Employment immigration law in Australia: your questions answered

Yes. WHV holders can work in any occupation while holding an eligible working holiday visa.

Yes. Candidates can transition from a WHV to a longer-term visa depending on the business needs, as well as their relevant work experience and qualifications. 

A training visa may be an option in some cases; however, it must be used for a genuine training opportunity designed to improve the employee’s skills in a specific occupation. It is not intended to simply extend their employment with the business.

The Skills in Demand visa (subclass 482) is another common pathway that can offer WHV holders a longer-term visa option where the business has a genuine need to fill a skilled role.

apply for permission to work for the same employer for more than 6 months in certain circumstances.

The Department of Home Affairs may allow work beyond 6 months where, for example:

• The employee has applied for a Skills in Demand (subclass 482) visa, subclass 186 visa or another substantive visa and is awaiting a decision.
• The work is in an exempt industry or occupation covered by a current legislative instrument.
• There are exceptional circumstances affecting the employer.
• The employee requests permission directly from the Department and the Department grants it.

The employee must generally apply for permission before reaching the 6-month limit if an exemption does not automatically apply.

Yes, but it would require that the business lodge a brand new nomination and visa application. There is no extension to the 482.

If an employee’s title or role changes while they are on a 482 visa, the first step is to assess whether the new role remains within the same ANZSCO unit group and whether the duties are similar to the nominated occupation.

Where the change is minor or the new role is a natural progression from the original position, no further action is generally required. However, if the role has materially changed or falls under a different occupation group, a new nomination may be required.

You would need to seek advice to confirm the new position can still be sponsored under the same occupation. It can be challenging to switch occupations if the role is too far off from what they are already sponsored on.

No, not until the 482 visa expires and the Bridging Visa comes into effect. They must remain compliant with the 482 visa conditions while they are still on that visa.

Sponsored employees have the same rights as other employees regarding termination on performance grounds. 

If the employee is protected by unfair dismissal (because they have been employed at least 6 months in a company with 15 or more employees or 12 months in a smaller company), the employer would have been required to follow a robust performance improvement procedure, which gave them the opportunity to improve and clear warnings of what would happen if they didn’t, before letting them go.

Once the termination takes effect, the sponsoring entity must notify the Department of Home Affairs of the change in the employee’s circumstances.

• Temporary Resident Transition Stream: 10 – 14 Months
• Direct Entry Stream: 10 – 20 Months

No, a skills assessment is not a requirement when transitioning from the 482 visa to the 186 through the temporary resident transition stream. 

Candidates only require a positive skills assessment when applying for a 186 visa through the Direct Entry Stream. 

No, there’s no legal requirement to do this, however we recommend it to demonstrate a genuine need for the role.

You can, granted they meet the relevant eligibility criteria for the 186 Direct Entry Visa. As a general guide, the criteria is a positive skills assessment + three years of highly relevant work experience in the nominated occupation.

Generally speaking, Bridging Visas carry the same conditions from the visa the candidate held when they applied for the subsequent visa. There are a few intricacies around Bridging Visas so we recommend seeking professional advice.

The same title is not completely necessary, but within reason.

For most 482 applications, you do need to undertake Labour Market Testing (advertising of the role). There are certain provisions in place where LMT is exempt but only in very specific circumstances.

Yes. There is no requirement for you to hire those Australians who have applied for the role. You would need to justify that the overseas worker is the best fit for the role.

Yes. You should always ask candidates to confirm their visa status and work rights during the recruitment process. This will help you better understand whether they can legally work in Australia and whether any restrictions apply.

Immigration Specific Salary Thresholds: New thresholds are only applicable to nominations lodged after 1 July 2026.

Visa costs vary case by case. Techvisa can provide you with a cost breakdown for the relevant visa subclass.

This is a complex area and requires professional advice dependent on your own individual circumstances.

No. You will just need to keep internal records showing this change of location.

No. They don’t need to have a different ABN. It just needs to be a different working location for the same business.

Yes, you just need to ensure they do not exceed 6 months in the one location.

You can find more information on the Department of Home Affairs website here.

Quarterly is ideal.

Yes. The recommendation is to perform VEVO checks regularly.

This applies to 482 visas and they must request it in writing from the business. You can find more info on the Department of Home Affairs website. 

Yes. The exemption applies to clerical or administrative staff where their role is genuinely connected to providing or supporting health care services.

Yes. Early Childhood Teachers can obtain PR through the direct entry pathway, subject to their individual eligibility and a positive skill assessment/registration.