training to Improve Skills in an Eligible Occupation

This is an important Subclass 407 pathway for applicants who already have relevant qualifications or experience but need further structured workplace training to improve their skills.

The training must relate to an eligible occupation.

Generally, the applicant needs recent relevant experience, which can include employment or study, in the nominated occupation.

The training should be specifically designed to improve the applicant’s existing occupational skills.

It should not simply involve performing an ordinary employee’s duties.

3. Training for Capacity Building Overseas

This category covers certain occupational training intended to develop skills and expertise that can be used overseas.

Depending on the circumstances, this may include:

• Overseas qualifications
• Government-supported training
• Professional development

Specific requirements apply to each category.

Sponsorship Requirement

Subclass 407 generally requires an approved Temporary Activities Sponsor.

The sponsoring organisation must satisfy the applicable sponsorship requirements.

Home Affairs states that a sponsor for a Training visa generally needs to demonstrate that it can directly provide the occupational training, unless an applicable exemption exists.

Temporary Activities Sponsorship approval generally lasts for 5 years.

Nomination Requirement

In addition to sponsorship, the proposed occupational training generally needs to be nominated.

This is a critical part of the Subclass 407 process.

The nomination identifies matters such as:

• The trainee
• The occupation
• Type of occupational training
• Training organisation
• Workplace
• Duration of training
• Nature and structure of the training

The nomination must satisfy the requirements for the particular type of occupational training.

The Training Plan

A properly structured Training Plan is one of the most important components of many Subclass 407 applications.

The training plan should demonstrate that the arrangement involves genuine training rather than ordinary employment.

A strong training plan may address:

• Applicant’s existing qualifications
• Previous employment experience
• Existing skills
• Skills requiring further development
• Training objectives
• Training modules
• Workplace activities
• Supervision arrangements
• Trainers or supervisors
• Training methodology
• Training timetable
• Progress monitoring
• Performance assessment
• Expected learning outcomes

The plan should be individually tailored to the trainee.

A generic job description presented as a “training plan” may not adequately demonstrate genuine occupational training.

Training vs Ordinary Employment

This distinction is extremely important.

Genuine Training

A genuine training arrangement generally focuses on:

• Structured learning
• Skills development
• Supervision
• Training objectives
• Progression
• Assessment
• Professional development

Ordinary Employment

Ordinary employment generally focuses primarily on:

• Performing productive work
• Meeting normal staffing requirements
• Filling a vacant position
• Delivering normal employee outputs
• Operating independently as an experienced worker

The Subclass 407 visa should not be used simply as a substitute for an employer-sponsored work visa.

If the real purpose is to employ a skilled worker to fill an ongoing position, another visa such as the Subclass 482 Skills in Demand visa may be more appropriate.

Eligible Occupations

For occupational training designed to enhance skills, the nominated occupation generally needs to be eligible for the Subclass 407 program.

The Department’s current skilled occupation list identifies occupations available for the Training visa.

Occupation eligibility should always be checked before preparing the sponsorship, nomination and training program.

Does Subclass 407 Require a Skills Assessment?

A formal skills assessment is not automatically required for every Subclass 407 applicant.

However, the applicant must still demonstrate that their background is appropriate for the proposed occupational training.

Depending on the type of training, relevant evidence may include:

• Qualifications
• Employment references
• Professional experience
• Current employment
• Academic records
• Registration
• Licensing
• Previous workplace training

The applicant’s existing background should logically connect with the proposed training.

Recent Experience Requirement

For occupational training intended to enhance skills in an eligible occupation, the applicant generally needs to demonstrate relevant recent experience in the occupation.

This can include qualifying:

• Employment experience; or
• Study experience.

The purpose is to demonstrate that the applicant already has a foundation in the occupation and that the proposed program will enhance existing skills rather than simply provide basic entry-level training.

Age Requirement

Applicants generally need to be 18 years of age or older unless particular circumstances justify otherwise.

Unlike many permanent skilled migration visas, there is no general requirement that every Subclass 407 applicant must be under 45.

This can make the visa relevant to experienced professionals seeking genuine occupational training.

English Language Ability

Applicants need sufficient English-language ability to undertake the proposed training and satisfy the applicable visa requirements.

The required evidence should be assessed according to the applicant’s circumstances and the requirements applying at the time of application.

The applicant must realistically be able to understand:

• Workplace instructions
• Training materials
• Health and safety requirements
• Supervision
• Assessments
• Professional communication

Health Insurance

Subclass 407 applicants may need to maintain adequate health insurance for their stay in Australia.

Applicants should ensure appropriate health cover is maintained in accordance with their visa conditions.

Health Requirements

Applicants and relevant family members may need to satisfy Australia’s health requirements.

Health examinations may be requested depending on individual circumstances.

Character Requirements

Applicants must satisfy the applicable character requirements.

This may involve consideration of:

• Criminal convictions
• Pending criminal charges
• Police certificates
• Previous visa cancellations
• Immigration compliance history
• False or misleading information
• Other adverse information

Complete disclosure is important.

Including Family Members

Eligible members of the applicant’s family unit may be included in the application in appropriate circumstances.

This may include:

• Spouse
• De facto partner
• Dependent children
• Stepchildren where applicable

Family members must satisfy the relevant visa requirements, including health and character requirements where applicable.

Can You Work on a Subclass 407 Visa?

The primary purpose of the visa is occupational training.

The visa holder must comply with the conditions attached to the visa and participate in the approved occupational training.

The visa should not be treated as an unrestricted work visa.

Applicants should check their visa grant notice and VEVO for the exact conditions applying to them.

Can the Training Be Paid?

A Subclass 407 training arrangement can potentially involve paid training.

However, payment does not change the fundamental nature of the visa.

The arrangement must still be a genuine occupational training program, not ordinary employment disguised as training.

Where employment laws apply, sponsors and employers must also comply with Australian workplace requirements.

Can You Change Your Sponsor?

Changing the organisation providing the occupational training is not as simple as changing an ordinary employer.

If the trainee wants to move to another organisation, the new organisation may need to satisfy sponsorship and nomination requirements before the trainee can undertake the new training arrangement.

Professional advice should be obtained before changing training organisations.

Is Subclass 407 a Permanent Residence Visa?

No.

Subclass 407 is a temporary training visa.

It does not itself provide Australian permanent residency.

There is also no automatic conversion from a Subclass 407 visa to permanent residence.

However, the experience and skills gained during genuine occupational training may be relevant to a person’s future migration or career options, depending on their individual circumstances and the requirements of another visa.

Can a 407 Lead to a 482 Visa?

Potentially, but there is no automatic pathway.

After completing training, an applicant may potentially qualify for another visa such as the Subclass 482 Skills in Demand visa if:

• An eligible employer is willing to sponsor them
• Their occupation is eligible
• They have the required skills and experience
• They satisfy the English requirements
• The position satisfies applicable salary requirements
• All other sponsorship, nomination and visa criteria are met

A Subclass 407 visa should therefore not be presented as a guaranteed pathway to a Subclass 482 visa or permanent residency.

407 vs 482 – Important Difference

Subclass 407 Training Visa

• Primary purpose is training
• Temporary visa
• Generally up to 2 years
• Requires an appropriate sponsor
• Occupational training nomination generally required
• Structured training plan is critical
• Not intended primarily to fill a labour shortage
• No direct permanent residence outcome

Subclass 482 Skills in Demand Visa

• Primary purpose is employment
• Employer-sponsored work visa
• Generally up to 4 years
• Worker fills a skilled position
• Salary requirements apply
• Labour Market Testing may apply
• Can potentially provide a pathway to Subclass 186 permanent residency

Choosing the correct visa is important. A business seeking an employee should not use a Subclass 407 simply because the requirements appear more convenient than a Subclass 482.

Common Mistakes in Subclass 407 Applications

Some common problems include:

• Treating the Subclass 407 as a normal work visa
• Using a generic job description as a training plan
• Failing to explain what new skills will be developed
• Applicant already being fully competent in all proposed training activities
• Training plan not being tailored to the individual trainee
• Insufficient supervision
• No clear training objectives
• No meaningful assessment or progress monitoring
• Training activities not matching the nominated occupation
• Selecting an ineligible occupation
• Sponsor unable to demonstrate capacity to provide the training
• Training program being inconsistent with the sponsor’s business activities
• Insufficient evidence of the applicant’s previous experience or study
• Training program appearing to fill an ordinary staff vacancy
• Providing inconsistent information across sponsorship, nomination and visa applications
• Failing to explain why the training is required
• Failing to maintain adequate health insurance
• Failing to disclose relevant character or immigration history
• Assuming the visa automatically provides a pathway to permanent residency

Typical Subclass 407 Process

Step 1: Assess whether Subclass 407 is the appropriate visa
Step 2: Identify the purpose and type of occupational training
Step 3: Assess the sponsoring organisation
Step 4: Obtain Temporary Activities Sponsor approval where required
Step 5: Identify the appropriate occupation where relevant
Step 6: Assess the trainee’s qualifications and previous experience
Step 7: Develop a detailed and individualised Training Plan
Step 8: Prepare and lodge the nomination
Step 9: Prepare and lodge the Subclass 407 visa application
Step 10: Provide health, character and insurance evidence as required
Step 11: Respond to any Departmental requests
Step 12: If granted, undertake the approved occupational training in accordance with visa conditions

How Melton Migration Can Assist

At Melton Migration, we can assist businesses, organisations and prospective trainees with:

• Subclass 407 eligibility assessment
• 407 vs 482 visa pathway assessment
• Temporary Activities Sponsorship applications
• Occupational training type assessment
• Occupation eligibility assessment
• Nomination applications
• Individualised Training Plan preparation
• Training objectives and competency-gap analysis
• Training schedule development
• Supervisor and training arrangements
• Applicant qualification and experience assessment
• Supporting documentation
• Subclass 407 visa application preparation and lodgement
• Family member applications
• Health and character matters
• Responses to Departmental requests
• Complex Training visa matters
• Ongoing case management

A successful Subclass 407 application requires more than finding an Australian business willing to provide training. The application should establish a genuine need for structured occupational training, a credible training program, an appropriate sponsor and a logical connection between the applicant’s existing background and the skills they seek to develop.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Subclass 407 sponsorship, nomination, occupation, training, English, health, character and visa requirements can change. Eligibility depends on the applicant, sponsor, type of occupational training and circumstances applying at the relevant time. Applicants and sponsors should obtain advice relevant to their individual circumstances before lodging an application.