Labour Agreement Stream for Applicants
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Overview
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About this visa
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Eligibility
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Step by step
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When you have this visa
Stay
Up to a maximum of 4 years, depending on the terms in the labour agreement.
Hong Kong passport holders may stay up to 5 years.
Cost
From AUD3,035.00
Processing times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
With this visa, you can
- work in Australian for up to 4 years for your sponsor or up to 5 years if you are a Hong Kong passport holder
- study (you won't receive government assistance)
- travel to and from Australia as many times as you want, while the visa is valid
- have your employer sponser you for permanent residence through the Employer Nomination Scheme (subclass 186).
See all conditions
Check your eligibility
You must
- be nominated to work in a specified occupation under the terms of a Labour Agreement
- have at least 2 years relevant work experience in your nominated occupation or a related field
- have a relevant skills assessment if this is required for your occupation
- work only for your sponsor
- meet minimum standards of English language proficiency unless you are exempt from needing to show this
Help with your visa
If you are getting help with your visa, before you pay someone, read information on Who can help with your visa application.
With this visa, you can
- work in Australia for up to 4 years for your sponsor or up to 5 years if you are a Hong Kong passport holder
- study (no government assistance)
- travel to and from Australia as many times as you want while the visa is valid
Current temporary skilled visa holders from Hong Kong will be eligible for an extension of 5 years (from 9 July 2020) in addition to the time they’ve already been in Australia.
Current and future temporary skilled visa holders from Hong Kong will also have a pathway to permanent residency after 5 years.
How long you can stay
This is a temporary visa. You can stay in Australia for the period of time your employer nominates you for. This will be up to a maximum of 4 years, depending on the:
- terms in the labour agreement
- the validity period of your visa
Hong Kong passport holders may stay up to 5 years.
For further information on recent changes regarding Hong Kong or British National Offshore (BNO) passport holders read Visa options for Hong Kong - update.
Stay longer
If your visa is expiring and you want to stay in Australia to work for your existing employer:
- your employer will need to submit a new nomination
- you must apply for a new visa.
Your employer could also sponsor you for permanent residence through the Employer Nomination Scheme (subclass 186).
You might be eligible for other skilled work visas. Use our visa finder to find out options for work.
Current temporary skilled visa holders from Hong Kong will be eligible for an extension of 5 years (from 9 July 2020) in addition to the time they’ve already been in Australia.
Current and future temporary skilled visa holders from Hong Kong will also have a pathway to permanent residency after 5 years.
Include other family members
You can include other family members (called 'secondary applicants') in your visa application. The family members you can add will depend on whether you currently hold a subclass 457 or TSS visa.
You have not previously held a subclass 457 or TSS visa
If you have not previously held a subclass 457 or TSS visa, the secondary applicants you can include in your visa application are those who are members of the family unit.
You currently hold a subclass 457 or TSS visa
If you currently hold a subclass 457 or TSS visa and you are applying for a subsequent subclass TSS visa, the secondary applicants who can be included in your application are::
- one of the members of the family unit, or
- a person who currently holds a subclass 457 or TSS visa that was granted on the basis that they were a member of the family unit at the time, and is currently one of the following:
- your spouse or de facto partner
- your or your spouse's or de facto partner's child or step-child who is not engaged, married or in a de facto relationship, and is:
- younger than 23
- aged 23 or older and fully or mostly reliant on you or your partner because they cannot work, due to a partial or total physical or mental disability
- is a dependent child of your or your spouse or de facto partner's child or step-child
To be granted the visa, secondary applicants must be included in the main applicant's nomination, or provide written evidence that the sponsor who nominated the main applicant agrees that the secondary applicant can be a secondary sponsored person.
Secondary applicants who apply for the visa must meet our health and character requirements.
You can’t add family members to your visa application after it has been submitted.
If you have submitted your visa application and it is being processed by the Department, family members that were not included in your visa application can lodge a subsequent entrant application.
Alternatively, if we have granted you a visa, family members may apply to join you in Australia later as a subsequent entrant.
Cost
The visa costs AUD3,035.00 for the main applicant and each dependant 18 years and over.
It costs AUD760.00 for each dependant under 18 years old.
You will have to pay other costs for English language tests, health checks, police certificates and biometrics.
To work out what your visa will cost use the Visa pricing estimator. The estimator does not take into account the other costs.
Apply from
Usually, you can be in or outside Australia when you apply for this visa, and when we decide your application, but not in immigration clearance.
If you are applying in Australia, you must hold:
- a substantive visa, or
- a Bridging visa A, Bridging visa B or Bridging visa C
Processing times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
We assess applications on a case-by-case basis, and actual processing times can vary due to individual circumstances including:
- whether you have lodged a complete application, including all necessary supporting documents
- how quickly you respond to any requests for additional information
- how long it takes to perform required checks on the supporting information provided
- how long it takes to receive additional information from external agencies, particularly in relation to health, character, and national security requirements
We might ask for more information. We are not obligated to request further information or documents and can make a decision on the information provided.
Your obligations
You and your family must meet all visa conditions and obey Australian laws.
You must begin your employment within 90 days of:
- entry to Australia if you are outside Australia when we grant the visa
- the visa grant date if you are in Australia when we grant the visa
See which visa conditions might be attached to this visa.
Travel
You can travel outside Australia and return as many times as you want while the visa is valid.
The time you spend outside Australia does not extend the visa.
Visa label
We will digitally link your visa to your passport. You will not get a label in your passport.
If we grant you a visa, we will send you a grant notification letter containing the visa grant number. You can use this number to check your visa details and conditions through VEVO.
Work
Conditions attached to this visa include that you work in Australia only in the occupation you were nominated for, and only for the nominator who has a labour agreement with the Commonwealth.
See which visa conditions might be attached to this visa.
Be working under a labour agreement
The nominated occupation must be the subject of a labour agreement between the Commonwealth and the nominator. See the labour agreement under which you will be working.
Have 2 years of work experience
You must have had at least 2 years of work experience in the nominated occupation or a related field unless varied by the terms of the labour agreement.
Be nominated
You must be nominated.
Meet our health requirement
You and any family members who apply for the visa with you must meet our health requirement.
Meet our character requirement
You and family members aged 16 years and over who apply for the visa with you must meet our character requirement.
Have a level of English language suitable for your occupation
Have the level of English language suitable for the nominated occupation. English language requirements equivalent to the short-term stream of the TSS visa will generally apply unless the labour agreement provides an English language concession.
Sign the Australian values statement
If you are 18 years of age or older, you must confirm you will respect the Australian way of life and obey Australian laws when you agree to or sign an Australian Values Statement.
Have adequate health insurance
You are personally liable for all your healthcare costs while you are in Australia. Medical insurance helps limit your financial liability.
You must have adequate health cover for the whole of your stay to be granted this visa. Your cover should cover you for medically necessary treatment, including transport.
See what we consider adequate health insurance.
See more about health insurance for overseas visitors.
Reciprocal healthcare agreements
Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal healthcare agreements.
Have paid back your debt to the Australian government
If you or any family members (including those who don't apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.
Not have had a visa cancelled or a previous application refused
We will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused.
In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused see Limitations on applications in Australia.
If applying for a visa from outside Australia see Can I go to Australia.
If you want immigration assistance, see Who can help with your visa application.
Step 1
Before you apply
You will need to have health examinations and you might want to get help with your application.
Organise health exams
You will need to have health examinations. You can complete them before you apply or you can wait until we tell you to have them.
Find out the examinations you need and how to arrange them before you apply
Get help with your application
Only some people can help you with your application. If you appoint someone to give you immigration assistance they must be:
- a registered migration agent
- a legal practitioner, or
- an exempt person.
You can appoint anyone to receive documents on your behalf relating to your visa matter.
Step 2
Gather your documents
You will need to provide identity, character, skills and proof English language competence documents.
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide accurate information .
Identity documents
We need proof of your identity. If you cannot prove your identity:
- we will refuse your visa application
- we might not grant you another visa for 10 years
- we might not grant any family members you listed on your application a visa for 10 years
Provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates.
Also provide proof of change of name, if this applies.
Documents that prove a change of name include:
- a marriage or divorce certificate
- change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
- documents that show other names you have been known by
- deed poll certificate
- statutory declaration if the differences are small
Skills and occupation documents
- For TSS skills assessment by Trades Recognition Australia , you must have the skills assessment reference number. Your application is not valid if it is not provided.
- For the occupations of Project and Program Administra tor or Specialist Manager not elsewhere classified, we need the reference number for your VETASSESS Skills Assessment . Your application is not valid if it is not provided.
- We do not accept VETASSESS Qualifications-only assessment for Temporary Graduate visas (subclass 485).
- Qualification certificates (professional and educational).
- Registration, licence or professional membership, if you need it to work in Australia. Documents from the relevant authorities must show that you hold, or can get the registration, licence or membership. The documents must specify:
- the type of registration or licence held
- the name and contact details of the authority
- References from previous employers must cover a period long enough to show the needed skill level and experience. See the length of experience needed for your occupation on the Australian Bureau of Statistics website. References should be on the employer's letterhead and have:
- the name, title and contact details of the referee
- details of your position and the dates of service.
- Your curriculum vitae (CV) or resumé should cover at least the last 5 years and shows:
- full employment and educational history
- dates and positions held
- the name, title and contact details of referees
- that you meet the 2 years work experience if this applies.
English language skills documents
Show us you have the level of English language required by the labour agreement
If you are an existing TSS or subclass 457 visa holder who is seeking to change employer, you may also have to show your prospective standard business sponsor evidence of your English language proficiency.
Health insurance
You will need to provide evidence of adequate health insurance for you and any secondary applicants for the duration of your stay in Australia.
Reciprocal healthcare agreements
Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal healthcare agreement.
Character documents
Provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16.
We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police.
For immigration purposes, Australian police certificates are valid for 12 months from the date of issue.
Also provide:
- an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16
- if required, penal check letters are available by contacting espd@homeaffairs.gov.au and include the words “Front end load – Penal Check Letter” in the subject line of your email.
- military service records or discharge papers if you served in the armed forces of any country
Further information is available at: Character requirements for visas
We will tell you if you also need to complete and provide the following forms:
- Form 80 – Personal particulars for character assessment (596KB PDF)
- Form 1221 Additional personal particulars information (331KB PDF)
Partner documents
Provide:
- identity documents
- character documents
- documents about other relationships, if applicable
Provide either:
- your current marriage certificate or
- enough documents to prove you are in a de facto relationship with your partner
Documents that prove your de facto relationship include:
- joint bank account statements
- billing accounts in joint names
- joint leases or mortgages
- documents that show you have lived at the same address as your partner
Dependants under 18 documents
For every dependant under 18 years old who is applying with you, provide:
- the pages of their current passport showing their photo, personal details, and passport issue and expiry dates (if your child is under 5 years old you can include them in the application without a passport)
- copies of birth certificates or the family book showing the names of both parents of all your dependent children
- copies of the adoption papers, if applicable
- character documents, if applicable.
Parental responsibility documents
You must get consent for the child to come to Australia from anyone who:
- has a legal right to decide where the child lives and
- is not coming to Australia with the child
They must complete either:
- Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (276KB PDF)
- a statutory declaration giving their consent for the child to visit Australia on this visa
Include a document with the signature and photo of the person who completed the form or declaration, such as a:
- passport
- driver’s licence
Dependants over 18 documents
For every dependant 18 years old or older who is applying with you, provide:
- identity documents
- documents about their other relationships, if applicable
- character documents
Proof of dependency
Where you need to prove that a person is dependent on you, provide:
- a completed Form 47a Details of a child or other dependent family member aged 18 years or over (205KB PDF) (307KB PDF)
- proof of your relationship with the dependent such as a birth certificate or adoption papers
You must also prove this person has been financially dependent on you for at least 12 months before you apply. You could provide:
- proof they live with you
- their tax records
- proof they are currently studying
Tell us you are getting help
To nominate someone to:
- receive your correspondence, use Form 956A Appointment or withdrawal of an authorised recipient (301KB PDF)
- provide immigration assistance, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (308KB PDF).
Upload your written notification or your forms to ImmiAccount.
Prepare your documents
Translate
Have all non-English documents translated into English.
Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters .
Translators outside Australia do not have to be accredited. But on each translation, they must include their:
- full name
- address and telephone number
- qualifications and experience in the language they are translating
These details must be in English.
Note: You do not need to have any documents certified.
Scan or photograph
Scan or photograph all documents (English and non-English) in colour.
The scans and photos must be clear.
If a document is more than one page, save it all as one file.
Attach
Attach a document only once, even if you are using it to show more than one thing.
Learn more about attaching documents.
Step 3
Apply for the visa
You apply for this visa online.
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide accurate information
Apply for the visa online in ImmiAccount
- Log in or create an ImmiAccount
- Attach documents
- Pay the application fee. We will not process your application until you pay the fee.
- Note the transaction reference number.
Each family member must have their application charge paid and documents attached to their application.
Step 4
After you apply
We will let you know when we have received your application and documents. See what you can and must do after you apply.
Status updates
We can’t give updates on applications within the standard processing time.
We might ask for more information. You can check if we need more information from you in ImmiAccount. We are not obligated to request further information or documents and can make a decision on the information provided.
Travel after you apply
Do not arrange to travel to Australia until we let you know, in writing, that we have granted you the visa.
Attach more information
If you didn't send us all documents when you applied, send them via ImmiAccount as soon as.
We might also ask you to provide more information. We are not obligated to request further information or documents and can make a decision on the information available.
Stay lawful
If you are in Australia, make sure you stay lawful by holding a valid visa while we process your application. You must hold a substantive visa or a Bridging A, Bridging B or Bridging C visa for your visa application to be processed.
If you were in Australia when you applied for this visa, you may have been granted a Bridging visa. If your current visa expires before we decide on your application, the Brdiging visa will start. You can stay in Australia on the Bridging visa while we process your new visa application.
Do not ask us to cancel your current visa. If your visa is cancelled, you will:
- be staying in Australia unlawfully
- not be eligible for a Bridging visa.
Learn more about travelling on your visa.
Learn about visa expiry
Add family
Refer to Include other family members for details of family members who can be included in your visa application.
You can't add family members to your visa application after it has been submitted.
If you have submitted your visa application and we are processing it, certain family members that were not included in your visa application can submit a subsequent entrant application.
Alternatively, if we have granted you a visa, certain family members may apply to join you in Australia later as a subsequent entrant.
Mistakes on your application
Let us know as soon as you can.
Complete Form 1023 Notification of incorrect answers (168KB PDF)
Help with your application
Let us know if you no longer want someone to:
- receive your correspondence - complete Form 956A Appointment or withdrawal of an authorised recipient (301KB PDF)
- provide immigration advice - complete Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (308KB PDF).
Upload your written notification or your forms to ImmiAccount.
For more information see Who can help you with your application.
Tell us if things change
Tell us if things change after you apply but before we've made a decision.
Things you need to let us know about include:
- changes to your phone number, email, address or passport
- changes to your marital or de facto status
- the birth of a child
- you want to withdraw your application
See how to tell us if your situation changes
Step 5
Visa outcome
We will let you know our decision about your visa application in writing.
We will tell you:
- your visa grant number
- the date your visa starts
- your visa conditions
Keep a copy of the decision with you when in Australia.
If we refuse your visa we will let you know in writing. We will tell you why we refused and whether you have a right to a review of the decision.
We will not refund the application charge if we refuse your application.
Coming to Australia
Before you leave
Check your travel documents
You must have:
- a valid visa to enter Australia
- a valid passport or other travel document
At the border
Completing an Incoming Passenger Card
All people arriving Australia must complete the Incoming Passenger Card. You will get a card on your flight.
Leaving the airport faster
We have an automated process that uses facial recognition technology and your ePassport. You might be able to leave the airport faster if you use a SmartGate.
In Australia
What you can do when you have this visa
- work in Australia for up to 4 years for your sponsor
- study (no government assistance)
- travel to and from Australia as many times as you want while the visa is valid
See your conditions, work and study entitlements in your grant letter or use VEVO.
What you must do on this visa
You and your family members must meet all visa conditions and obey Australian laws. Check your conditions in your visa grant letter or VEVO.
Tell us if things change
Things you need to let us know about after you have applied include:
- changes to your phone number, email, address or passport
- change employer
- stop working for the employer that nominated you
- the birth of a child
- you want to withdraw your application
See how to tell us if your situation changes
See how long you can stay
This is a temporary visa. You can stay in Australia for the length of your visa.
See when you must leave in your grant letter or use VEVO.
Stay longer
If your visa is expiring and you want to stay in Australia to work for your existing employer:
- your employer will need to submit a new nomination
- you must apply for a new visa.
Your employer could also sponsor you for permanent residence through the Employer Nomination Scheme (subclass 186).
You might be eligible for other skilled work visas. Use our visa finder to find out options for work.
Travelling on your visa
You can travel outside Australia and return as many times as you want while the visa is valid.
Proving you have a visa
To prove you have a visa and show your conditions to someone, use VEVO
Request your international movement records to get proof of your travel in and out of Australia.
Working
You must only work for the business that sponsored or nominated you.
To see your conditions for work, use VEVO
You are protected by Australian workplace law. See your workplace rights and entitlements.
Options if you have lost your job
If you have been laid off and are currently unemployed, you should find another employer within 60 days or make arrangements to leave Australia.
Visa holders affected by the floods
You must:
- continue to meet the conditions of your visa
- only work in the occupation nominated in your most recent subclass 482 or subclass 494 application.
If your employment ends due to your employer being no longer able to offer you employment or the business ceasing to exist due to the floods, you have 60 days to either:
- find another employer to sponsor you and have them lodge a new nomination, which must be approved before you can start working for them; or
- apply for and be granted a different visa or
- depart Australia
For more information on different visas see Explore visa options.
For information about what the Government is doing to help individuals, communities, businesses and local governments to recover from these floods see Disaster Assist.
Leaving Australia
Before you leave
Check your travel documents
You must have a valid passport or other travel document to leave Australia.
Ensure your visa is still valid
Check your conditions and the expiry of your current visa in VEVO
See what you can and must do if your visa has expired or is about to expire.
At the Border
Leaving the airport faster
We have an automated process that uses facial recognition technology and your ePassport. You might be able to leave the airport faster if you use a SmartGate.
After you leave
Get your superannuation (if you are leaving Australia and do not intend to return).
You are likely to have some money in a superannuation fund if you worked in Australia and you are:
- 18 years old or older
- paid AUD450 or more before tax in a month
See how to access your super.
Proving you have been to Australia
Request your international movement records to get proof of your travel in and out of Australia.