Subclass 482 — Skills in Demand

482.1—Interpretation

482.111

In this Part: nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application.

482.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 482 visa include criteria set out in streams. An applicant must satisfy the criteria in Subdivision 482.21 and also in one of Subdivisions 482.22 to 482.24. The primary criteria must be satisfied by the applicant for a visa in a stream. The other members of the applicant’s family unit who are applicants for a visa of this subclass must satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.

482.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 482 visa.

482.211

If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

482.212

(1) Each of the following applies:

(a) the nomination identified in the application has been approved under section 140GB of the Act;

(b) the person who made the nomination was an approved work sponsor at the time the nomination was approved;

(c) the approval of the nomination has not ceased under regulation 2.75.

(2) Both of the following apply:

(a) the applicant’s intention to perform the nominated occupation is genuine;

(b) the position associated with the nominated occupation is genuine.

482.213

Either:

(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b) both of the following apply:

(i) the applicant has engaged in such conduct in that period;

(ii) the Minister considers that it is reasonable to disregard the conduct.

482.214

The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.

482.215

If the nominated occupation is a medical practitioner, the applicant’s qualifications are recognised by the relevant authority in Australia for the registration of medical practitioners as entitling the applicant to practise as a medical practitioner.

482.216

Either:

(a) there is no adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person; or

(b) it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person.

482.217

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4013, 4014, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

482.218

The applicant satisfies special return criteria 5001, 5002 and 5010.

482.22—Criteria for Specialist Skills stream

Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Specialist Skills stream.

482.221

(1) The Minister is satisfied that:

(a) the applicant has carried out (whether on a full-time, part-time or casual basis) a period or periods of work in the nominated occupation or a related field; and

(b) the total period of work carried out is, or is equivalent to, at least 12 months full-time work; and

(c) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made.

(2) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.

(3) If the Minister requires the applicant to demonstrate that the applicant has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that the applicant has those skills in the manner specified by the Minister.

482.222

(1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.

(2) If the Minister requires the applicant to demonstrate the applicant’s English language proficiency, the applicant demonstrates their English language proficiency in the manner specified by the Minister.

482.223

Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):

(a) the applicant is employed to work in the nominated occupation; and

(b) the applicant is employed to work in a position in:

(i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved— the person’s business; or

(ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved— the person’s business or a business of an associated entity of the person.

482.23—Criteria for Core Skills stream

Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Core Skills stream.

482.231

(1) The Minister is satisfied that:

(a) the applicant has carried out (whether on a full-time, part-time or casual basis) a period or periods of work in the nominated occupation or a related field; and

(b) the total period of work carried out is, or is equivalent to, at least 12 months full-time work; and

(c) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made.

(2) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.

(3) If the Minister requires the applicant to demonstrate that the applicant has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that the applicant has those skills in the manner specified by the Minister.

482.232

(1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.

(2) If the Minister requires the applicant to demonstrate the applicant’s English language proficiency, the applicant demonstrates their English language proficiency in the manner specified by the Minister.

482.233

Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):

(a) the applicant is employed to work in the nominated occupation; and

(b) the applicant is employed to work in a position in:

(i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved— the person’s business; or

(ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved— the person’s business or a business of an associated entity of the person.

482.24—Criteria for Labour Agreement stream

Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Labour Agreement stream.

482.241

Both:

(a) the nominated occupation is the subject of a work agreement between the Minister and the person who nominated the nominated occupation; and

(b) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 482 visa.

482.242

Either:

(a) all of the following apply:

(i) the applicant has carried out (whether on a full-time, part-time or casual basis) a period or periods of work in the nominated occupation or a related field;

(ii) the total period of work carried out is, or is equivalent to, at least 12 months full-time work;

(iii) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made; or

(b) the applicant has worked in the nominated occupation or a related field for the period (if any) specified by the Minister in the work agreement mentioned in clause 482.241:

(i) for the nominated occupation; and

(ii) for the visa.

482.242A

(1) The applicant has the skills, qualifications and employment background (if any) specified by the Minister in the work agreement mentioned in clause 482.241:

(a) for the nominated occupation; and

(b) for the visa.

(2) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the nominated occupation in the manner (if any) specified by the Minister in the work agreement mentioned in clause 482.241:

(a) for the nominated occupation; and

(b) for the visa.

(3) If a manner specified in the work agreement for the purposes of subclause (2) is that the applicant’s skills must be assessed as suitable for the nominated occupation, all of the following apply:

(a) the applicant’s skills have been assessed as suitable for the nominated occupation by:

(i) if there is a relevant assessing authority for the occupation—the relevant assessing authority for the occupation; or

(ii) otherwise—the person or body specified by the Minister in the work agreement for the occupation;

(b) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period has not ended;

(c) if paragraph (b) does not apply—not more than 3 years have passed since the date of the assessment.

482.243

(1) The applicant satisfies any language test requirements (if any) specified by the Minister in the work agreement mentioned in clause 482.241:

(a) for the nominated occupation; and

(b) the visa.

(2) The applicant demonstrates their English language proficiency in the manner (if any) specified by the Minister in the work agreement mentioned in clause 482.241:

(a) for the nominated occupation; and

(b) for the visa.

482.3—Secondary criteria

482.311

If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

482.312

(1) The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa.

(2) If the applicant is a member of the family unit of the primary applicant in the circumstances described in subregulation 1.12(5), the applicant:

(a) is a spouse or de facto partner of the primary applicant; or

(b) is a child or step-child of the primary applicant or of a spouse or de facto partner of the primary applicant (other than a child or step-child who is engaged to be married or has a spouse or de facto partner) and:

(i) has not turned 23; or

(ii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the primary applicant or on the spouse or de facto partner of the primary applicant; or

(c) is a dependent child of a person who meets the conditions in paragraph (b).

482.313

Either:

(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b) both of the following apply:

(i) the applicant has engaged in such conduct in that period;

(ii) the Minister considers that it is reasonable to disregard the conduct.

482.314

The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.

482.315

Either:

(a) the applicant is listed on the nomination identified in the primary applicant’s application; or

(b) the approved work sponsor or former approved work sponsor who has the most recent approved nomination under section 140GB of the Act of an occupation in relation to the primary applicant for the visa mentioned in subclause 482.312(1) has agreed in writing that the applicant may be a secondary sponsored person in relation to the approved work sponsor or former approved work sponsor.

482.316

Either:

(a) there is no adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person; or

(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person.

482.317

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4013, 4014, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant had not turned 18 at the time of application, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

482.318

The applicant satisfies special return criteria 5001, 5002 and 5010.

482.4—Circumstances applicable to grant

482.411

The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

482.5—When visa is in effect

482.511

(1) A temporary visa permitting the holder:

(a) to travel to, and enter, Australia on multiple occasions; and

(b) to remain in Australia;

during the period that:

(c) starts when the visa comes into effect; and

(d) ends in accordance with the following table.

End of visa period Item Column 1 Column 2 If … the period ends at … 1 (a) the holder satisfied the primary criteria for the the end of the period of stay grant of the visa; and proposed in the nomination

(b) item 2 does not apply; identified in the application for the visa, starting on the date of grant of the visa.

2 the holder: the end of the period of 5 years

(a) satisfied the primary criteria for the grant of the starting on the date of grant of the visa; and visa.

(b) on the date of grant of the visa, holds:

(i) a Hong Kong passport in a class specified under subclause (2) of this clause; or

(ii) a British National (Overseas) passport;

3 (a) the holder satisfied the secondary criteria for the the end of the period the primary grant of the visa (the secondary visa) as a applicant is permitted to remain in member of the family unit of a person (the Australia under the primary visa. primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa):

(i) a Subclass 457 (Temporary Work (Skilled)) visa;

(ii) a Subclass 482 (Skills in Demand) visa; and

End of visa period Item Column 1 Column 2 If … the period ends at …

(b) items 4 and 5 do not apply;

4 (a) the holder (the secondary applicant) satisfied the the earlier of: secondary criteria for the grant of the visa (the (a) the end of the period the secondary visa) as a member of the family unit, primary applicant is permitted in the circumstances described in to remain in Australia under the subparagraph 1.12(2)(b)(ii) or primary visa; and subregulation 1.12(5), of a person (the primary applicant) who satisfied the primary criteria for (b) the end of the day before the the grant of one of the following visas (the secondary applicant’s 23rd primary visa): birthday.

(i) a Subclass 457 (Temporary Work (Skilled)) visa;

(ia) a Subclass 482 (Skills in Demand) visa;

(ii) a Subclass 482 (Temporary Skill Shortage) visa; and

(b) the secondary applicant is not dependent on the primary applicant or the spouse or de facto partner of the primary applicant in the circumstances described in paragraph 1.05A(1)(b); and

(c) item 5 of this table does not apply;

5 (a) the holder (the secondary applicant) satisfied the the end of the period the primary secondary criteria for the grant of the visa (the applicant is permitted to remain in secondary visa) as a member of the family unit of Australia under the primary visa. a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa):

(i) a Subclass 457 (Temporary Work (Skilled)) visa;

(ia) a Subclass 482 (Skills in Demand) visa;

(ii) a Subclass 482 (Temporary Skill Shortage) visa; and

(b) on the date of grant of the primary visa, the primary applicant holds:

(i) a Hong Kong passport; or

(ii) a British National (Overseas) passport; and

(c) if:

(i) the primary visa is a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020 or a Subclass 482 (Skills in Demand) visa granted on or after 7 December 2024; and

(ii) on the date of grant of the primary visa, the primary applicant holds a Hong Kong passport and does not hold a British National (Overseas) passport;

End of visa period Item Column 1 Column 2 If … the period ends at … the Hong Kong passport is, on the date of grant of the primary visa, in a class specified under subclause (2) of this clause;

(2) The Minister may, by legislative instrument, specify a class of Hong Kong passports for the purposes of items 2 and 5 of the table in subclause (1).

482.6—Conditions

482.611

If the applicant satisfies the primary criteria for the grant of the visa, condition 8607 must be imposed.

482.612

Condition 8501 must be imposed.

482.613

Condition 8303 may be imposed.