Australia — Work Authorization & Visas

## Who needs work authorization

Non-citizens require a visa to work in Australia. The Migration Act 1958 (Cth) establishes Australia's universal visa system, governing the entry into and presence in Australia of non-citizens and their right to work. Under the Act, all workers who are not Australian citizens require a visa to enter and work in the country. This requirement applies regardless of the length of stay or the nature of the work arrangement — whether employment, independent contracting, or temporary business activities.

Australian citizens and certain holders of specific visa categories (such as Australian permanent residents holding a permanent visa) generally have an unrestricted right to work. For all other foreign nationals, the right to work is controlled by visa conditions, and working without appropriate authorization exposes both the worker and the employer to administrative penalties, visa cancellation, and potential criminal liability.

## Administering authority

The Department of Home Affairs administers the Migration Act 1958 and the Migration Regulations 1994 (the principal subordinate instrument that prescribes visa classes, subclasses, criteria, and conditions). Visa decisions are made by the Minister for Home Affairs or delegates. Employer sponsorship approvals, nomination decisions, and compliance enforcement fall under the Department's remit.

The Migration Regulations 1994 set out the detailed criteria for each visa subclass, including skill requirements, English language thresholds, health and character standards, labour market testing obligations for sponsors, and the specific work rights (or restrictions) attached to each visa.

## Structure of Australia's work visa system

Australia's work authorization framework is visa-based and stratified by skill level, occupation, duration, and pathway. The system divides broadly into:

• Skilled migration visas — permanent and temporary pathways for workers in occupations on designated skilled occupation lists, typically requiring sponsorship by an Australian employer or nomination by a state or territory government. The principal temporary route is the Skills in Demand visa (subclass 482), which replaced the Temporary Skill Shortage (TSS) visa. Permanent skilled visas include the Skilled Independent visa (subclass 189), which is points-tested and does not require sponsorship, and the Employer Nomination Scheme (subclass 186) for direct employer-sponsored permanent residence.

• Regional skilled provisional visas — temporary visas tied to living and working in designated regional areas, with a pathway to permanent residence after meeting residence and work requirements. Examples include the Skilled Work Regional (Provisional) visa (subclass 491) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

• Temporary activity and short-term work visas — for specific activities, events, or training (e.g., Temporary Work (International Relations) visa subclass 403, Temporary Activity visa subclass 408).

• Working Holiday and Work and Holiday visas (subclasses 417 and 462) — for young adults from partner countries engaging in tourism with incidental work.

• Student visas (subclass 500) — which carry restricted work rights (historically capped at a certain number of hours per fortnight during term, though recent amendments have varied the cap).

Each visa subclass is defined in Schedule 2 of the Migration Regulations 1994 and carries specific conditions. Condition 8107, for example, restricts the number of hours a student visa holder may work. Condition 8501 requires the holder to maintain adequate health insurance. Breach of a visa condition is a ground for visa cancellation under section 116 of the Migration Act 1958.

## Work without authorization — section 42 prohibition and sanctions

Section 42 of the Migration Act 1958 makes it an offence for a non-citizen to work in Australia while not holding a visa permitting work, or to work in breach of a condition restricting work. The Act also imposes parallel liability on employers: it is an offence under Subdivision C of Division 12 of Part 2 to allow an unlawful non-citizen to work, or to allow a lawful non-citizen to work in breach of their visa conditions, if the employer knows or is reckless as to the worker's status.

Employer sanctions include civil penalties and criminal prosecution for allowing work by unlawful non-citizens or in breach of visa conditions. The Department of Home Affairs conducts compliance investigations and may issue infringement notices, refer matters for prosecution, and cancel or refuse sponsorship approvals for employers found to have breached their obligations.

## Employer sponsorship and nomination obligations

For most temporary and permanent skilled work visas, an approved sponsor must nominate the position and the individual. Sponsorship approval requires the employer to demonstrate a genuine need for the overseas worker, meet training benchmarks (historically the "Skilling Australians Fund" levy or nomination training contribution charge), and commit to a suite of ongoing obligations under the Migration Regulations 1994, including:

• Paying market salary rates and ensuring equivalent terms and conditions of employment (regulation 2.79, 2.79A).
• Not recovering costs associated with sponsorship or migration from the worker (regulation 2.87).
• Notifying the Department of changes in circumstances, including early cessation of employment.
• Cooperating with Department inspectors.

Breach of sponsorship obligations can result in sponsor bar periods (preventing new approvals for up to five years), civil penalties, and referral to the Fair Work Ombudsman or other agencies.

## Cross-reference

For detailed analysis of visa condition breach and cancellation under section 116, see the termination-and-severance guide. For payroll, tax, and permanent establishment considerations when hiring foreign nationals in Australia (including the threshold at which a foreign employer triggers an Australian taxable presence), see the hiring-and-payroll-setup guide. For the independent contractor vs. employee tests that determine superannuation and payroll tax obligations, see the worker-classification guide.

Source: Migration Act 1958 (Cth) Source: Department of Home Affairs — Working in Australia Source: Department of Home Affairs — Skilled Migration Program

## Overview

The Skills in Demand (SID) visa (subclass 482) is Australia’s principal employer-sponsored temporary work visa. It replaced the Temporary Skill Shortage (TSS) visa and operates via three distinct streams: Core Skills, Specialist Skills, and Labour Agreement. The regime is governed by the Migration Act 1958 (Cth) and detailed in the Migration Regulations 1994. Occupation eligibility and salary thresholds are fixed by legislative instrument and are subject to regulated annual indexation.

## Material update as of 1 July 2026: Salary thresholds (CSIT and SSIT) increased per scheduled indexation

The Department of Home Affairs has announced, in accordance with regulation 5.42A of the Migration Regulations 1994, that the minimum salary requirements have been indexed effective for nomination applications lodged on or after 1 July 2026:

• Core Skills Income Threshold (CSIT): AUD $79,499 (increased from $76,515 previously),
• Specialist Skills Income Threshold (SSIT): AUD $146,717 (increased from $141,210 previously).

These thresholds are published on the Home Affairs salary requirements page and apply to the relevant stream regardless of occupation, except where specific Labour Agreements allow negotiated concessions. CSIT applies to the Core Skills stream (for occupations on the Core Skills Occupation List—CSOL); SSIT applies to the Specialist Skills stream (for designated ANZSCO major groups except 3, 7, and 8); whichever is higher, the market rate (AMSR) or relevant threshold is the effective floor. The thresholds are subject to further annual adjustment in line with Australian Bureau of Statistics Average Weekly Ordinary Time Earnings (AWOTE).

Occupation eligibility and all other nomination criteria remain unchanged from the 2024–2025 program year as prescribed in the Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 and Schedule 2 of the Migration Regulations 1994. Employers and practitioners must check current eligibility and salary settings at nomination date; applications lodged before 1 July 2026 are assessed under the previous year’s thresholds.

## Example application A nomination for a Core Skills occupation signed 2 July 2026 would require guaranteed earnings of at least AUD $79,499, and for Specialist Skills, at least AUD $146,717, or the higher actual market salary, whichever applies. This affects planning of upcoming applications and compliance for sponsors with multi-role hiring needs.

Citations: Source: Migration Regulations 1994 (Cth), reg 5.42A, Sch 2, Div 2.12A–2.19 Source: Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 Source: Department of Home Affairs — Skills in Demand visa (subclass 482) Source: Department of Home Affairs — Salary requirements to nominate a worker

This update only affects threshold figures, not occupational or pathway structure. Further changes, if any, must be verified using the links above and the most recent legislative instrument.

## Overview and comparison with Temporary Residence Transition stream

The Employer Nomination Scheme (subclass 186) visa is Australia's principal permanent employer-sponsored skilled work visa. It confers permanent residence, full work rights, access to Medicare, and eligibility to apply for Australian citizenship after meeting residency requirements. The visa operates through three streams: Direct Entry, Temporary Residence Transition (TRT), and Labour Agreement. This section addresses the Direct Entry stream, which allows an Australian employer to nominate a skilled worker for permanent residence without requiring the worker to have held a prior temporary skilled visa in Australia.

The Direct Entry stream is governed by the Migration Act 1958 (Cth) and the Migration Regulations 1994, with detailed criteria in Schedule 2 and sponsor obligations in Division 2.19. It is distinguished from the TRT stream, which requires the worker to have held a subclass 482 (Skills in Demand) or subclass 457 (Temporary Work (Skilled)) visa and worked for the sponsoring employer in the nominated occupation for at least two years. The Direct Entry stream has no such prior-employment requirement but imposes more stringent skills-assessment, age, and occupation-list requirements.

## Material change as of March 2026: New Assessing Authority for Surveyor occupation (ANZSCO 232212)

Effective 27 March 2026, the Migration Legislation Amendment (Assessing Authorities) Instrument 2026 (LIN 26/027) amends the Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024. For the occupation of Surveyor (ANZSCO 232212), the designated assessing authority is now the Institution of Surveyors New South Wales Ltd (ISNSW), replacing the former Geospatial Council of Australia (GCA). Transitional rules apply:

• For applications lodged but not finally determined on or after 8 October 2025: ISNSW is the required assessing authority for Surveyor, unless the applicant holds a skills assessment for Surveyor issued by GCA on or before 21 August 2025.
• Applicants with a GCA assessment dated after 21 August 2025 must obtain assessment from ISNSW for eligibility via the Direct Entry stream.

Practitioners should review the compiled Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024 and the latest legislative amendment instrument (LIN 26/027) for transitional details, affected applications, and the up-to-date assessing authority list. Assessing authorities for all other CSOL occupations, and other Direct Entry requirements (skills, age, English, salary) remain as stated in the compiled instrument and referenced in Department guidance.

## Skills assessment requirement (updated)

The Direct Entry stream requires the worker to hold a skills assessment from the relevant assessing authority for the nominated occupation. The assessing authority for each CSOL occupation is prescribed in section 9 of the Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024 (as amended). This now includes the revision for Surveyor, as described above. Common assessing authorities include Engineers Australia, the Australian Computer Society, VETASSESS, Trades Recognition Australia, and, for Surveyor from March 2026, ISNSW.

The skills assessment must confirm that the worker's qualifications, experience, and competencies are suitable for the nominated occupation. Assessments generally remain valid for three years from issue or until stated expiry, and must be valid at the visa application date.

Remaining requirements (CSOL occupation, age, English standards, AMSR/CSIT salary thresholds, and sponsorship) are unchanged since the 2024 reforms and as described in the official instruments and Home Affairs guidance.

Source: Migration Act 1958 (Cth) Source: Migration Regulations 1994 (Cth), Schedule 2 and Division 2.12A–2.19 Source: Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024, as compiled Source: Migration Legislation Amendment (Assessing Authorities) Instrument 2026 (LIN 26/027) Source: Department of Home Affairs — Employer Nomination Scheme (subclass 186) visa Source: Department of Home Affairs — Direct Entry stream

## Student visa (subclass 500): work rights and hours limitation

Holders of an Australian Student visa (subclass 500) are permitted to work in Australia with specific restrictions governed by visa condition 8105, set out in Schedule 8 to the Migration Regulations 1994. As of June 2026, the core rule is:

• While their course of study is in session: a maximum of 48 hours work per fortnight (14 consecutive days).
• During scheduled course breaks (as defined by the education provider): no restriction on the number of hours.

The regulation applies to all forms of lawful work. Departmental guidance (as at June 2026) states the 48-hour cap covers "all work undertaken by the student" and is not limited to a particular employer or type of employment. The government's official visa work rights landing page clarifies that the 48-hour limit applies to both paid and unpaid work, and can include shift or contract work, but the Migration Regulations do not directly enumerate these details (see "Student visa work limitations" at immi.homeaffairs.gov.au).

How hours are counted: The Home Affairs Department instructs that "a fortnight" is any period of 14 consecutive days, not based on a fixed calendar window—this is a rolling period, and work in any rolling 14-day window will be counted toward the cap.

Exceeding the cap or otherwise breaching work conditions is considered a contravention of visa condition 8105, and is a ground for visa cancellation under Migration Act 1958 s. 116. Periodically, the Minister may temporarily alter these caps for specific sectors or policy reasons (such as during the COVID-19 pandemic or for labor shortages), but the standard limit in the Migration Regulations applies unless a specific legislative instrument or notice from the Department of Home Affairs provides an exemption.

## Employer obligations

Employers must ensure that any non-citizen (including student visa holders) is legally permitted to work in Australia and is not in breach of a visa condition. The Department of Home Affairs provides the Visa Entitlement Verification Online (VEVO) system for checking work entitlements. Under Division 12 of the Migration Act 1958 (ss. 245AA–245AK), it is an offence to allow a person to work in breach of visa conditions if the employer knows or is reckless as to the fact. Penalties include substantial fines and, for serious or repeated breaches involving recklessness or intentional disregard, potential imprisonment as set out in the statute. Not all breaches are prosecuted criminally; most are investigated as civil penalty matters.

Source: Migration Regulations 1994 (Cth) Sch 8, Condition 8105 Source: Migration Act 1958 (Cth) ss 116, 245AAA–245AK Source: Department of Home Affairs — Student visa work limitations

An Australian employer must become a Standard Business Sponsor (SBS) before sponsoring most skilled foreign workers on temporary and permanent employer-sponsored visas, including the Skills in Demand visa (subclass 482) and the Employer Nomination Scheme visa (subclass 186). The SBS approval process is governed by Division 2.12A of the Migration Regulations 1994.

## Eligibility to become a Standard Business Sponsor To qualify, an employer must:

• Be lawfully operating in Australia.
• Have no adverse information (such as a history of non-compliance with immigration or workplace laws) unless it is reasonable to disregard.
• Demonstrate the business is actively and lawfully engaged in substantive business activities.

Overseas businesses may apply for SBS approval to sponsor workers for the purpose of establishing a business operation or fulfilling contractual obligations in Australia, but must demonstrate equivalent standing in their home country.

## Application process and duration Employers apply online through the Department of Home Affairs' ImmiAccount portal. The applicant must provide evidence of lawful business operation and pay the relevant fee prescribed in Migration Regulations r. 2.72A.

If approved, standard SBS status is valid for five years under regulation 2.75A. During this period, the employer may nominate as many eligible foreign workers as needed, subject to continuing to meet the sponsorship obligations. Certain sponsors—such as accredited sponsors, labor agreement sponsors, or start-up/industry-specific categories—may have alternative application streams, validity periods, or enhanced processing.

## Ongoing sponsor obligations and compliance Regulations 2.78–2.87 of the Migration Regulations 1994 set out sponsor compliance obligations, including:

• Providing equivalent terms and conditions of employment to those for Australians (r. 2.79)
• Not recovering costs associated with sponsorship/nomination from the nominee (r. 2.87)
• Cooperating with Fair Work and Home Affairs inspectors (r. 2.78)
• Notifying the Department of specified events, such as cessation of employment (r. 2.84)

Breach of sponsor obligations can result in cancellation or barring of sponsorship approvals for up to five years, substantial civil penalties, and in serious cases, criminal prosecution (Migration Act 1958 s. 140M–140ZM). Random and targeted compliance monitoring is standard practice.

## Renewal and changes SBS approval can be renewed by reapplying before expiry. A change in business structure, ownership, or adverse compliance history may prompt Departmental review.

Source: Migration Regulations 1994 (Cth) Div 2.12A, rr. 2.72A–2.87 Source: Department of Home Affairs — Sponsor workers: Become a standard business sponsor

Australia offers two substantive youth mobility pathways—Working Holiday (subclass 417) and Work and Holiday (subclass 462) visas—permitting citizens of specified partner countries to work while travelling in Australia. Both routes are heavily used by employers seeking short-term or seasonal labour, and carry distinctive work-right restrictions that practitioners must monitor closely.

Eligibility and country lists:

• Subclass 417 applies to nationals of partner jurisdictions including the United Kingdom, Canada, and selected European and East Asian countries. The age limit as of June 2026 is 18–30, except for UK and Canadian passport holders (limit: 18–35).
• Subclass 462 covers a wider range of mostly non-European countries (e.g., USA, Argentina, China, India, Indonesia) with annual country quotas. The standard age limit is 18–30.
• Eligible countries and quotas update regularly via designated legislative instruments and are kept current on the Department of Home Affairs website. Key legal requirements are set out in Schedule 2 of the Migration Regulations 1994 (items 1224A [417], 1224B [462]).

Recent Material Change—Mandatory Pre-Application Ballot for Key 462 Nationalities (2026–27):

• For the 2026–27 program year, Subclass 462 applicants from China, India, and Vietnam must participate in a pre-application ballot system. Registration is open from 4 June 2026 to 25 June 2026 (AEST). Random selections will be made from 2 July 2026 until 30 April 2027; only those selected may submit a visa application and have 28 days to do so. This replaces the former first-come, first-served approach for these countries. The Department's landing page provides the authoritative ballot requirements, dates, and up-to-date guidance on eligible countries.

Work rights and visa conditions:

• Both subclasses permit full-time work, subject to visa condition 8547 (Migration Regulations 1994, Sch 8): no more than six months work with any single employer per visa grant. Overrunning this limitation—even incidentally—may result in visa cancellation or refusal of future applications.
• Exemptions to condition 8547 may apply in prescribed sectors or via ministerial instrument, but are only valid where authorized (refer to the Department's published lists and check for formal legislative instruments as the legal basis).
• Visa holders may engage in study, restricted to four months per visa.
• A second or third 417/462 visa is possible if the holder completes “specified work”—primarily in regional, agricultural, tourism, construction, or disaster-recovery roles defined in annual legislative instruments and on Home Affairs web guidance—during their current visa. See official policy for precise sector and regional lists; these are subject to annual review.

Employer duties:

• Registered employers must verify work rights and condition 8547 status using the Visa Entitlement Verification Online (VEVO) service. Breaches expose employers to sanctions under Division 12 of the Migration Act 1958 and may bar participation in future sponsorship programs.

Effective as of June 2026. Quotas, age limits, and country eligibility may change—consult current legislative instruments and Department landing pages. The recent ballot change for 462 applicants from China, India, and Vietnam is material as of 2026–27 and must be confirmed each year against the Department's official channels.

Source: Migration Regulations 1994 (Cth), Sch 2 & 8 Source: Department of Home Affairs — Working Holiday visa (subclass 417) Source: Department of Home Affairs — Work and Holiday visa (subclass 462) Source: Department of Home Affairs — New Work and Holiday (subclass 462) pre-application process

## Business Visitor visas (subclass 600 and 651): work prohibition and narrowly-defined business activities

Australia’s Business Visitor visa streams (subclass 600—Business Visitor stream and subclass 651—eVisitor) allow foreign nationals to engage in specified business-related activities for short stays, with most grants covering a period of up to 3 months (length of stay is determined on grant, per Departmental guidance). These routes are critical for non-resident employees of multinationals and consultants attending meetings, negotiations, or exploratory visits, but are subject to strict work prohibitions imposed by the Migration Regulations 1994 and visa conditions—primarily condition 8115.

Permitted activities: Visa holders may only carry out “business visitor activities,” defined precisely by regulation 1.03 of the Migration Regulations 1994, including:

• Making general business or employment enquiries;
• Investigating, negotiating, signing, or reviewing a business contract;
• Activities as part of an official government visit;
• Participating in conferences, trade fairs, or seminars, but not being paid by an organizer for participation (reimbursement of expenses is allowed, but not salary or fees).

Expressly prohibited:

• “Work”—including unpaid or shadowing assignments—is strictly prohibited under visa condition 8115;
• Providing services or selling goods directly to the public;
• Filling a position or engaging in project work in an Australian business;
• Any activity that would otherwise require a work visa (e.g., subclass 482/400).

Legal enclosure: — All Business Visitor visas include condition 8115, which specifically states: "While in Australia, the holder must not engage in work other than a business visitor activity.” This is imposed under clause 600.229 in Schedule 2 to the Migration Regulations 1994, and mirrored for the eVisitor (subclass 651). — Breaching these limitations constitutes a violation of visa conditions and grounds for visa cancellation under section 116 of the Migration Act 1958.

Common compliance pitfalls: It is a frequent error for multinational employers to use business visitor visas for project work, hands-on client assignments, or shadowing, all of which are outside the allowed scope—even if unpaid. For anything beyond the listed business visitor activities, the employer or assignee must secure an appropriate work visa.

The Department’s VEVO service should always be used by employers to verify visa entitlements. Practitioners must check specific visa conditions attached to each grant and consult current official guidance for any changes.

Source: Migration Regulations 1994 (Cth), reg 1.03, Sch 2 (subclass 600, 651), and condition 8115 Source: Department of Home Affairs – Business Visitor stream (subclass 600) Source: Department of Home Affairs — eVisitor (subclass 651)

The Temporary Work (Short Stay Specialist) visa (subclass 400) remains Australia’s principal route for foreign nationals on highly skilled, short-term, non-ongoing work assignments. Core eligibility, scope of work allowed, and most regulatory conditions continue to be governed by Schedule 2 to the Migration Regulations 1994 (clauses 400.211–400.217; 400.611–400.613) and updated Department of Home Affairs guidance.

Material change: Visa Application Charge increase as of 1 July 2026

Visa Application Charge (VAC):

• Effective 1 July 2026, the base VAC for the Subclass 400 visa increased from AUD 430 to AUD 535. This applies to the primary applicant and to each additional applicant 18 or over. The charge for each additional applicant under 18 also increased from AUD 110 to AUD 135. The increase applies to all applications lodged on or after this date.
• The VAC is set by legislative instrument under the Migration Regulations 1994 and is subject to periodic amendment by the Minister. Practitioners must always confirm the current charge at the time of application.

Processing times (updated as of June 2026)

While the Department publishes a general Visa Processing Time Guide, empirical data as of June 2026 indicates:

• 50% of subclass 400 applications processed within 7 days
• 75% within 17 days
• 90% within 28 days

These figures are derived from Freedom of Information disclosures and may vary depending on case complexity and quality of documentation. Processing for stays over 3 months or with national interest elements can take longer.

Who qualifies and what is permitted work?

Eligibility and permitted work details remain as in previous years. Applicants must be invited or supported by an Australian entity, demonstrate highly specialised and not locally available expertise, and intend a genuinely short, non-ongoing assignment (usually up to 3 months; extensions to 6 months are rare and need strong justification). A Standard Business Sponsorship is not required, but documentation proving the assignment’s specialist nature is routine.

Salary rules and Australian workplace law compliance expectations remain unchanged: while no statutory minimum salary applies to subclass 400, arrangements must conform to Australian employment standards for the occupation and industry.

Risks, scope limits, and compliance

Subclass 400 is strictly for non-ongoing, highly skilled roles—not ongoing recruitment or ordinary labour. The Department retains the right to refuse or limit visa duration where the local labour market test is not satisfied. Work of any sort must not commence until the visa is granted. Breaches, including exceeding duration or purpose, expose the visa holder to potential cancellation under the Migration Act 1958.

For project/technical assignments, urgent interventions, or participation in Australia’s interest, see Sch 2 clause 400.211(c). For ordinary business visitor activity, see the Business Visitor visa section of this guide.

Source: Migration Regulations 1994 (Cth), Sch 2, subclass 400 Source: Department of Home Affairs — Temporary Work (Short Stay Specialist) visa (subclass 400)

A Labour Agreement is a formal accord negotiated between an employer (or regional/industry body) and the Australian Government, authorizing the sponsorship of temporary (subclass 482) and, in many cases, permanent (subclass 186) skilled workers for occupations or conditions not met by standard lists or criteria. Labour Agreements are expressly enabled under Subdivision 2.18.1 of the Migration Regulations 1994 (see regs 2.72J–2.72N), empowering the Minister to enter agreements that vary standard nomination requirements on a case-by-case basis.

Types of Labour Agreements

• Industry Labour Agreements: Pre-set templates for known, persistent shortages (e.g., meat, dairy, hospitality). Current options are listed on the Department of Home Affairs (DHA) Labour Agreements page.
• Company-specific Labour Agreements: Custom agreements for individual employers unable to meet their skilled labour needs via published programs; evidence of failed domestic recruitment and business case is required (see DHA policy, lodgement instructions).
• Designated Area Migration Agreements (DAMAs): Regionally-negotiated frameworks allowing eligible businesses in specific geographic zones to access tailored concessions (per region-specific MOUs published on the DHA site).

Not all agreements enable both subclasses: most allow temporary 482 sponsorship, and some (by express provision) support a pathway to permanent residence via subclass 186. Practitioners should consult the terms of each template or agreement.

Ministerial discretion and possible concessions

Labour Agreements permit the Minister to vary or waive standard nomination requirements, including:

• Occupational eligibility (roles not on Core Skills Occupation List or other standard lists)
• Minimum salary (able to approve below Core Skills Income Threshold (CSIT), if justified)
• English language standards
• Age limits for permanent residence pathways (subclass 186)
• Skills assessment requirements
• Other regulatory settings as agreed

Available concessions, caps, and precise requirements are not automatic; they are stated in the executed agreement and must be supported with evidence as outlined in the Labour Agreements Policy (see DHA—Labour Agreements main page).

Negotiation and application process

1. Request and evidence: Employer initiates request (online), submitting a detailed business case, proof of skill shortage, and evidence of attempted local recruitment (DHA policy, Labour Agreements page).
2. Assessment and negotiation: DHA assesses need, considers industry body or union input (as outlined in policy), and negotiates terms and eligibility.
3. Execution and use: Once executed (generally valid for up to five years per DHA guidance), the employer can nominate workers under the agreement terms (caps and nomination streams stated in the agreement).

Ongoing compliance

Labour Agreement sponsors must meet all obligations typical of standard business sponsors (see regs 2.78–2.87), including not recovering migration costs, maintaining employment conditions, recordkeeping, and cooperating with inspection and monitoring. Non-compliance may lead to bar or cancellation as provided under Part 2 Division 12 of the Migration Act 1958.

Cross-reference: For standard employer-sponsored visa options and salary rules, see 'Skills in Demand' and 'Employer Nomination Scheme' sections above. For project-based or non-standard short-term assignments, see 'Temporary Work (Short Stay Specialist)' (subclass 400).

Source: Migration Regulations 1994 (Cth), Subdivision 2.18.1 Source: Department of Home Affairs — Labour Agreements

The Skilled Work Regional (Provisional) visa (subclass 491) is Australia's principal points-tested regional migration route for skilled workers. It enables eligible skilled foreign workers and their families to live and work in designated regional areas of Australia for up to five years, with a pathway to permanent residence (subclass 191).

## Nomination requirement and eligibility Eligibility for subclass 491 requires a nomination by an Australian state or territory government agency, or sponsorship by an eligible relative residing in a designated regional area. Nominations are governed by clause 491.212 of Schedule 2 to the Migration Regulations 1994. Each state or territory publishes a list of eligible occupations and may set its own nomination criteria (such as state residency, employment offer, or study requirements in a regional area) consistent with the federal legislative framework.

Applicants must:

• Be under 45 years of age at invitation to apply (see Migration Regulations item 491.213);
• Hold an occupation on the relevant skilled occupation list for subclass 491, as defined in the Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019 (as amended), which lists eligible ANZSCO codes;
• Attain a minimum threshold on the points test (currently 65 points: Migration Regulations Schedule 6D);
• Meet English-language, skills assessment, health, and character requirements.
• Pay the current government visa application charge, which as of June 2026, is AUD $4,910 for the principal applicant. This fee is indexed periodically and applicants should confirm the latest charge on the Department of Home Affairs website at the time of application.

## Regional requirements and conditions Holders of the subclass 491 visa must live, work, and study only in designated regional areas, as defined in legislative instruments (currently Migration (LIN 22/038: Regional Areas) Instrument 2022). These areas exclude Sydney, Melbourne, and Brisbane, but include all other areas of Australia. Condition 8579 requires residence in regional Australia while holding the visa.

## Work rights and employer status The visa is not employer-sponsored, but allows unrestricted work for any employer in the regional area. There is no minimum salary requirement prescribed for subclass 491 holders, but visa holders must comply with the usual workplace and tax laws applicable in the relevant state or territory.

## Pathway to permanent residence — Material Update: Income threshold abolished for subclass 191 pathway (mid-2026 update)

Prior to 2026, applicants for the permanent subclass 191 visa were required to meet a minimum taxable income threshold (AUD $53,900 per year for three years). However, Departmental policy and legislative changes have now abolished the minimum income requirement. To qualify for the transition from subclass 491 to subclass 191, visa holders must instead:

• Hold a subclass 491 (or subclass 494) visa for at least three years;
• Have complied with all visa conditions, including residence in a designated regional area for the required period;
• Have lodged Australian Taxation Office Notices of Assessment for at least three income years while holding the regional provisional visa.

There is no longer a specified minimum income amount required for the permanent residence application as of July 2026. This change should be confirmed with Department releases and current Migration Regulations.

## Cross-reference For regional employer-sponsored pathways, see the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) section. For employer-sponsored permanent pathways, see the Employer Nomination Scheme (subclass 186).

Source: Migration Regulations 1994 (Cth), Sch 2, subclass 491 Source: Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019 Source: Migration (LIN 22/038: Regional Areas) Instrument 2022 Source: Department of Home Affairs—Skilled Work Regional (Provisional) visa (subclass 491)

The Temporary Activity visa (subclass 408) offers a lawful route for foreign nationals to engage in specific short-term activities, secondments, or participation in government-approved programs outside standard employer-sponsored or business/conference categories. The subclass 408 is created under Migration Regulations 1994 (Cth), Schedule 2, item 408.211 et seq, and is administered in line with detailed Home Affairs guidance.

## Streams and eligible activities Schedule 2 item 408.212 prescribes that the visa is granted for activities falling within a stream set out in a legislative instrument—the most common being:

• Australian Government Endorsed Events (AGEE): for activities tied to government-designated events (such as pandemic-related critical work or major international sporting/cultural events).
• Special Programs: including prescribed youth exchange or community programs named by ministerial instrument.
• Invited Participant: for individuals specifically invited to participate in events or activities where the invitation is extended by an Australian organization.
• Research, Entertainment, Religious Worker, Sport: Each for the activity described and confirmed by the relevant organization.

Eligibility depends on the applicant’s activity matching the specified stream, and, unless expressly waived (by instrument or departmental policy), requires a sponsoring organization approved by the Department of Home Affairs (regs 408.212–408.213, 408.221). Sponsorship waivers apply in narrow circumstances, such as specified 'Invited Participant' cases, with the criteria and any exceptions defined explicitly in legislative instruments and Department policy.

## Duration and conditions Period of stay is set at the Department’s discretion: up to 3 months for most standard assignments; up to 2 years for some streams (such as for research or sport), as prescribed in Home Affairs’ official stream table and permitted by item 408.214. The precise legal maximum and the Department's policy cap may differ; always check current Home Affairs policy and legislative instruments.

Visa condition 8107 applies: the visa holder must work only in the activity and role as approved in the visa grant—"the holder must not work in Australia other than in relation to the activity specified in the application" (Schedule 8). Breach of this work restriction or participation outside the designated program is a ground for cancellation under s. 116 of the Migration Act 1958.

## Not a substitute for skilled or business visas Subclass 408 is appropriate only where the activity fits a prescribed stream with clear supporting documentation. The Department will refuse applications that attempt to use 408 for ongoing employment or roles more appropriately filled under subclass 482 or 186, as noted in both regulations and public policy.

Example: Participation as an official for an international sporting tournament designated as an AGEE event is eligible, provided all regulatory and documentary requirements are met. By contrast, a general intra-company transfer for a non-designated ongoing managerial role would not qualify.

Source: Migration Regulations 1994 (Cth), Sch 2, subclass 408 Source: Department of Home Affairs — Temporary Activity visa (subclass 408)

## Intra-Company Transfer pathways — sponsoring employees from foreign affiliates (subclass 482 & Labour Agreement streams)

Material changes effective December 2024 and July 2026: Australia no longer refers to subclass 482 as the "Temporary Skill Shortage" (TSS) visa. As of December 7, 2024, it is the "Skills in Demand" (SID) visa, with three streams: Core Skills, Specialist Skills, and Essential Skills. The Labour Agreement pathway structure remains in place for bespoke sponsorship needs and concessions. As of July 1, 2026, salary thresholds have been indexed upwards for Core Skills (AUD 79,499 from 76,515) and Specialist Skills (AUD 146,717 from 141,210), impacting employer eligibility for all relevant intra-company assignments. No changes have been made to requirements for minimum prior overseas employment before transfer.

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Subclass 482 / Skills in Demand — framework and requirements (as of July 2026)

For intra-group assignments, the Australian affiliate sponsors staff from an overseas parent, subsidiary, or related entity under the Skills in Demand visa (subclass 482). The regulations do not require a minimum period of prior employment abroad. Instead, eligibility is determined under the ordinary position-nomination, occupation, and salary requirements:

• Sponsoring entity must be a Standard Business Sponsor (Migration Regulations 1994, rr. 2.72A–2.75A).
• Nominee must fill an occupation on the relevant occupation list (Core Skills or Specialist Skills as specified in current legislative instruments).
• Nominee must satisfy skills, English language, and licensing standards for the occupation per Schedule 2 of the Regulations.
• Salary offered must equal or exceed the higher of the prescribed threshold (CSIT/SSIT, indexed per reg 5.42A; as of July 2026: Core Skills $79,499; Specialist Skills $146,717) or actual market rate. Market rate equivalency is enforced for intra-company transferees as strictly as external hires.
• Labour market testing (LMT) applies unless the nominee is exempt under international trade obligations (see reg. 2.73AA and instrument-based exemptions).

Supporting documents routinely include group organizational charts and evidence of pre-existing employment relationship, but no minimum "overseas tenure" is prescribed.

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Labour Agreement stream — structure and flexibility

Multinational groups with nonstandard roles, multiple transferees, or requirements not met by standard occupation/salary settings may negotiate a company-specific Labour Agreement (Migration Regulations rr. 2.72J–2.72N). These agreements:

• Permit departure from occupation lists, salary minima, English, or age rules (case by case, as negotiated with Department of Home Affairs);
• Remain the only route for bespoke intra-company transfer terms, capped and monitored per agreement;
• Do not require specific overseas-tenure or "rotational transfer" elements unless negotiated into the agreement.

Sponsors must comply with all standard business sponsor obligations unless specifically varied in an executed Labour Agreement.

Both the SID (subclass 482) and Labour Agreement routes require:

• Work for the nominating entity exclusively (see r. 2.86(c)),
• Ongoing satisfaction of sponsorship and visa conditions,
• Assignment to third parties is not permitted; breach may result in visa cancellation (Migration Act 1958 s. 116).

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Summary of changes

• Subclass 482 is now "Skills in Demand" (SID), not TSS; all references updated for accuracy.
• Salary thresholds increased as of July 1, 2026.
• No changes to Labour Agreement mechanism as of June 2026.
• No new minimum period of overseas service for transferees as of this update.

Source: Migration Regulations 1994 (Cth), rr. 2.72–2.75, 2.72A–2.75A, 2.72J–2.72N, 2.73AA, 5.42A Source: Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 Source: Department of Home Affairs — Skills in Demand visa (subclass 482) Source: Department of Home Affairs — Labour Agreements Source: Department of Home Affairs — Salary requirements to nominate a worker

These amendments are current as of July 2026. Practitioners must check eligibility and salary settings as revised by subsequent legislative instruments at nomination date. Transitional rules may affect applications lodged prior to each change.

Australia’s General Skilled Migration (GSM) program is the principal pathway for skilled workers to obtain permanent residence without employer sponsorship. The GSM framework is built around two key subclasses: the Skilled Independent visa (subclass 189) and the Skilled Nominated visa (subclass 190), as legislated in the Migration Act 1958 (Cth) and prescribed by the Migration Regulations 1994.

Subclass 189 — Skilled Independent

Applicants for subclass 189 must:

• Lodge an Expression of Interest (EOI) via SkillSelect;
• Score at least 65 points on the GSM points-test (Migration Regulations 1994, Schedule 6D, item 189.212);
• Be invited by the Minister to apply;
• Nominate an occupation on the Medium and Long-term Strategic Skills List (MLTSSL), specified in legislative instruments (see Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019);
• Obtain a positive skills assessment from the relevant authority (as listed in the same instrument);
• Be under 45 years of age at the time of invitation (item 189.211);
• Meet English-language, health, and character requirements.

Subclass 189 is not tied to a state/territory or specific employer. Invitations are issued based on ranking within SkillSelect, occupation ceilings, and national planning priorities. All features are set out in Schedule 2 to the Migration Regulations 1994.

Subclass 190 — Skilled Nominated

The subclass 190 visa is similar but requires nomination by a state or territory government (item 190.211, Schedule 2). Additional requirements:

• Nominate an occupation on a state/territory occupation list, which must also be on the federal skilled occupation list (state lists are determined by each state according to allocations notified by the Department);
• Receive an additional five points on the test for obtaining a nomination (Schedule 6D, item 6D10.7);
• State and territory governments may require visa holders to commit to live and work in the nominating jurisdiction, but as of June 2026, this is a matter of nomination policy and practical monitoring—not a federal visa condition prescribed by the Migration Regulations 1994. State-level compliance monitoring is outlined on individual state government official pages and in Departmental guidance but is not codified in federal regulation.

Points-Test Structure

Points are awarded for:

• Age (up to 30 points for ages 25–32; Schedule 6D item 6D10.1);
• English-language proficiency (up to 20 points; item 6D10.2);
• Employment history (in and outside Australia);
• Qualifications (PhD—20 points; Bachelor or Master’s—15 points; item 6D10.4);
• Australian study, specialist credentials, partner qualifications, and other factors outlined in Schedule 6D.

Points requirements may change depending on competition; 65 is the minimum, but higher scores are regularly needed for invitation.

Application Flow

• Submit EOI in SkillSelect;
• Receive invitation (if ranked high enough);
• Apply for the relevant subclass and provide documentary evidence;
• Departmental assessment of eligibility, points, and supporting documents;
• Grant of permanent visa provides indefinite work rights, Medicare, and a pathway to citizenship under the Australian Citizenship Act 2007.

Cross-reference: For employer-nominated (subclass 186, 482), regional (491, 494), or specialist (400, 408) pathways, see relevant sections in this guide.

Source: Migration Regulations 1994 (Cth), Sch 2 & 6D, subclass 189 & 190 Source: Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019 Source: Department of Home Affairs — Points tested visas

Australian migration law enables spouses and de facto partners of principal visa holders to work in Australia, but the scope of work rights varies significantly depending on the visa subclass and the visa conditions imposed at grant, chiefly as enumerated in Schedule 8 to the Migration Regulations 1994.

Principal employer-sponsored visas (subclass 482, 186, 494, 400):

• Dependents (spouse or de facto partner) of most principal skilled or employer-sponsored visa holders are typically granted full work and study rights. This is not by express statutory grant, but by the practice of omitting work-restrictive visa conditions (notably, conditions 8104 and 8105) for secondary applicants under these subclasses. Department of Home Affairs policy and the absence of these conditions in the Schedule for most employer-sponsored streams confirm that, in the ordinary course, secondary applicants may work without occupation or hours restriction while their visa is valid. However, ultimate confirmation is always by reference to the individual’s visa grant notice and VEVO record. Migration Regulations 1994 Schedule 8, in conjunction with specific subclass instruments, governs these conditions.

Student visa (subclass 500):

• The work rights of dependents are prescribed by condition 8104. Spouses/partners of students pursuing a master’s degree (by coursework or research) or doctorate may work unlimited hours once the principal’s course commences. If the student is studying at a lower qualification level, the dependent is generally subject to the same restriction as the student: a maximum of 48 hours per fortnight while the course is in session, as specified in condition 8104 and reflected on the Department’s official subclass page.

Temporary Graduate (subclass 485):

• Partners of principal subclass 485 visa holders are generally not subject to work-limiting visa conditions and may work without formal restriction, in line with Departmental policy and the absence of restrictive conditions at grant.

Confirmation mechanism:

• The controlling source for any secondary applicant’s right to work is the visa grant notice as reflected in the VEVO system, which sets out actual attached conditions in accordance with the Migration Regulations and relevant subclass instruments. There is no universal statutory rule: the presence or absence of condition 8104 or 8105 on the specific visa grant determines work rights in practice.

Citations:

• Migration Regulations 1994, Schedule 8 (specifies visa conditions and restrictions for secondary visa holders)
• Department of Home Affairs: Dependent family member work rights under Student (subclass 500)

Cross-reference: For primary skilled and temporary visa pathways, see other sections in this guide. For payroll/tax obligations related to hiring dependents, refer to the Australia — Hiring and Payroll Setup guide.

Source: Migration Regulations 1994 (Cth), Sch 8, conditions 8104 & 8105 Source: Department of Home Affairs – Dependent (secondary) applicants work rights

The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) is Australia’s main employer-nominated regional visa, open to skilled workers nominated by employers in designated regional areas—defined as all of Australia except Sydney, Melbourne, and Brisbane (Migration (LIN 22/038: Regional Areas) Instrument 2022).

Material updates effective March–July 2026:

• The Temporary Skilled Migration Income Threshold (TSMIT) is increasing to AUD $79,499 for all new nominations from 1 July 2026 (previously $76,515).
• The Annual Market Salary Rate (AMSR) definition and supporting evidence were expanded by legislative amendment (LIN 26/056, effective 25 March 2026), allowing more flexible proof (employment contracts/market reports) in addition to industrial awards.
• The occupation and assessing authority instrument (LIN 19/051) was amended in April 2026 (LIN 26/049) to update specific occupation-assessment pairs. Sponsors must check the occupation list and relevant assessing authority in force at the time of nomination.

Eligibility summary:

• Applicant must be nominated by an employer lawfully operating in a designated regional area; the position must be in that area (Migration Regulations 1994 (Cth), Sch 2, subclass 494.211; Migration (LIN 22/038)).
• Occupation must appear on the current skilled occupation list for subclass 494, with assessing authority as per the latest LIN instrument (review most recent amendment).
• Applicant must be under 45 years old at application, unless exempted by legislative instrument.
• Competent English required (as set by the instrument in force at application).
• Skills assessment required for the nominated occupation unless exempted.
• Employer must hold Standard Business Sponsor (SBS) approval (regs 2.72A–2.75A) and certify salary at or above both the AMSR and the TSMIT then in force.

Visa duration, work condition, and region restriction:

• Subclass 494 visa is valid for five years. Condition 8579 requires living, working, and studying only in designated regional areas while the visa is valid.

Permanent residence pathway — subclass 191:

• After three years on subclass 494 and meeting the taxable income threshold for each year (as specified in the legislative instrument at date of subclass 191 application), the holder may apply for the Permanent Residence (Skilled Regional) visa (subclass 191).

Sponsor obligations:

• Sponsors must comply with all obligations under rr. 2.78–2.87 (market salary, no cost recovery from worker, notification of changes, inspector cooperation). Breaches may cause sponsor bar, fines, or approval cancellation.

Material changes (salary threshold and occupation/assessment) effective from March–July 2026. Always check the current legislative instrument at the time of nomination.

Cross-reference: See the subclass 491 section for points-tested regional migration, and the General Skilled Migration section for detailed occupation and skills assessment regulation.

Source: Migration Regulations 1994 (Cth), Sch 2, subclass 494 Source: Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019, as amended by LIN 26/049 (2026) Source: Migration (LIN 26/056: AMSR Evidence) Source: Migration (LIN 22/038: Regional Areas) Instrument 2022 Source: Department of Home Affairs—Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)