Subclass 482 | Stage 2: The Nomination – Bridging the Business and the Worker
In the three-stage process of the Skills in Demand (SID) (Subclass 482) visa, stage 2, the Nomination, is widely considered the most difficult stage. While stage 1 is about the business’s Sponsorship licence to hire, stage 2 is about the specific job role itself. At this stage, the Department of Home Affairs (DoHA) assesses the position strictly, to ensure it is real, necessary and fairly paid. A mistake at this level is the most common cause of visa refusals.
What is The Genuine Position Requirement?
The core of Stage 2 is proving that the nominated position is genuine. DoHA wants to ensure that the role wasn’t created simply to facilitate a visa for a friend or family member. To pass this test, the business must show:
Why does the business need this specific role? For example, a small cafe might easily justify a chef, but may face issues if nominating a financial investment manager.
How does the role fit into the current staff structure? You will often need to provide an organisational chart showing who the nominee reports to and who they manage.
The duties of the role must align with the business's actual activities.
Related: Is Your Company at Risk of Adverse Information for a Nomination Application?
Understanding the ANZSCO Alignment and Caveats
The nominated position must be linked to a specific code in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The worker’s daily tasks must align with the official ANZSCO definition. If the Department believes the worker is performing lower-skilled work than listed on the nomination, it will refuse the application. Some occupations come with caveats. These are extra rules. For example, a marketing specialist might only be approved if the business has a turnover of at least $1 million.
What is Labour Market Testing (LMT)?
Before you can hire from overseas, you must prove that you tried to hire an Australian first. This is called Labour Market Testing (LMT).
The business must advertise the job for at least 28 days within the 4 months before you lodge the nomination.
You must use at least 2 platforms to post the job advertisement.
The ads must include the job title, the skills required, and the salary.
LMT is a strict requirement. If you advertised for only 27 days or used the wrong platforms, the nomination will be refused automatically with no chance to fix it.
Related: Who is Responsible for Paying Employer-Sponsored (Subclass 482/186) Visa Costs?
What About the Salary and Market Rates (2026 Updates)?
You must prove that you are paying the worker a fair market salary rate. This ensures overseas workers are not used to undercut Australian wages. As of 1 July 2026, the Core Skills Income Threshold (CSIT) has increased to $79,499. Your nomination must meet or exceed this amount. You must show the Annual Market Salary Rate (AMSR); if you have an Australian doing the same job, you must pay the visa holder the same amount. If you don’t have an Australian in that role, you must use market data to prove the pay is fair.
Related: Skills In Demand (SID) Visa Subclass 482: Work Experience Requirement
What is the Skilling Australians Fund (SAF) Levy?
The SAF Levy is a mandatory fee that employers must pay to the government at the time of nomination. The cost depends on your business size and the number of years you sponsor the worker.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Nomination Refusal vs. Visa Refusal: Understand the Key Difference for Your Australian Visa
Visa Refusal Consequences: Understand the Reason & Next Steps
What Happens After Reporting Someone to the Department (DoHA)?
How Can Agape Henry Crux Help You?
Stage 2 is the bridge that connects your business (Stage 1) to your future employee (Stage 3). Stage 2 involves the most preparation, and the rules are technical and leave no room for error. At Agape Henry Crux, our team of immigration lawyers works closely with our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02 8310 5230 or emailing us at info@ahclawyers.com to arrange a time.
We speak fluent English and Mandarin. If these aren’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and the 2027 edition of The Best Law Firms™ - Australia.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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