EMC Australia logo with a graphic titled 482 Labour Agreement stream, showing three points for workers

If an Australian employer has offered to sponsor you under a labour agreement, you may be applying for a Skills in Demand visa (subclass 482) in the Labour Agreement stream. This stream works differently from the Core Skills and Specialist Skills streams, because many of its requirements are set by the agreement between your employer and the Australian Government. This article explains what the Migration Regulations 1994 require, how your work conditions operate once you hold the visa, and what to ask your employer before you accept.

Your occupation must be in the agreement

The Migration Regulations 1994 require your nominated occupation to be the subject of a labour agreement between the Australian Government and the employer who nominated you. The agreement must also allow the employment of people who will hold a subclass 482 visa.

If your occupation is not covered by the agreement, this stream will not be available for that role.

The work experience requirement

The Regulations give two ways to meet the work experience requirement. The first is to have worked in the nominated occupation or a related field for a total of at least 12 months of full-time work, or the equivalent. Full-time, part-time or casual work can count, and the work must have been done in the 5 years ending immediately before the day you apply.

The second way is to have worked in the occupation or a related field for the period, if any, that the labour agreement specifies for that occupation. Home Affairs reflects this by stating that the 12-month requirement applies unless otherwise specified in the labour agreement.

Skills, qualifications and English

In this stream, the skills, qualifications and employment background you need, and the way you show you have the skills to do the job, follow what the labour agreement specifies for the occupation. Any skills assessment and English language requirements also follow what the agreement specifies. Because these details differ between agreements, check exactly what your employer's agreement says about your occupation.

Your work conditions once you hold the visa

Once you hold the visa, condition 8607 sets out how you may work. Generally, you must work only in your nominated occupation, and only for the employer who nominated you. Home Affairs describes this in the same way: you work in Australia only in the occupation you were nominated for, and only for the nominator who has a labour agreement with the Commonwealth.

The condition also sets a start deadline. If you are outside Australia when the visa is granted, you must start work within 90 days of arriving. If you are in Australia when it is granted, you must start work within 90 days of the grant.

The condition sets out a small number of exceptions to the requirement to work only for the employer who nominated you. One example is continuing to work for an employer to meet a notice requirement under a law relating to industrial relations.

You must also not do work that is inconsistent with any licence, registration or membership that is mandatory for your nominated occupation where your position is located.

If you stop working for your sponsor

Condition 8607 allows you to stop working in line with these requirements for a period. Each period must not be more than 180 consecutive days, and the total must not be more than 365 days during your visa period.

The Government's explanatory statement for the change that started on 1 July 2024 explains that, during this time, you may be unemployed or may work for another employer, including in an occupation that is not your nominated occupation. Home Affairs also states that if you have been laid off and are unemployed, you have up to 180 days to find a new employer or make arrangements to leave Australia. The licence and registration rule continues to apply throughout. Days you have already spent outside these requirements count towards the 365-day total, so you may have less time available. If you go beyond these limits, you will not be complying with your visa condition, and your visa may be cancelled.

Before you accept an offer

Ask your employer to confirm that your occupation is in its labour agreement, and to explain the work experience, skills and English requirements that apply to you. We can explain the requirements that apply to your situation.

Read our guide to work and skilled visas

Read about the Skills in Demand visa (subclass 482)

Compare the work experience rule in the 482 Core Skills stream