Getting the visa is not the last step. Under condition 8607, a Skills in Demand (subclass 482) visa holder must start work with their sponsor within a set time. The 90 day rule protects the integrity of the program, and missing it can put the visa at risk.
Key points
- If you are outside Australia when the visa is granted, you must start work within 90 days of arriving.
- If you are in Australia when the visa is granted, you must start work within 90 days of the grant.
- There is no fixed deadline to arrive, other than before the visa ends, but long delays will be questioned.
- If you need a licence or registration that will take more than 90 days, the 482 may not be the right visa yet.
- Sponsors must tell the Department within 28 days if a worker does not start.
How the 90 day rule works
| Where you are at grant | Start work within |
|---|---|
| Outside Australia | 90 days of arriving in Australia |
| In Australia | 90 days of the visa grant |
You do not have to arrive by a set date. The only requirement is that you arrive before the visa ends. However, if arrival is significantly delayed, the Department may ask you and your sponsor whether the position is still needed. If it decides you no longer genuinely intend to work in the occupation, it can consider cancelling the visa.
Licences and registration
Some occupations need a licence, registration or membership before you can work. Under condition 8607 you must hold it before you start. The Department’s instructions say that if registration will take more than 90 days, or needs formal training in Australia, another visa may be more appropriate for that period. Start the process early. See licensing requirements for 482 visas.
What happens if a worker does not start
- the sponsor must notify the Department within 28 days that the worker has not started;
- the Department may refer the visa for possible cancellation;
- where a visa was granted but the worker never started, the sponsor can ask for a refund of the SAF levy, but not the nomination fee. See getting the SAF levy back.
What you should do now
- Visa granted offshore: book travel so you can start well within 90 days of arriving, and agree a start date with your sponsor.
- Visa granted in Australia: the 90 days start from the grant date. Agree a start date straight away.
- Registration needed: apply for registration as early as possible, ideally before the visa is granted.
- Sponsors: if a worker will not start, notify the Department within 28 days and consider whether a SAF refund applies.
Frequently asked questions
When does the 90 days start?
From the day you arrive in Australia, if you were outside Australia at grant, or from the grant date if you were in Australia.
Is there a deadline to travel to Australia?
Only that you arrive before the visa ends. Long delays may lead the Department to question whether the position is still genuine.
My registration is taking longer than expected. What should I do?
Tell your sponsor and get advice. If registration will take more than 90 days, the Department may consider the 482 is not the right visa for that period.
Does the employer get anything back if I never start?
The sponsor can ask for a refund of the SAF levy, but not the nomination fee, where the visa was granted and you did not start work.
Related guides
- Condition 8607
- Licensing requirements for 482 visas
- Stopped working on a 482?
- Getting the SAF levy back
- Sponsorship obligations
Planning your move to Australia on a 482? Book a consultation with one of our registered migration agents.
This article is general information only and is not legal advice for your situation.
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