Broadly speaking, for a Skills in Demand (SID) Subclass 482 nomination to be approved, the Minister must be satisfied that the position associated with the occupation is genuine and a full-time position.
To that end, it is also a legislative requirement, that the nominee will be engaged only as an employee under a written contract of employment, and a copy of this signed contract (by the nominator and the nominee) must be given to the Department.
This is a requirement for the 482 nomination to be approved, and also enforced by condition 8607 which is mandatorily imposed on all primary 482 visa holders.
Exemption
However, certain senior business executive and medical professional positions are exempt from these requirements – effectively permitting them to work either part-time or full-time, for numerous employers, and as an independent contractor.
Any occupation that is “exempt” from the above, may be granted a 482 nomination/visa and not be in breach of condition 8607.
Exempt Occupations
The exempt occupations from the full-time employment requirements are set out below and can be found in the relevant legislative instrument.
- Chief Executive or Managing Director
- Corporate General Manager
- General Medical Practitioner (GP)
- Resident Medical Officer
- Anaesthetist
- Specialist Physician (General Medicine)
- Cardiologist
- Clinical Haematologist
- Medical Oncologist
- Endocrinologist
- Gastroenterologist
- Intensive Care Specialist
- Neurologist
- Paediatrician
- Renal Medicine Specialist
- Rheumatologist
- Thoracic Medicine Specialist
- Specialist Physician (nec)
- Psychiatrist
- Surgeon (General)
- Cardiothoracic Surgeon
- Neurosurgeon
- Orthopaedic Surgeon
- Otorhinolaryngologist
- Paediatric Surgeon
- Plastic And Reconstructive Surgeon
- Urologist
- Vascular Surgeon
- Dermatologist
- Emergency Medicine Specialist
- Obstetrician and Gynaecologist
- Ophthalmologist
- Pathologist
- Diagnostic and Interventional Radiologist
- Radiation Oncologist
- Medical Practitioners (nec)
The intention of these exemptions are to allow highly specialised medical practitioners (i.e. locum doctors or medical practitioners working as independent medical practitioners) to have such a visa and not work full-time hours, or work irregular hours in a working week/month in multiple locations.
Similarly, it permits for non-executive directors and senior specialised managers (i.e. highly paid board members) who are required to regularly attend board meetings in Australia for short periods to only work in Australia a few times a year (rather than a specific number of hours per week).
Any questions?
If you have any questions about condition 8607 and its exemptions, feel free to contact us by email at [email protected] or phone +61 3 9016 0484 to obtain further guidance.
