Subclass 482 - Labour Agreement Stream
The Subclass 482 Labour Agreement stream offers up to four years’ visa validity and helps employers fill skilled roles when local workers aren’t available.
About this visa
This visa stream provides flexibility and opportunities for both employers and workers, addressing unique workforce requirements effectively. It is particularly beneficial for employers facing challenges in meeting their skilled Australian workforce needs from the local labor market. The Subclass 482 Visa under a Labour Agreement can have a validity of up to four years.
Eligibility for Applicant
| Labour Agreement Stream | ||
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| Occupation | Applicants must meet the occupation requirements specified in the labour agreement for the nominated position. | |
| Age | No age limit | |
| Approved Sponsor Nomination |
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| Work Experience |
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| Skills Assessment |
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| Intent to Work |
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| English Language |
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| Health & Character |
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| Health Insurance |
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Eligibility for Sponsor
Labour Agreement
The business must be a party to a specific type of labour agreement, as outlined in the relevant agreement categories. These include industry agreements, Designated Area Migration Agreements (DAMA), Project Agreements (PA), company-specific agreements, and Global Talent Employer Sponsored (GTES) agreements.Lawful Operation
The business must be actively and lawfully operating in Australia, complying with all applicable Australian laws and regulations.Genuine Need
In general, unless specifically exempt or subject to a labor agreement concession, the sponsoring business must establish a genuine need for skilled employees within their business operations. This should encompass a clear rationale for the unavailability of suitable Australian employees for the designated positions, as well as a demonstrated commitment to addressing this need.
Additionally, the position must be a genuine, full-time role included in the employer’s labor agreement.
NOTE: Some labor agreements may impose extra prerequisites for particular occupations, such as work experience, location, business type, or position nature.Compliance with Agreement Conditions
The business must meet any conditions specified in the relevant labour agreement. The nature of these conditions may vary depending on the specific agreement type, so it’s important to refer to the agreement for precise details.Adverse Information
The business must not have any adverse information known that would affect its suitability as an approved sponsor. Adverse information encompasses a range of factors, such as contraventions of immigration, industrial relations, or taxation laws, pending investigations or disciplinary actions, administrative actions for possible law contraventions, insolvency, or the provision of false or misleading information to the Department of Home Affairs (DoHA).Sponsor Obligations
Businesses approved for TSS visa sponsorship under a labor agreement must meet specific DOHA-imposed obligations. These aim to protect overseas workers and ensure proper visa program usage.
Note: Approved sponsors cannot recover labor agreement or nomination application costs, including migration agent fees and Skilling Australians Fund levies. However, they may be eligible for GST or tax deductions related to labor agreement fees. Seek independent tax advice if applicable. Approved sponsors must maintain specific records, including annual turnover and Skilling Australians Fund levy payment details. These records must be provided to the DOHA upon request.
Nomination
The position must offer a salary of at least:
- $53,900 per year (excluding non-monetary benefits) AND
- the annual market salary rate (AMSR) for your nominated occupation.
NOTES: The AMSR for your nominated occupation (excluding non-monetary benefits) must also be equal to or greater than $53,900 per year. The AMSR represents the salary that an Australian worker earns (or would earn) for performing equivalent full-time work in the same workplace and location for a year. If your salary is over $250,000 per year, you are exempt from this requirement. Any concessions to this requirement will be outlined in the labor agreement.
The position’s employment conditions (excluding earnings) must not be less favorable than those applied (or would apply) to Australians performing equivalent work in the same location.
The position must have undergone ‘Labour Market Testing’ (LMT), which means the sponsor must have attempted to recruit a suitably skilled and qualified Australian for the nominated position. This entails providing evidence that the position was advertised within the last 4 months for a minimum of 4 weeks.
NOTE: Different LMT criteria may apply in specific situations. The evidence submitted for LMT must meet specific criteria related to location, type, and content of the advertisement. Please contact us for further information regarding the required LMT for your nomination.
Process
Labour Agreement Request
Nomination
Visa Application
Stay Period
When applying for a 482 SID nomination, the visa can be granted up to 4 years.
Hong Kong passport holders may be granted up to 5 years.
Permanent Resident Pathway
The Applicant has only one option when transitioning from a 482 SID visa (Labour Agreement Stream) to a 186 Employer Nomination Scheme (ENS) Permanent Residence visa:
Temporary Residence Transition (TRT) Stream |
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The TRT stream is designed for 482 visa holders who have worked with the same employer for a minimum of 2 years and continue to meet specific eligibility criteria. It provides a streamlined pathway to a 186 visa while remaining with the same employer. |
Employer Rights and Obligations
If a 482 visa holder ceases employment, whether voluntarily or involuntarily, the employer must notify the Department of Home Affairs within 28 days.
Employee Rights and Obligations
482 visa holders must commence employment within 90 days of the following dates:
If granted the visa while outside Australia – within 90 days of entering Australia;
If granted the visa while in Australia – within 90 days of visa grant.
From 1 July 2024, if a 482 visa holder ceases employment with their sponsoring employer, they will have up to 180 days at a time, or 365 days in total to find a new sponsor.
During this period, visa holders may:
Work for other employers; and
Work outside their nominated occupation.
Cost
Payable by employer
| Cost | |
|---|---|
| Sponsorship Fee | AUD 420 |
| Nomination Fee | AUD 330 |
| Skilling Australians Fund Levy |
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Payable by employee
| Cost | |
|---|---|
| Primary Applicant | AUD 3,210 |
| Secondary Applicants (aged 18 and over) | AUD 3,210 each |
| Dependent Children (under 18) | AUD 805 each |
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Frequently Asked Questions
Can a Labour Agreement let us pay below CSIT/SSIT?
Sometimes—if the agreement explicitly provides a salary concession (common in some DAMAs), but you still must meet the Annual Market Salary Rate (AMSR) and offer conditions no less favourable than for Australians. Current benchmarks (absent concessions) are CSIT for SID/482 Core Skills and SSIT for SID/482 Specialist; CSIT also applies to 186 nominations lodged from 7 Dec 2024. Concession settings are agreement-specific and not automatic.
If a 482 holder moves from a Labour Agreement employer to a Standard Business Sponsor, do they need a new visa?
Yes. DOHA guidance states a new visa application is required when moving from an LA to a standard sponsor. Changing duties to a new occupation also triggers a new visa. Nominations must be approved before starting with the new employer; the 180-day/365-day flexibility applies.
How does Labour Market Testing (LMT) work under a Labour Agreement?
Most LA nominations still require LMT unless your agreement waives or varies it. As a rule of thumb, expect advertising for at least 4 consecutive weeks within a recent window, with strict ad content rules; some DAMAs also ask for LMT evidence at endorsement and again at nomination. Failure on LMT is a common refusal reason. Always follow the stream-specific instructions and any LA-specific variations.
Can a Labour Agreement cover occupations not on the standard lists?
Yes. That is a core purpose of LAs—where the standard programs don’t fit, an LA can specify additional occupations (still referenced to ANZSCO) and tailored settings for a business/region/industry (e.g., DAMA). Types include Company-Specific, Industry, DAMA, Project and GTES agreements.
Are PR pathways guaranteed under Labour Agreements?
No, PR is not automatic. Many LAs (and several DAMAs) include a pathway to ENS/186 after defined periods (some specify 2 years), while others route via 494 → 191 or provide no PR at all. Your LA instrument (or DAMA occupation list) controls PR eligibility, timing, and any concessions (e.g., age/English).
How long does an LA last, and what if settings change mid-term (e.g., CSIT increase)?
LAs are generally valid for five years. New policy settings (e.g., CSIT/SSIT increases from 1 Jul 2025) apply to new nominations lodged after the effective date unless your LA/DAMA expressly provides a concession. Existing visas remain under their granted conditions. Some changes can be handled via an LA variation; for example, DAMA authorities published guidance to vary TSS→SID references post-Dec 2024.
What are the top refusal risks for LA nominations?
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Salary non-compliance (below AMSR or required threshold; misusing concessions).
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LMT defects (wrong platform, missing mandatory fields, not 4 consecutive weeks, out-of-window).
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Role/occupation mismatch with the LA instrument; licensing/registration gaps.
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Weak evidence of genuine position or business capacity.
These are the most frequent “own goals” we see and are avoidable with early document mapping against the LA terms and DOHA policy pages.
If a 482 (LA stream) worker’s job ends, can they work elsewhere while finding a new sponsor?
Yes. From 1 July 2024, 482 holders can cease work or work outside their nominated role for up to 180 days at a time, or 365 days in total across the visa period while they line up a new nomination. This flexibility applies to LA stream holders too; ensure lawful status and get the new nomination approved before starting with the new sponsor.
