Employer Sponsored Visa (Subclass 482 & 186) Salary Thresholds, KAFTA LMT Exemption, SAF Cost-Shifting Ban, Nomination Transfers & Workplace Justice Guide
FY 2026-27 CSIT ($79,423) and SSIT ($146,576) compliance, Korea-Australia FTA LMT exemption, s 245AR/245AS SAF cost-recovery ban, 482 nomination-only transfers, and Subclass 408 Workplace Justice protections
- Minimum sponsored salary rose to CSIT $79,423 in July 2026: does an existing Subclass 482 holder's salary have to be increased mid-visa?
- My employer asked to deduct sponsorship charges and the SAF levy from my wages. Is passing those costs onto the worker lawful?
- When changing Subclass 482 employers in the same occupation, can I transfer via a new nomination alone without paying for a new visa?
Employer nominations lodged between 1 July 2026 and 30 June 2027 must satisfy increased statutory income floors (CSIT AUD $79,423 for Subclass 482 Core Skills and Subclass 186 ENS; SSIT AUD $146,576 for Subclass 482 Specialist Skills, excluding 12% superannuation) alongside Modern Award overtime and penalty entitlements. While South Korean nationals are exempt from Subclass 482 Labour Market Testing under KAFTA (LIN 21/075), sections 245AR and 245AS of the Migration Act 1958 strictly prohibit recovering sponsorship, nomination, or SAF levy charges from workers. Subclass 482 holders changing sponsors in the same occupation can transfer via nomination alone under Condition 8607's 180-day mobility rule, and exploited migrant workers may access cancellation protections and the nil-VAC Subclass 408 Workplace Justice Pilot visa.
Park & Co Lawyers · General Legal Consultation Guide Consultation Guide
This guide summarises minimum salary thresholds, Labour Market Testing exemptions, strict bans on shifting sponsorship costs to employees, nomination transfer mechanics when changing jobs, and statutory protections against wage underpayment across Employer Sponsored Visas (Subclass 482 and Subclass 186). It provides general information current as at 3 November 2026, and legal assessments may vary depending on an individual's visa history and specific factual circumstances. Park & Co Lawyers does not guarantee any specific outcome.
1. FY 2026-27 Minimum Salary Thresholds (CSIT & SSIT) and Modern Award Compliance
Employer nominations lodged with the Department of Home Affairs between 1 July 2026 and 30 June 2027 are subject to indexed statutory income floors. Both the guaranteed annual earnings and the Annual Market Salary Rate (AMSR), calculated excluding statutory superannuation (12%) and non-monetary benefits, must equal or exceed the applicable threshold for a nomination to be approved.
- The Core Skills Income Threshold (CSIT) for Subclass 482 (Skills in Demand) Core Skills stream and Subclass 186 (Employer Nomination Scheme) nominations is AUD $79,423 per annum, while the Specialist Skills Income Threshold (SSIT) for the Subclass 482 Specialist Skills stream is AUD $146,576 per annum.
- Existing Subclass 482 holders already employed under a nomination approved against a prior financial year's threshold do not automatically require a mid-visa salary increase to the new CSIT figure (AUD $79,423); however, any fresh nomination lodged going forward must satisfy the CSIT threshold in force on the date of lodgement.
- Although a Subclass 186 nomination assesses the salary payable upon permanent visa grant, if an employer determines AMSR by reference to an equivalent Australian worker's pay while currently paying its Subclass 482 worker less than that benchmark, the discrepancy exposes a breach of existing sponsorship obligations (adverse information) and creates a serious risk of nomination refusal.
- Even where an employment contract states AUD $79,423 per annum, paying less in total than the applicable Modern Award hourly rates plus overtime, weekend, and public holiday penalty loadings for actual hours worked constitutes both unlawful wage underpayment and a breach of sponsorship obligations.
2. Korea-Australia FTA Labour Market Testing (LMT) Exemption and Prohibition on Cost Shifting
As a general rule, a Subclass 482 nomination requires at least two national job advertisements in English running for a minimum of four weeks (28 calendar days) within the four months immediately preceding lodgement. However, international trade obligation exemptions under free trade agreements operate alongside strict statutory rules requiring sponsors to bear sponsorship costs. Importantly, the genuine position requirement (substantiating existing staffing structure and operational division of duties within the business) continues to be rigorously scrutinised regardless of whether Labour Market Testing is exempt.
- Where a citizen (or permanent resident) of the Republic of Korea is nominated under a Subclass 482 Standard Business Sponsorship, Labour Market Testing (LMT) is exempt pursuant to legislative instrument LIN 21/075 giving effect to the Korea-Australia Free Trade Agreement (KAFTA).
- All statutory employer government charges, comprising the Standard Business Sponsorship application charge (AUD $420), the nomination charge (AUD $330 for Subclass 482; AUD $540 for Subclass 186), and the Skilling Australians Fund (SAF) levy (for Subclass 482, AUD $1,200 per year where annual turnover is under AUD $10 million or AUD $1,800 per year where turnover is AUD $10 million or more; for Subclass 186, AUD $3,000 or AUD $5,000 upfront), must be borne strictly and entirely by the sponsoring employer.
- Under sections 245AR and 245AS of the Migration Act 1958 (Cth), demanding, recovering, deducting from wages, or indirectly clawing back sponsorship, nomination, or SAF levy costs from a sponsored worker (including via post-payday cash repayments) attracts severe criminal penalties and civil penalty orders.
3. Subclass 482 Nomination-Only Employer Transfers and Subclass 186 TRT Sequencing
When a Subclass 482 holder moves to a new employer in the same nominated occupation and holds ample remaining visa validity, there is no need to lodge a new visa application: once the new employer's Subclass 482 nomination alone is approved, the worker may continue residing and working under their existing visa until its original expiry date. Furthermore, under amended Condition 8607 settings, a worker who ceases employment with their current sponsor has up to 180 consecutive days per single employment gap (and up to 365 days cumulative across the entire visa grant period) to secure a new sponsor, and may lawfully commence working for the new employer immediately even before the new nomination is approved.
- Because lodging a nomination application alone never triggers a Bridging Visa, if your existing Subclass 482 visa is nearing expiry, you must lodge a new Subclass 482 visa application alongside the nomination to avoid becoming unlawful.
- If you move sequentially to a third employer while the second employer's nomination remains unapproved, the 180-day clock measured from your final day with the first approved sponsor does not reset and keeps running continuously, creating acute Condition 8607 compliance risks.
- Full-time paid sponsored employment completed with a previous approved sponsor carries over and aggregates toward the Subclass 186 Temporary Residence Transition (TRT) requirement (two years within the preceding three years); however, the new employer cannot jump directly to lodging a Subclass 186 TRT nomination and must first secure an approved Subclass 482 nomination before lodging Subclass 186 TRT.
- Where a current Subclass 482 holder independently prepares or lodges a skilled independent visa, State-nominated permanent visa, or Partner visa in their personal capacity, there is no legal obligation to notify the current sponsoring employer prior to final grant of the new visa.
4. Subclass 408 Protection Visa for Workers Experiencing Workplace Exploitation or Wage Theft
Strengthened employer compliance legislation and a dedicated temporary protection visa pathway safeguard migrant workers subjected to workplace exploitation such as wage underpayment, unlawful SAF levy clawbacks, or forced unpaid overtime. Obtaining formal workplace exploitation certification from the Fair Work Ombudsman or an accredited participating third-party entity allows affected workers to pursue workplace remedies without jeopardising their lawful immigration status.
- Workers holding accredited workplace exploitation certification are protected under statutory non-cancellation provisions from adverse visa cancellation where any work-condition breach was directly linked to the exploitation suffered.
- Affected workers onshore in Australia who hold a substantive visa with 28 days or less remaining, or whose last substantive visa expired no more than 28 days ago, may apply for the Subclass 408 (Workplace Justice Pilot) visa with a nil Visa Application Charge (AUD $0).
- Grant of a Subclass 408 visa confers a 6-month to 12-month stay period with unrestricted work rights free of employer or occupation limitations, enabling the worker to maintain an income in new employment while pursuing unpaid wages and Fair Work entitlements.
5. Pre-Consultation Document Checklist
Compiling the documents below ahead of an employer nomination strategy session or a worker job-transfer / workplace-rights consultation enables an accurate legal assessment:
- Current Visa Grant Notice, up-to-date VEVO check, and Republic of Korea passport bio-data page
- Employment contracts, detailed position descriptions, staffing breakdowns, and organisational charts for both current and prospective sponsors
- For corporate sponsor advice: most recent financial statements, Business Activity Statements (BAS), payroll summaries, and remuneration records for equivalent Australian employees
- Most recent 12 months of payslips, actual shift/attendance rosters, and ATO Single Touch Payroll (STP) Income Statements or Notices of Assessment (NOA)
- For job-transfer matters: written confirmation of final employment date with the outgoing sponsor and any pending nomination acknowledgement letters
- For unlawful cost-shifting or wage-underpayment matters: bank transfer logs, payslip deduction records, and original text/messenger correspondence
6. Scope of Park & Co Lawyers' Legal Services
Park & Co Lawyers advises and acts for both corporate sponsors and visa applicants across Subclass 482 SID and Subclass 186 ENS remuneration compliance (CSIT, AMSR, and Modern Awards), KAFTA Labour Market Testing exemptions, SAF levy compliance, nomination-only job transfers, unlawful cost-recovery disputes, and combined Subclass 408 Workplace Justice and employment law representation (specific engagement structures are confirmed individually after verifying the represented party and scope of work, and dollar fee figures are not published on a blanket basis). We do not guarantee specific visa or nomination outcomes or Departmental processing times; official enquiries may be lodged via email (enquiry@parkcolawyers.com) or our Official Inquiry Hub (https://parklawyers.com.au/links/).
Pre-Consultation & Pre-Lodgement Checklist Checklist
- Current Visa Grant Notice, latest VEVO record, and Republic of Korea passport bio-data page
- Employment contracts, detailed position descriptions, staffing breakdowns, and organisational charts for outgoing and incoming sponsors
- For employer sponsor reviews: latest financial statements, BAS returns, payroll summaries, and equivalent Australian employee pay records
- Most recent 12 months of payslips, actual shift/attendance rosters, and ATO STP Income Statements or Notices of Assessment
- Written confirmation of final working day with outgoing sponsor and any pending nomination acknowledgement letters
- Bank transfer receipts, payslip deduction records, and original text/messenger logs if alleging cost shifting or wage underpayment
In-Depth Practical Commentary & Case Analysis
"My boss suggested deducting my sponsorship costs little by little from my monthly pay: does everyone really do that?" Or, "If I move to a new company on a Subclass 482 visa, do I have to apply and pay for the visa all over again?"
In consultations covering Employer Sponsored Visas (Subclass 482 Skills in Demand and Subclass 186 ENS), these exact questions surface constantly. Outdated workplace rumours routinely push both business owners and sponsored workers toward costly mistakes or serious statutory breaches. Here is the legal position upfront: the higher minimum salary floor introduced on 1 July 2026 applies to newly lodged nominations while Modern Award minimum rates apply at all times; South Korean citizens are exempt from Subclass 482 Labour Market Testing; passing sponsorship costs onto an employee is strictly unlawful; and workers facing exploitation have a fee-free protection visa pathway to exit safely.
FY 2026-27 Salary Floors, Modern Awards, and KAFTA LMT Rules
Let us start with the exact salary numbers. For nominations lodged with the Department of Home Affairs between 1 July 2026 and 30 June 2027, both guaranteed annual earnings (excluding 12% statutory superannuation) and the Annual Market Salary Rate must be at least AUD $79,423 (CSIT) for Subclass 482 Core Skills and Subclass 186 ENS, or AUD $146,576 (SSIT) for Subclass 482 Specialist Skills. If you are already working on a Subclass 482 visa under a nomination approved in an earlier financial year, your employer does not have to raise your pay mid-visa straight away. Two traps, however, catch sponsors off guard. Writing $79,423 on a contract while requiring 50+ hours a week without covering Modern Award overtime and weekend penalty loadings immediately creates unlawful wage underpayment. Likewise, paying a Subclass 482 worker less than an equivalent Australian employee and later lodging a Subclass 186 permanent residency nomination exposes a prior sponsorship breach that can derail the nomination.
Employers and applicants also overlook key rules on job advertising and government sponsorship charges. Ordinarily, a Subclass 482 nomination requires at least four weeks (28 days) of Labour Market Testing advertisements, yet citizens of the Republic of Korea are exempt under the Korea-Australia Free Trade Agreement instrument (LIN 21/075) and do not need to wait 28 days for Subclass 482 advertising. By contrast, the Standard Business Sponsorship charge ($420), nomination charges, and the annual $1,200 to $1,800 SAF levy ($3,000 to $5,000 for Subclass 186) must be paid exclusively by the business. Demanding those amounts from an employee or collecting cash paybacks after payday is a serious offence under sections 245AR and 245AS of the Migration Act 1958, exposing the business to heavy penalties and sponsorship bar sanctions regardless of whether the visa is granted.
Changing Subclass 482 Sponsors Safely and Sequencing 186 TRT
What should you check first before changing employers? Provided your existing Subclass 482 visa still has ample validity remaining and you are staying in the same occupation, you do not need to pay the visa application charge (AUD $4,015) again: securing approval of the new company's Subclass 482 nomination alone is sufficient. Thanks to amended Condition 8607 rules, you have up to 180 consecutive days per employment gap (up to 365 days cumulative across the visa) after leaving your outgoing sponsor, and you can start working at the new business immediately even before the nomination is approved.
Keep three critical sequencing rules in mind. First, a standalone nomination never grants a Bridging Visa, so if your current visa is close to expiring you must lodge a new visa application as well. Second, jumping to a third employer while a second employer's nomination is still pending does not pause the 180-day clock running from your departure from the first approved sponsor. Third, while full-time paid Subclass 482 work with your previous company counts toward the Subclass 186 TRT two-years-in-three-years total, your new employer must obtain an approved Subclass 482 nomination first before it can validly lodge a Subclass 186 TRT nomination. Meanwhile, if you apply independently in your own right for a skilled visa such as Subclass 189 or 190, you have zero legal duty to inform your current sponsor prior to grant.
Escaping Wage Theft and Unlawful Cost Clawbacks via Subclass 408
If you are enduring unpaid wages, unlawful cost demands, or threats of visa cancellation at your current workplace, you do not have to suffer in silence. Securing workplace exploitation certification through the Fair Work Ombudsman or an accredited participating organisation activates statutory protections against visa cancellation. Furthermore, onshore workers within 28 days before or 28 days after substantive visa expiry can transition onto the nil-charge (AUD $0) Subclass 408 (Workplace Justice Pilot) visa, granting 6 to 12 months of unrestricted work rights in any occupation while pursuing unpaid entitlements.
Park & Co Lawyers advises and represents corporate sponsors and visa applicants across Subclass 482 SID and Subclass 186 ENS salary compliance, KAFTA Labour Market Testing exemptions, SAF levy rules, nomination-only job transfers, and combined Subclass 408 Workplace Justice and employment law claims. For a corporate sponsorship audit or a safe job-transfer and workplace-rights review, contact us via enquiry@parkcolawyers.com or our Park & Co Lawyers Official Inquiry Hub.
This article provides general Australian immigration law information as at 3 November 2026 and does not constitute legal advice for individual cases. Legal assessments may vary depending on visa regulations and personal circumstances.