Employment immigration law in Australia: your questions answered

If you’ve ever tried to sponsor an overseas worker, you’ll know that the process raises ten new questions for every answer you find. Visa types, salary thresholds, location rules and  VEVO checks are just some of the things you’ll need to know and the consequences of getting it wrong are very real.

On 9 June 2026, Employment Hero hosted a live webinar, Employment Essentials: Immigration Law for Australian Employers, to help employers understand this complicated topic of employment. Simon Obee, Head of HR Advisory at Employment Hero, was joined by Sam Bricknell, CEO and co-founder at Techvisa, to walk through the key considerations shaping how Australian employers hire and manage international talent.

The session covered:

• Employer sponsorship and visa pathways
• Australian employment law obligations when employing visa holders
• Common compliance risks 
• Practical considerations for workforce planning and recruitment

The questions that came in during the session showed just how much uncertainty exists in this space, from working holiday visa rules and 482 sponsorship obligations through to employee rights and contractor classification.

We’ve pulled together the most common questions below, along with answers from Sam Bricknell from Techvisa, so you can find the answers most relevant to your business.

Visa eligibility and pathways

Working holiday visas (WHV)

Can a WHV holder do any type of work in Australia?

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

Is there a pathway for a WHV holder to transition to a longer-term visa, such as a training 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.

Can a WHV holder apply for an exemption to continue working with the same employer beyond the six-month limit?

Yes. A Working Holiday Maker (subclass 417) or Work and Holiday (subclass 462) visa holder can 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.

Subclass 482 (temporary skill shortage) visa

Does the two-year 482 visa have any pathway to extend for an additional year?

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

What is the process if an employee’s title or role changes while they’re on a 482 visa?

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.

If a 482 visa holder receives an invitation to apply for a state-nominated 190 visa, does the 482 become invalid?

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.

What are the legal guidelines for terminating a sponsored 482 visa holder due to performance issues?

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.

Subclass 186 (employer nomination scheme) visa

What is the average processing time for a subclass 186 visa?

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

Does an employee need to complete a positive skills assessment when transitioning from a 482 to a 186 after two years?

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. 

Is it compulsory to advertise a role for a 186 direct entry visa when sponsoring an existing employee?

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

If an employee on a working holiday visa is a high performer, can an employer sponsor them for a 186?

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.

Other visa types and bridging visas

What are the rules and conditions that apply to bridging visas?

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.

If an employee is on a 491 visa and their responsibilities remain the same, does their job title need to stay the same for visa purposes?

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

Employer sponsorship obligations

Advertising and labour market testing

Are employers required to advertise a role if they are already satisfied with the employee’s performance?

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.

If an employer advertises a sponsored role and receives local candidates, can they still proceed with sponsoring the visa holder?

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.

If an employer advertises for a role, is it ok to ask in the interview process to ask if the applicant is on a visa?

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.

Salary and costs

Does the salary threshold apply to current sponsored staff and does their pay need to be increased?

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

Are visa costs standard across all applicants or do they vary case by case?

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

What are the superannuation obligations for overseas workers engaged as contractors?

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

Location and work arrangements

Does a change from office-based work to working from home need to be reported to immigration?

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

Does a business need a different ABN if it operates across different locations?

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

If an employee works across different sites each day, does that count as different locations for visa purposes?

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

Where can employers find official guidance on the same-employer, different-sites rule for WHV holders?

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

VEVO checks

How regularly should employers conduct VEVO checks on visa holders?

Quarterly is ideal.

Are employers required to conduct ongoing VEVO checks if the original visa has not yet expired or if they suspect an employee may hold a different visa?

Yes. The recommendation is to perform VEVO checks regularly.

Sponsored employee termination

Are employers required to pay for a visa holder’s flight home when the employment ends, and does this apply to both 482 and 186 holders?

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. 

Healthcare and sector-specific rules

Does the six-month same-employer limitation apply to healthcare professionals, including clerical staff working in healthcare organisations?

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

Do early childhood educators with three or more years of post-qualification experience on a 482 visa qualify for direct entry to a 186 visa or is this limited to specific roles?

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

The Q&A wrap up 

Australian immigration and employment law is complex and the volume and range of questions from this session shows that most employers are navigating it without a complete picture. Whether you’re sponsoring your first visa holder, managing a team of international employees or trying to understand what your obligations are when circumstances change, getting it right is critical for both your business and the people you employ.

If you have questions about managing your team, Employment Hero’s HR Advisory service  can help. If you’re looking for specialist immigration advice, reach out to Techvisa for assistance. 

Want to catch up on the webinar? Watch the session on-demand here.

Disclaimer: The information in this webinar and article is current as at 9th June 2026, and has been prepared by Employment Hero Pty Ltd (ABN 11 160 047 709) and its related bodies corporate (Employment Hero). The views expressed in this webinar and article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. Employment Hero does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising either directly or indirectly as a result of reliance on, use of or inability to use any information provided in this webinar and article. You should undertake your own research and to seek professional advice before making any decisions or relying on the information in this webinar and article.