Insights ยท Employer sponsorship

The student visa is no longer a fallback for your sponsored workers

Since 2 October 2026 a 482 holder cannot lodge a student visa in Australia. What it means for employers when sponsorship ends, with the $79,423 floor in view.

For years, the quiet plan when a sponsorship ended was a student visa. The worker enrolled in a diploma, lodged onshore, kept working part time, and stayed in the country while the next sponsor was found. Since 2 October 2026 that plan is closed. A subclass 482 holder cannot lodge a valid student visa application in Australia, and neither can a 417, 462, 407, 408, 400 or visitor visa holder.

In short: The Migration Amendment (Student Visa Reform) Regulations 2026 put the 482 on the list of visas whose holders must apply for a student visa from outside Australia. For employers, the end of a sponsorship now leads to a new nomination, a skilled visa, or departure. The salary floor for a new nomination is $79,423, and the 180 day period after a worker leaves a sponsor is the only clock that matters.

What the Regulations did

Three instruments commenced on 2 October 2026 and apply to applications made from that date.

RuleEffect on a sponsored worker
Holders of listed visas must apply for a student visa from outside Australia (LIN 26/102)A 482 holder cannot lodge onshore. An onshore application is invalid
Offshore at grant (clause 500.411)The worker must be outside Australia when the student visa is granted
Family members only under exemptions, none added after grantA worker who leaves to study cannot bring a partner or children onto the student visa unless an exemption applies
Applications lodged before 2 October assessed under the old rulesA worker who lodged in September is unaffected

The Department's factsheet is direct: most temporary visa holders in Australia can no longer lodge a student or student guardian visa while in Australia. The 482 is named in the instrument.

Where this lands on the employer

We see the change arrive in three situations, and each has a commercial side.

A sponsored role is made redundant. The worker has 180 days to find a new sponsor, and can work for other employers during that period under condition 8607. The student visa used to extend that runway. It no longer does. The employer's obligations to notify the Department of the cessation remain, and the final pay and notice should be checked against the contract before the conversation happens.

What a new nomination now needs

Our migration practice page sets out the sponsorship process, and our note on payroll records for sponsors covers the evidence the Department asks for.

A fork for the employer

A sponsored worker's role is ending. What is the realistic next step?

Timeline for a sponsor when a role ends

  1. Day 0The employment ends. The 180 day period under condition 8607 begins for the worker. Notify the Department of the cessation within the time required by the sponsorship obligations.
  2. Week 1If a new role exists, advertise it in the prescribed form. Labour market testing must precede the nomination.
  3. Week 4 to 8Lodge the new nomination and visa application. Processing priority depends on the occupation under Direction 121.
  4. Day 180If no new sponsor has lodged, the worker's 482 is liable to cancellation. The student visa is not available to them onshore.
Does this affect a worker who already holds a student visa and works for us part time?

Not their current visa. It affects their next one. A current student can apply onshore only under an exemption, such as progressing to a higher level course or finishing the current course within 12 months. A second course at the same level no longer qualifies, so the part time worker's time in Australia may end sooner than their study plan suggested.

Figures from Home Affairs as at 1 July 2026. Student visa rules from the Migration Amendment (Student Visa Reform) Regulations 2026, LIN 26/102 and the Department's factsheet, read 25 October 2026.

Frequently asked questions

Can a 482 holder switch to a student visa in Australia?

Not since 2 October 2026. The 482 is on the list of visas whose holders must apply from outside Australia, and an onshore application is invalid.

How long does a worker have after leaving a sponsor?

Condition 8607 allows 180 days after ceasing work with the sponsor, up to 365 days in total across the visa, during which the worker can work for other employers while a new nomination is arranged.

What is the minimum salary for a new 482 nomination?

$79,423, the Core Skills Income Threshold from 1 July 2026, or the annual market salary rate if higher.

Can the worker lodge the student visa from overseas and come back to wait?

They can lodge from overseas, but they must be outside Australia when the student visa is granted. Returning on another visa while it is pending means it cannot be granted while they are here.

General information as at 25 October 2026. Not legal advice. Check your own position before you act.

Next step

Ready to act on this?

Book a consultation and we apply it to your facts: the visa, the contract or both. Fixed fee quoted in writing afterwards.