Working Remotely on a 482 Visa: Rules & Risks

Working from home (WFH/remote work) has become the new normal in many places since the pandemic. But for someone on a 482 visa, remote work raises some legal questions that not everyone is aware of.

Remote work within the same state — usually fine

If you work remotely but stay within the same state where your employer is based and where the nomination was approved, there is usually no major issue. The Department does not require you to sit in the office every day.

Remote work in a different state — take care

A 482 nomination is tied to a specific position — including the work location. If you move and work long-term in a different state, this may be:

• A breach of the nomination condition if the actual work location differs from the nomination
• A situation requiring the employer to lodge a variation of nomination to update the location

Remote work from overseas — a serious breach

Working for an Australian employer from your home country (or another country) while on a 482 visa and outside Australia is not an activity permitted under the 482 visa. The 482 visa requires you to work in Australia in the nominated position.

If you leave Australia for a long period and continue to “work” remotely for an Australian employer, this may be:

• A visa condition issue
• A tax and payroll issue for the employer

The pandemic and remote work — historical context

During COVID-19, the Department applied some flexibility around work location. But that policy no longer applies — you need to follow the normal rules.

Recommendations for employers and 482 employees

If moving to full remote:

• The employer needs to consider whether a variation of nomination is required
• Keep documentation of the actual work location

If you want to work a few days a week from home:

• Usually no issue if the main location is still the employer’s office
• No change to the nomination needed

If you want to leave Australia and work remotely:

• You need a suitable different visa, or to leave Australia entirely and end the contract
• You cannot “work remotely” from overseas on a 482 visa