Promotion on a Visa 482: Do You Need a New Nomination?

A promotion is good for your career — but for someone on a 482 visa there is an important legal question: does the promotion break the nomination condition?

Why a promotion can be an issue

A 482 nomination is approved for one specific position with a specific ANZSCO code. If you are promoted to a sufficiently different role:

• The new role may have a different ANZSCO code
• The duties and responsibilities differ significantly
• The employer is letting you work outside the sponsored position — a breach of sponsor obligations

When you do NOT need a new nomination

You don’t need a new nomination if:

• The promotion is within the same ANZSCO code (for example, from Junior Accountant to Senior Accountant, both ANZSCO 221111)
• The core duties remain the same, with only minor added management responsibility
• Pay increases but the nature of the work doesn’t change significantly

When you DO need a new nomination

You need a new nomination when:

• The new role has a different ANZSCO code (for example, from Accountant to CFO — a senior management role with a different ANZSCO)
• The main duties change significantly (from technical work to full management)
• The new role is not on the relevant occupation list or requires fresh labour market testing

Process when a new nomination is needed for a promotion

1. The employer lodges a new nomination for the new position (same nominee — you)
2. If the new role is on the short-term list, fresh labour market testing may be needed
3. Once the new nomination is approved: officially take up the new position

You should not take up the new role and start working while waiting for the nomination — acting before approval is a breach.

Practical advice

Before accepting a promotion:

• The employer and you should talk to a migration agent to determine whether a new nomination is needed
• If needed: plan ahead so the nomination is approved before the date you take up the new role
• Don’t wait until the promotion is done before thinking about this issue