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Work Authorization and Legal Residence Overview
All non-Australian citizens and permanent residents must obtain both work authorization and legal residence before working in Australia.
The primary pathway for skilled employment is the Skills in Demand Visa (Subclass 482), which replaced the former Temporary Skill Shortage (TSS) visa.
Australia enforces strong labor market protections to prioritize local workers. Employers must demonstrate a genuine need for a foreign hire and ensure that the role aligns with approved occupation lists and market salary benchmarks.
Initial visas are typically granted for up to 4 years, depending on the occupation stream and employment contract, and may offer pathways to permanent residency.
Summary: Legal work in Australia requires an employer-sponsored visa, most commonly issued under the Subclass 482 framework for skilled overseas workers.
Types of Work Visas and Permits Available
Skills in Demand Visa (Subclass 482)
For skilled foreign nationals sponsored by an approved Australian employer to fill positions where no suitable local workers are available.
Validity: Up to 4 years (depending on occupation and contract length)
Sponsorship: Required
Transferable: Yes – new nomination required, fees apply
Streams: Short-term and medium-term streams based on occupation
Eligibility:
- Occupation must be listed on the Core Skills Occupation List (CSOL)
- Relevant skills, qualifications, and work experience
- Minimum English language proficiency (unless exempt)
- Salary must meet or exceed the Annual Market Salary Rate (AMSR) and the Core Skills Income Threshold (CSIT)
- Health, character, and security checks required
- Processing time: Up to 6 months
- Pathway to permanent residence may be available for eligible occupations
Exemptions from work permit requirements
By law, only Australian citizens, Australian permanent residents, and New Zealand nationals holding a Special Category visa have an unrestricted right to work in Australia.
If your candidate does not fall into one of the categories above, they must hold a valid visa with work authorization to legally work in Australia.
Certain additional categories, such as diplomatic or consular officials and limited short-term business visitors, may enter under specific arrangements. However, these do not provide general employment rights and are subject to strict conditions.
⚠️ Immigration rules are highly structured and visa-specific. Employers should always confirm that a candidate holds the correct visa with valid work rights before employment begins.
Most Common Route for Foreign Employees
The default pathway for hiring foreign talent in Australia is via the Skills in Demand Visa (Subclass 482):
- Employer (or EOR like RemoFirst) becomes an approved sponsor.
- Employer nominates the role and confirms the salary meets AMSR and CSIT thresholds.
- Employee submits a visa application with skills, English, health, and character documentation.
- Approval grants both residence and work authorization.
- Employee may later transition to permanent residency, depending on role and tenure.
This is the most widely used and reliable pathway for skilled international hiring in Australia.
Is Employer Sponsorship Required?
Yes. The Subclass 482 visa requires employer sponsorship by an approved Australian sponsor.
Sponsoring employers must:
- Be legally registered and approved by the Department of Home Affairs
- Nominate an occupation on the CSOL
- Pay at least the AMSR and CSIT
- Meet training and compliance obligations
Exceptions:
- New Zealand citizens
- Permanent residents
- Limited business visitor activities (non-working)
- In most cases, employers must conduct Labor Market Testing before nomination unless an exemption applies.
Eligibility and Employer Requirements
Who Qualifies (Employee Side):
- Non-Australian national
- Job offer for an eligible occupation
- Relevant qualifications and work experience
- Applicants generally must prove their English ability through an approved English test (IELTS, TOEFL, PTE, OET, or Cambridge), unless an exemption applies.
- Meets health and character requirements
- Salary meets Annual Market Salary Rate (AMSR) and Temporary Skilled Migration Income Threshold (TSMIT)
What the Employer Must Provide:
- Sponsorship approval
- Nomination application for the role
- Employment contract and job description
- Evidence of market salary compliance
- Ongoing compliance with sponsorship obligations
Other Important Considerations
Exemptions and Alternative Pathways:
- Skilled Independent and State-Nominated visas (points-based, separate process)
- Business Innovation and Investment visas
- Permanent Employer Nomination Scheme (for long-term hires)
Tax and Compliance Considerations:
- Income tax applies from the first day of work
- Residents taxed on worldwide income; non-residents taxed on Australian-sourced income
- Registration with the Australian Taxation Office (ATO) required
- Superannuation contributions mandatory for employees
Long-term Residence and Permanent Residency:
- Some Subclass 482 holders may transition to permanent residency
- Permanent residents may live and work indefinitely
- Citizenship generally possible after 4 years of lawful residence
Typical Processing Times and Common Delays
- Application preparation and nomination: 1–2 months
- Subclass 482 processing: up to 6 months
- Medical and biometrics appointments: variable
- Delays due to background or security checks
Common delays include:
- Incomplete skills or employment documentation
- Salary below AMSR or CSIT thresholds
- Employer sponsorship compliance issues
- Health or character assessment delays
How RemoFirst (RemoVisa) can Help
Navigating Australia’s work permit and residence environment can be complex — but that’s where RemoVisa adds value. We help employers and foreign hires by:
- Managing employer-sponsored visa applications: We guide your legal entity registration (if needed), draft compliant job documentation and vacancy justification, and submit work permit requests through the official portal.
- Ensuring compliant work permit + residence permit processing: We coordinate all required documents (passport, translations, contracts, proof of housing, legal attestations) and monitor approvals.
- Leveraging global coverage (85+ countries): As part of a broad global EOR network, we make Australia just one option among many, scaling hiring across regions.
- Providing managed support from immigration experts: Our team knows the nuances, common pitfalls, and how to anticipate delays or required follow-ups.
- Bundling visa support with payroll, benefits, onboarding: Foreign hires become fully integrated employees without burdening your internal HR — from employment contract to residency compliance to payroll and benefits delivery.
Plus: If your new hire has dependents (spouse or minor children), we can help with dependent permits, housing support, and compliance with resident-application requirements.
Find out what specific permits or visas in Australia we support under our Employer of Record and RemoVisa service.
More Related Resources
This guide is provided for informational purposes only and does not constitute legal advice. Immigration laws and work permit requirements in Australia may change, and the final decisions are made by local authorities. Always consult with immigration professionals — like through our RemoVisa service — for the most up-to-date and personalized guidance.
