482 Nomination: Genuine Position, Salary and Common Refusal Reasons

Written by Immigrad · Registered Migration Agent · MARN 1805710 · Last updated November 2026

If you are an Australian employer planning to sponsor an overseas worker, the nomination is where most of the detail lives. This guide explains the 482 visa nomination requirements in plain language: what the Department of Home Affairs expects you to show, where applications commonly run into trouble, and how to prepare. It is general information only; complex cases need personal advice.

What is a 482 nomination?

Sponsoring a worker on the Skills in Demand (subclass 482) visa generally involves three stages: becoming an approved sponsor, nominating a position, and then the worker applying for the visa. The nomination is your formal statement to Home Affairs about the role, the person filling it and the terms of employment. If you are still at the first stage, read our standard business sponsorship step-by-step guide first.

What are the 482 visa nomination requirements for employers?

While the detail depends on the stream and your circumstances, a nomination is typically assessed against these themes:

1. The position must be genuine

Home Affairs looks at whether the role is a real, ongoing need of your business rather than one created to help someone obtain a visa. Decision-makers may consider your business size, structure, trading history, the duties of the role and whether the position fits the way your business operates. A small cafe nominating a role with duties that do not match its operations is the kind of mismatch that attracts questions.

2. The occupation must be eligible

The nominated occupation must appear on the relevant occupation list for the stream. Check it before you advertise or offer anything: see our guide to checking a role against the Core Skills Occupation List. The ANZSCO description and tasks should match what the person will actually do.

3. Salary must meet the required levels

The salary generally needs to meet the applicable income threshold and the market salary rate for the role, meaning what you pay (or would pay) Australian workers in the same job at the same location. Thresholds are indexed and change, so always confirm current figures. Our minimum salary guide covers how the tests work together.

4. Labour market testing, unless exempt

Many nominations require evidence that you tried to fill the role locally first. The advertising has to meet specific content, timing and platform rules. Read labour market testing: the exact rules and the exemptions guide before you post anything.

5. The nominee must be suitable

The person you nominate must generally have the skills, qualifications and work experience for the role, and meet English language and other visa criteria. Your nomination and their visa application need to tell the same story about their job, so consistency across documents matters.

6. Training and sponsorship contributions

Sponsors usually must pay the Skilling Australians Fund (SAF) levy, and a nomination fee applies. Amounts change, so use our sponsorship cost calculator and the 482 cost guide for current figures rather than relying on older articles.

Why do 482 nominations run into problems?

Every case is different, but these issues come up often:

  • Vague position descriptions. Generic duties that do not clearly tie to the nominated occupation make it harder to show the role is genuine.
  • Salary evidence gaps. Not documenting how you arrived at the market salary rate, or leaving out comparable Australian employees.
  • Advertising errors. Missing mandatory details, wrong timing, or ads that do not match the nominated role.
  • Inconsistent documents. Job titles, duties or pay that differ between the contract, nomination and the worker’s resume.
  • Business viability questions. Limited trading history or financial records for a newer or smaller business.
  • Overlooking sponsor obligations. Compliance matters after approval too; see sponsorship obligations for Australian employers.

How should you prepare a nomination?

Start with a clear position description

Write duties in your own business’s terms, then check they map to the ANZSCO occupation. Explain why the role exists now, who the person reports to and how it fits your structure.

Build your evidence file early

Useful material typically includes your organisation chart, recent financial statements or BAS, evidence of recruitment attempts, payroll data for comparable roles and the proposed employment contract. Our Employer Sponsorship Readiness Checklist (PDF) is a good starting point.

Sequence the steps properly

Confirm occupation eligibility, set the salary, run any required advertising, then nominate. Doing these out of order is a common and avoidable mistake. For the full picture, see our complete guide to sponsoring an employee in Australia.

Consider professional advice

You are not legally required to use a migration agent, but a registered agent can review your nomination before lodgement. See do employers need a registered migration agent to sponsor a worker?

Frequently asked questions

How long does a 482 nomination take to be decided?

Timing varies with the case and Home Affairs workloads, and no outcome or timeframe can be guaranteed. See our processing time guide for general information.

Can I nominate a worker who is already in Australia?

Often yes, depending on their current visa and conditions. Their existing visa status, work rights and any breach history should be checked first.

Do all 482 nominations need labour market testing?

Not all. Some occupations, circumstances and trade obligations lead to exemptions, but you should confirm that an exemption applies before skipping advertising.

Can I make the worker pay the nomination costs?

There are restrictions on recovering certain sponsorship costs from the worker. Read our guide on who can pay sponsorship costs before agreeing any arrangement.

What happens if my nomination is refused?

You may have review or reapplication options depending on the reason, and fees paid may not be refundable. Seek advice promptly, as time limits can apply.

Is a small or new business able to nominate?

Possibly, though you will need to show the business is operating lawfully and can meet salary and obligation commitments. See can a new small business become a standard business sponsor?

This article is general information current as at November 2026 and is not migration advice. Requirements, fees and thresholds change; check Home Affairs or speak to a registered migration agent about your circumstances.

Ready to nominate with confidence? Contact Immigrad for a nomination review.

Quick answers: the legal position

Which law decides whether a 482 nomination is approved?

Under s 140GB(2) of the Migration Act 1958, the Minister must approve a nomination if labour market testing under s 140GBA is met (unless exempt), the nomination training charge is paid, the nominator is an approved work sponsor, and the criteria in reg 2.72 of the Migration Regulations 1994 are satisfied.

Must the nominated position be genuine and full-time?

Yes. Reg 2.72(10) of the Migration Regulations 1994 requires the position to be genuine and full-time, and reg 2.72(10A) allows the full-time requirement to be disregarded where that is reasonable. The Department looks at your business, the duties and how the role fits your operations.

What salary tests apply to a nomination?

Reg 2.72(15) sets the tests: the annual market salary rate is worked out under a legislative instrument, your earnings must be at least that rate, and both must meet the relevant income threshold for the stream. Thresholds are indexed each 1 July under reg 5.42A, so confirm the current figure with Home Affairs.

Can an employer seek review of a refused nomination?

Refusal of a nomination is a reviewable decision under reg 4.02(4) of the Migration Regulations 1994, and the Administrative Review Tribunal states the time limit is in the Home Affairs decision letter and cannot be extended. Check the letter immediately. No outcome or timeframe can be guaranteed.

This is general information only; check the current text on legislation.gov.au, and complex cases need personal advice from a registered migration agent.

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