Written by Luke Musto, Associate Lawyer – Migration
Introduction
Expanding into Australia or sending employees on assignment can unlock major opportunities for international businesses, particularly in industries like mining, energy, engineering, technology, and professional services. But before an employee can set foot in the country, employers need to navigate Australia’s visa system, one of the most complex in the world and which will overwhelming at first glance.
Choosing the right visa is not just about compliance. It can affect the ease of deployment, the length of stay, and whether there’s a pathway to permanent residency for key staff. Understanding these options early helps businesses avoid delays, reduce costs, and ensure a smooth transition for their employees.
Below, we outline the main Australian work visa options that employers commonly rely on when sending staff to Australia.
Temporary Skill Shortage Visa (Subclass 482)
The Subclass 482 (TSS) visa is the most commonly used pathway for sending employees to Australia. It allows Australian businesses (or overseas businesses establishing a presence in Australia) to sponsor skilled workers for up to four years.
Key features:
- Requires sponsorship by an approved business.
- Employees must have skills that match an eligible occupation on the Skilled Occupation List.
- Employers must meet labour market testing, and salary requirements.
- Employees must demonstrate a minimum level of English proficiency, unless exempt.
- A pathway may exist to permanent residency for certain roles and occupations.
This visa is well-suited for medium- to long-term secondments, particularly when specialist expertise is required. A key feature of this visa is that a proficient level of English is required, meaning that it is not suitable for employees with very low or no knowledge of English.
Employer Nomination Scheme (Subclass 186)
For employees you intend to place in Australia on a longer-term or permanent basis, the Subclass 186 visa provides a pathway to permanent residency.
Key features:
- Requires employer nomination.
- Employees must meet skills, English language, and age requirements.
- Can be accessed after holding a 482 visa for a prescribed period or directly in some cases.
This option is often used where a business wants to retain key personnel in Australia permanently.
Temporary Activity Visa (Subclass 408)
The Subclass 408 visa provides options for employees undertaking specific temporary activities, such as work on special projects, research, training, or cultural exchange.
Key features:
- Flexible for short-term assignments.
- Suitable for training staff, secondments linked to project agreements, or participation in international events.
- English requirements depend on the specific stream, though generally less strict than the 482 or 186 visas.
- Generally available for stays of up to 2 years.
This visa can be useful for project-based assignments where permanent relocation is not required.
Short-Term Work Visas (Subclass 400)
For urgent or highly specialised short-term assignments, the Subclass 400 visa allows employees to work in Australia typically for up to 3 months and up to 6 months for exceptional circumstances.
Key features:
- Best for highly skilled workers on short-term projects.
- Faster processing times compared to other work visas.
- Not a long-term solution, but ideal for immediate business needs.
- English requirements are generally lighter than longer-term visas.
Other Considerations for Employers
When sending employees to Australia, businesses should also keep in mind:
- Business Sponsorship: Companies must be registered as standard business sponsors to access most employer-sponsored visa programs.
- Tax & Superannuation: Employees may become liable for Australian taxation and superannuation contributions, depending on the structure of their employment.
- Labour Agreements: Where occupations are not listed or the business has unique workforce needs, companies may explore negotiating a labour agreement with the Australian Government.
- Costs: Businesses should keep in mind that the majority of these options are very costly, mainly due to fees imposed by the Australian government with the aim of encouraging businesses to source Australian employees before bringing in foreign workers. Employers looking to bring in foreign workers should budget accordingly.
- English language requirements: The English language requirements are strict, and if workers have low English levels then they may struggle to meet the testing requirements.
Final Thoughts
Selecting the right visa depends on the nature of the assignment, the length of stay, and the skills of the employee. The most common pathway is the Subclass 482 visa, but short-term options (Subclass 400 and 408) and longer-term solutions (Subclass 186) may be more appropriate depending on your business needs. All options have strict requirements that have little option for flexibility, so it is important to work with an experienced migration lawyer to strategise the best visa pathway for your business.
At Harris Gomez Group, we regularly assist companies navigating Australia’s visa framework as part of their broader cross-border strategy. Our team can help you assess the right pathway, manage the sponsorship process, and ensure compliance so your employees can begin their assignments without unnecessary delays.
Harris Gomez Group METS Lawyers ® opened its doors in 1997 as an Australian legal and commercial firm. In 2001, we expanded our practice to the international market with the establishment of our office in Santiago, Chile. This international expansion meant that as an English speaking law firm we could provide an essential bridge for Australian companies with interests and activities in Latin America, and to provide legal advice in Chile, Peru and the rest of Latin America. In opening this office, HGG became the first Australian law firm with an office in Latin America.
As Legal and Commercial Advisors, we partner with innovative businesses in resources, technology and sustainability by providing strategy, legal and corporate services. Our goal is to see innovative businesses establish and thrive in Latin America and Australia. We are proud members of Austmine and the Australia Latin American Business Council.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create a solicitor-client relationship, and readers should seek independent legal advice for their specific circumstances. Harris Gomez Group accepts no liability for reliance on this content.