Recruiting skilled employees can be challenging, particularly in today’s competitive labour market. Many Australian businesses assume that sponsoring an overseas worker means recruiting someone from overseas and waiting for them to relocate to Australia.

However, there is another option.

Many highly skilled professionals are already living and working in Australia on a Skills in Demand (Subclass 482) visa. If you identify the right candidate, it may be possible to employ them—but there are important immigration requirements that both employers and employees should understand before making the move.

Can a Skills in Demand (Subclass 482) Visa Holder Change Employers?

Yes.

A person holding a Skills in Demand (Subclass 482) visa may change employers during the validity of their visa.

Recent changes to Australia’s migration laws have also provided greater flexibility for Subclass 482 visa holders whose employment with their sponsoring employer has ceased. In many cases, eligible visa holders have up to 180 consecutive days (and up to 365 days in total over the life of their visa) to find a new sponsor, apply for another visa or make arrangements to depart Australia.

This provides employers with greater access to experienced overseas workers who are already in Australia and may be looking for a new sponsorship opportunity.

The immigration requirements for changing employers will depend on the individual circumstances of both the employer and the visa holder. Obtaining advice before making an offer can help ensure the process proceeds smoothly and in accordance with Australia’s migration laws.

Why Hire an Existing Subclass 482 Visa Holder?

Hiring someone who is already living and working in Australia can offer a number of advantages, including:

• Access to highly skilled professionals who are already in the Australian workforce.
• Reduced recruitment and relocation costs.
• Faster onboarding compared with overseas recruitment.
• Employees who are already familiar with Australian workplaces and employment expectations.
• The ability to fill critical skill shortages more quickly.

For many employers, recruiting an existing Subclass 482 visa holder can be an efficient and practical solution.

What Does the New Employer Need to Do?

Before employing a current Skills in Demand (Subclass 482) visa holder, employers should understand their obligations under Australia’s sponsorship framework.

Depending on the circumstances, the employer may need to:

• Hold, or obtain, approval as a Standard Business Sponsor.
• Lodge a nomination for the position under the Skills in Demand (Subclass 482) visa program.
• Ensure the position satisfies the applicable legislative requirements, including the relevant salary threshold and market salary requirements.
• Comply with their ongoing sponsor obligations throughout the sponsorship period.

Every case is different, and obtaining advice before making an offer can help avoid unnecessary delays and compliance issues.

What Should Employees Consider?

Changing employers involves more than simply accepting a new job offer.

Employees should ensure they understand how a change in employment may affect their visa status and what immigration steps are required in their particular circumstances.

Obtaining professional advice before resigning from an existing position or commencing employment with a new employer can help ensure a smooth transition and ongoing compliance with Australia’s migration laws.

Every Situation Is Different

The appropriate process will depend on a range of factors, including:

• The employee’s current visa status.
• Whether the prospective employer already holds Standard Business Sponsorship approval.
• The occupation being nominated.
• The proposed salary and employment conditions.
• Whether the employee intends to pursue permanent residence in Australia.

Careful planning before changing employers can minimise delays and help both employers and employees understand their obligations.

How Hartman Immigration Can Assist

At Hartman Immigration, we regularly assist Australian businesses to employ skilled overseas professionals who are already living and working in Australia, as well as employers seeking to sponsor new overseas recruits.

Whether you are considering employing a current Skills in Demand (Subclass 482) visa holder or would like advice about your sponsorship obligations, our experienced team can guide you through every stage of the process and help ensure your business remains compliant with Australia’s migration laws.

If your business is looking to recruit overseas talent, contact Hartman Immigration to discuss your options and obtain tailored immigration advice before making your next hire.