When your business sponsors a worker under the Subclass 482, 494, or 186 visa program, one of the most critical – and often misunderstood – compliance obligations is ensuring that the nominated employee is actually performing the duties of the nominated occupation.
It’s not enough to simply submit a compliant application and meet salary benchmarks. The Department of Home Affairs expects that what was promised on paper is reflected in practice – and they are checking.
Why This Obligation Matters
Every nomination application includes a detailed description of the role.
Once the visa is granted, the Department expects that:
- The employee is working exclusively in the nominated role,
- The duties performed match those listed in ANZSCO, and
- There is no substantial deviation from the nominated position (e.g. title change, role dilution, or reassignment to unrelated duties).
If the Department finds that the visa holder is performing duties inconsistent with the nominated occupation, the consequences can be serious:
- Visa cancellation for the employee
- Sponsorship sanctions or cancellation for the business
- Civil penalties and increased audit scrutiny
Common Compliance Risks
Even well-intentioned employers can slip up when:
- A supervisor or business manager reallocates duties without realising the visa limitations
- The business undergoes structural changes, and the visa holder is informally promoted, demoted, or seconded
- The nominated employee is temporarily filling gaps in unrelated roles or departments
- The employee is not performing sufficient skill-level duties (e.g. a nominated “Chef” working mainly as a kitchen hand)
These scenarios can lead to findings of non-genuine position or breach of visa conditions.
How We Help
At Crystal Migration, we support employers with:
- Initial nomination and role-matching assessments
- Post-visa compliance audits
- Advice on role changes and reporting obligations
- Responding to Departmental queries or notices about non-genuine positions