Permisos de trabajo y visados en Australia

Australia’s strong economy and high quality of life make it a magnet for global talent. Industries from technology to healthcare face skill shortages, so many Australian companies are looking abroad to fill key roles.

However, employers must be vigilant about immigration rules. Hiring a foreign worker without proper authorization can trigger serious penalties – from hefty fines (for example, up to A$594,000 and beyond) to bans on sponsoring overseas staff.

This guide explains Australia’s appeal for migrants and, for employers, the crucial visa and work permit requirements. We’ll cover who needs a visa, the main visa categories employers use, eligibility rules and sponsor obligations, plus practical steps for hiring and compliance.

By understanding these rules, you’ll help your overseas recruits integrate smoothly and keep your business compliant with Australia’s laws.

Who Needs a Visa or Work Permit in Australia

Australian citizens can work anywhere in Australia without restriction, even if they currently live abroad. Permanent residents (holders of a permanent resident visa) likewise have full work rights.

Citizens of New Zealand enjoy special treatment under the Trans-Tasman arrangement: they hold a permanent Special Category visa (subclass 444) and can live and work in Australia indefinitely without applying for a separate visa.

Any other national – whether on a temporary tourist visa or having no Australian visa – must obtain a valid work visa (often called a work permit) before starting employment. In practice, employers need to confirm a candidate’s work eligibility status.

If the person is not an Australian/NZ citizen or permanent resident, they’ll need the appropriate Australian visa that allows employment. Employers should not assume that a short-term visa (like a tourist visa) automatically includes work rights – many do not.

In short, for your new hire: no visa is needed only if they are an Australian/New Zealand citizen or a permanent resident. All others require a specific work visa tailored to their role and background.

Ensuring each employee has the correct visa is vital: illegal employment carries stiff sanctions, so always verify eligibility before hiring.

Overview of Australian Work Visa Types Relevant to Employers

Australia offers many visa pathways, but a handful are most relevant for hiring or relocating staff. Below is an overview of key visa categories employers and prospective employees commonly use:

Temporary Skill Shortage Visa (Subclass 482)

This is a temporary visa (up to 2-4 years, depending on stream) that allows an employer to sponsor a skilled worker when no suitable Australian is available. The 482 visa has different streams (short-term and medium/long-term) based on occupation lists and leads to work rights in Australia.

An employer must first become a Standard Business Sponsor and nominate the position. The worker can then apply for the 482 visa once nominated by the approved sponsor. (Later sections cover 482 in detail.)

Employer Nomination Scheme Visa (Subclass 186)

The ENS 186 is a permanent residency visa for skilled workers who are nominated by an Australian employer. It has three streams: Direct Entry (for those applying from outside or without prior work experience in Australia), Labour Agreement (if the employer has a negotiated agreement), and Temporary Residence Transition (for 482/457 visa holders who have already worked for the nominating employer for at least 2 years).

The employee eventually becomes an Australian permanent resident if approved.

Skilled Independent Visa (Subclass 189)

This is a points-tested permanent visa for skilled professionals who are not sponsored by an employer. An individual must submit an Expression of Interest and be invited to apply.

The job/occupation must be on Australia’s skilled occupation list. Recipients work anywhere in Australia and obtain PR.

Unlike sponsored visas, employers do not nominate the 189 applicant – the applicant self-nominates via the points system and must meet criteria like age (usually under 45) and English proficiency.

Global Talent/National Innovation Visas

Australia’s Global Talent program (formerly the Global Talent Independent (GTI) visa) is now replaced by the National Innovation visa (subclass 858) as of Dec 6, 2024. This invitation-only visa targets exceptionally talented individuals in fields like tech, science, and arts.

Applicants must lodge an Expression of Interest demonstrating world-leading achievements, and be invited by the government. The NIV provides permanent residency and is not employer-nominated (though there is a related “Global Talent Employer Sponsored” stream for niche hires).

In practice, this visa is for rare high achievers, but employers can keep it in mind if recruiting eminent experts.

Training Visa (Subclass 407)

This short-term visa (up to 2 years) allows overseas workers to come to Australia for structured workplace training or professional development. For example, an international employee might come under 407 to train on new equipment or processes.

Employers must be an approved Temporary Activities sponsor and provide a detailed training plan. The visa is limited to the training program – holders cannot engage in unrelated work outside the plan.

Business Innovation and Investment Visas

These (like subclasses 188/888) are designed for entrepreneurs, investors and business owners rather than typical employees. The provisional 188 visa allowed wealthy applicants to establish a business or invest in Australia, with the 888 permanent visa as a follow-up.

Recent changes (effective late 2024) replaced much of the old Business Innovation program with the National Innovation visa (subclass 858). In short, these visas aren’t commonly used for regular employee hiring, but a tech entrepreneur or investor you recruit might come under such a program.

Working Holiday Visas (Subclass 417 and 462)

These are temporary visas (usually 12 months, extendable by undertaking specified work) available to young visitors from eligible countries. They allow holders to work in Australia to supplement their travel.

Employers can hire working holiday makers (for example, university students or backpackers). It’s important to note that these visas were traditionally limited to 6 months’ work with any one employer.

Exemptions to this 6-month limit are available for work in certain industries (e.g., hospitality, agriculture, health, etc.). Still, working holiday staff are usually casual/part-time and may have restrictions in their visa conditions.

Employers should verify the country-specific visa (417 or 462) and ensure the job duration complies with visa rules.

In addition to the above, Australia has various regional visas (e.g., 491, 494, 187) for workers who commit to live in non-metropolitan areas, and other specialist programs. But the visas listed here cover the main routes employers use to bring foreign talent to Australian workplaces.

Eligibility Criteria and Employer Responsibilities by Visa Type

Each visa type has specific requirements for the employee and obligations for the employer. Below we summarize the key criteria and what employers must do for each major visa:

Temporary Skill Shortage (TSS) Visa – Subclass 482

The employee must have skills, qualifications and experience suitable for the nominated occupation, which must appear on Australia’s skilled occupation lists (Short-term or Medium/Long-term). They usually need a positive skills assessment and competent English.

The employer must first become an approved Standard Business Sponsor (submitting an application via ImmiAccount) and then nominate the position for that employee. The job must be genuine full-time work and the employee must be paid at least the market salary rate for that role.

Employers must also satisfy the Australian Government’s training requirement: pay the Skilling Australians Fund (SAF) levy (currently A$1,200 to A$1,800 per year for the visa, depending on business size) to invest in local training. As a sponsor, the company must abide by strict obligations: it must keep employment records, ensure the worker only does duties related to the nominated occupation, and cooperate with any inspections.

Crucially, the employer must pay the foreign employee the market salary rate they were nominated for (including all benefits). The employer cannot charge the worker for visa costs, recruitment fees or training levy – those must be covered by the company.

The employer must also reimburse reasonable travel costs if the worker or family must leave Australia. In short, sponsoring a 482 visa means a binding commitment: the employer must uphold the employment contract in line with Australian workplace laws and notify authorities of any significant changes (like the visa holder leaving the job).

Employer Nomination Scheme (ENS) Visa – Subclass 186

The employee needs skills, qualifications and experience matching an occupation on the relevant list (usually Medium & Long-Term Skilled Occupation List) and must generally be under 45 years old (some exceptions apply). For the Direct Entry stream, they can apply from overseas or Australia without previous local work.

For the Temporary Residence Transition (TRT) stream, they must have worked for the nominating employer on a 482/457 visa for at least 2 years. The employer must lodge a nomination as for the 482: register on ImmiAccount and submit a nomination application.

The employer needs to demonstrate the business is active and law-abiding, that employing this person is a genuine need, and that the salary offered is at least the Australian market level for the position. Once nominated and approved, the worker applies for the 186 visa.

After the visa is granted, the employee becomes a permanent resident. Employer obligations during the nomination process mirror those for 482: fair salary, lawful business operations, and a genuine full-time job position.