{"id":"F2019L01451","name":"Migration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas) Instrument 2019","slug":"migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440290,"registerId":"F2019L01451-fast-fetch-1775955974285","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas) Instrument 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nMigration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas) Instrument 2019\n\nI, David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.\n\nDated 8 November 2019\n\nDavid Coleman\n\nMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Sponsorship applications and nominations\n\n6 Forms and fees\n\n7 Different way of making sponsorship applications and nominations\n\nPart 3—Process for nominating programs of occupational training for Subclass 407 visas\n\n8 Process for nominating programs of occupational training for Subclass 407 visas\n\nSchedule 1—Repeals\n\nMigration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n (1) This instrument is the Migration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas) Instrument 2019.\n\n (2) This instrument may be cited as LIN 19/215.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as Schedule 2 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019 commences. 16 November 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n\n (a) subparagraph 2.61(3A)(b)(i);\n\n (b) subparagraph 2.61(3A)(b)(ii);\n\n (c) paragraph 2.61(3A)(ba);\n\n (d) paragraph 2.61(3A)(c);\n\n (e) subregulation 2.61(3B);\n\n (f) subregulation 2.66(3);\n\n (g) subregulation 2.66(4);\n\n (h) subregulation 2.66(5);\n\n (i) subregulation 2.73(4);\n\n (j) subregulation 2.73(5);\n\n (k) subregulation 2.73(7);\n\n (l) subregulation 2.73A(2);\n\n (m) subregulation 2.73B(14).\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote 1: A number of expressions used in this instrument are defined in the Act, including unlawful non‑citizen.\n\nNote 2: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n(a) approved form;\n\n(b) Internet application;\n\n(c) the Act.\n\n  In this instrument:\n\naffected visa applicant:\n\n (a) in relation to an application for approval as a sponsor, means a visa applicant or visa holder whom the person applying for approval intends to nominate if he or she is approved as a sponsor; or\n\n (b) in relation to a nomination under paragraph 140GB(1)(b) of the Act to which regulation 2.73 or 2.73B of the Regulations applies, means the nominee mentioned in that regulation.\n\ndepartmental email means an email sent from an official departmental email address.\n\nofficial departmental email address means an email address recognised by the Department as an official email address of the Department.\n\nRegulations means the Migration Regulations 1994.\n\nPart 2—Sponsorship applications and nominations\n\n \n\n6  Forms and fees\n\n  In relation to a sponsorship application or nomination mentioned in column 1 of an item of the following table:\n\n (a) for the purposes of the provision the Regulations mentioned in column 2 of the item, the form mentioned in column 3 of the item is specified; and\n\n (b) for the purposes of the provision of the Regulations mentioned in column 4 of the item, the fee mentioned in column 5 of the item is specified.\n\n \n\n- Forms\n- Item Column 1Application or nomination Column 2Provision of the Regulations—forms Column 3Form Column 4Provision of the Regulations—fees Column 5Fee\n- 1 application for approval as a standard business sponsor by an applicant who, at the time the application is made, is a standard business sponsor other than an overseas business sponsor subparagraph 2.61(3A)(b)(i) approved form 482SR (Internet) paragraph 2.61(3A)(c) $420\n- 2 application for approval as a standard business sponsor, other than an application to which item 1 applies subparagraph 2.61(3A)(b)(ii) approved form 482S (Internet) paragraph 2.61(3A)(c) $420\n- 3 application for approval as a temporary activities sponsor paragraph 2.61(3A)(ba) approved form 1478 (Internet) paragraph 2.61(3A)(c) $420\n- 4 application for a variation of a term of an approval as a temporary activities sponsor subregulation 2.66(3) approved form 1478 (Internet) subregulation 2.66(4) $420\n- 5 nomination of an occupation in relation to a Subclass 457 or 482 visa subregulation 2.73(4) approved form 482N (Internet) subregulation 2.73(5) $330\n- 6 nomination of an occupation in relation to a subclass 494 visa subregulation 2.73B(4) approved form 494N (Internet) subregulation 2.73B(5) nil\n\n\n7  Different way of making sponsorship applications and nominations\n\nScope of this section\n\n (1) For the purposes of the provision of the Regulations mentioned in column 1 of an item of the table in subsection (6), this section specifies:\n\n (a) a different way of making the sponsorship application or nomination mentioned in column 2 of the item; and\n\n (b) the circumstances in which the sponsorship application or nomination may be made in that different way; and\n\n (c) the form for the different way of making the sponsorship application or nomination.\n\nCircumstances in which sponsorship application or nomination may be made in different way\n\n (2) A person (the applicant) may make the sponsorship application or nomination in the different way if:\n\n (a) a departmental email, sent in the circumstances mentioned in subsection (3), authorises the applicant to make the sponsorship application or nomination in the different way; and\n\n (b) electronic lodgement of the sponsorship application or nomination is not prevented by the Act or the Regulations.\n\n (3) For the purposes of paragraph (2)(a), the circumstances are the following:\n\n (a) a person in the Department has identified a problem with the Department’s Internet application systems;\n\n (b) because of that problem, the applicant is unable to make an Internet application;\n\n (c) either the problem cannot be rectified, or both of the following subparagraphs apply:\n\n (i) it is more likely than not that the problem will not be rectified by the end of the day on which the departmental email is sent;\n\n (ii) an affected visa applicant will become an unlawful non‑citizen on, or before, the next business day after the departmental email is sent;\n\n (d) the departmental email:\n\n (i) is sent from the email address mentioned in column 3 of the item of the table in subsection (6); and\n\n (ii) includes the approved form mentioned in column 4 of the item; and\n\n (iii) includes the name and position number of the person who sent the departmental email.\n\nNote: For affected visa applicant, see section 5.\n\nDifferent way of making sponsorship application or nomination\n\n (4) The following is the different way of making the sponsorship application or nomination:\n\n (a) the sponsorship application or nomination, in the form mentioned in subsection (5), must be emailed:\n\n (i) to the address from which the departmental email was sent; and\n\n (ii) by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent;\n\n (b) that email must also include:\n\n (i) a copy of the departmental email; and\n\n (ii) the name and position number of the person who sent the departmental email.\n\nForm for making sponsorship application or nomination in different way\n\n (5) The form for the different way of making the sponsorship application or nomination is the form mentioned in column 4 of the item of the table in subsection (6).\n\nNote: For approved forms, see regulation 1.03 of the Regulations. The sponsorship application or nomination must be made in the relevant numbered approved form as approved when the sponsorship application or nomination is made. The sponsorship application or nomination must not be made in a previous version of the approved form. The current approved form must have been included in the departmental email.\n\nTable\n\n (6) The following is the table:\n\n \n\n- Different way of making sponsorship applications and nominations\n- Item Column 1Provision of the Regulations Column 2Application or nomination Column 3Email address Column 4Form\n- 1 subregulation 2.61(3B) application for approval as a standard business sponsor e482.Manual.Lodgement@homeaffairs.gov.au approved form 482S\n- 2 subregulation 2.61(3B) application for approval as a temporary activities sponsor an official departmental email address approved form 1478\n- 3 subregulation 2.66(5) application for variation of a term of an approval as a temporary activities sponsor an official departmental email address approved form 1478\n- 4 subregulation 2.73(7) nomination of an occupation e482.Manual.Lodgement@homeaffairs.gov.au approved form 482N\n- 5 subregulation 2.73B(7) nomination of an occupation e494.Manual.Lodgement@homeaffairs.gov.au approved form 494N\n\n\nNote: No different fee is specified for making an application or nomination in the different way, so the fee (if any) specified by section 6 for making the application applies to making the application in the different way.\n\nPart 3—Process for nominating programs of occupational training for Subclass 407 visas\n\n \n\n8  Process for nominating programs of occupational training for Subclass 407 visas\n\n (1) For the purposes of subregulation 2.73A(2) of the Regulations, this section specifies the process for a person (the applicant) nominating a program of occupational training.\n\n (2) Subject to subsections (6) and (8), the nomination must be made as an Internet application.\n\n (3) Subject to subsections (7) and (9), the form for making the nomination is approved form 1479N (Internet).\n\n (4) The fee which must accompany the nomination (whether it is made as mentioned in subsection (2), (7) or (8)) is $170.\n\nDifferent way of making application\n\n (5) The applicant may make the nomination in the different way specified in subsection (7) if:\n\n (a) a departmental email, sent in the circumstances mentioned in subsection (6), authorises the applicant to make the nomination in that different way; and\n\n (b) electronic lodgement of the nomination is not prevented by the Act or the Regulations.\n\n (6) For the purposes of paragraph (5)(a), the circumstances are that the departmental email includes:\n\n (a) approved form 1479N; and\n\n (b) the name and position number of the person who sent the departmental email.\n\n (7) The following is the different way of making the nomination:\n\n (a) the approved form for the different way of making the nomination is approved form 1479N;\n\n (b) the nomination, in the form mentioned in paragraph (a), must be emailed:\n\n (i) to the address from which the departmental email was sent; and\n\n (ii) by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent;\n\n (c) that email must also include:\n\n (i) a copy of the departmental email; and\n\n (ii) the name and position number of the person who sent the departmental email.\n\nNote: For approved forms, see regulation 1.03 of the Regulations. The nomination must be made in approved form 1479N as approved when the nomination is made. The nomination must not be made in a previous version of the approved form. The current approved form 1479N must have been included in the departmental email.\n\nApplicant outside Australia\n\n (8) The applicant may make the nomination at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth if the applicant is outside Australia.\n\n (9) The form for making the nomination in the way mentioned in subsection (8) is approved form 1479N.\n\nSchedule 1—Repeals\n\n \n\nMigration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 visas) Instrument 2018\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2018 instrument (IMMI 18/038) covered only Subclasses 407, 457 and 482. This 2019 version expands scope to include Subclass 494 (Skilled Employer Sponsored Regional visa), a new visa category introduced as part of the government's regional migration reforms. This represents a significant expansion beyond the original three visa types to accommodate the new regional skilled migration pathway."},"complexity_factors":["Multiple cross-references to Migration Regulations 1994 provisions (subregulations 2.61, 2.66, 2.73, 2.73A, 2.73B)","Nested conditional logic for the 'different way' of lodging (section 7 requires departmental email + system problem + likely unlawful status + specific email address + same-day lodgement)","Tabular presentation of forms and fees with 5-6 columns creating interdependencies between provisions","Defined terms section with recursive definitions (e.g., 'departmental email' defined by reference to 'official departmental email address')","Specific email addresses hardcoded in legislation (e482.Manual.Lodgement@homeaffairs.gov.au, e494.Manual.Lodgement@homeaffairs.gov.au)","Temporal constraints ('by the end of the day' by ACT legal time) creating jurisdictional timing issues","Dual commencement mechanisms (standard business sponsors vs temporary activities sponsors) with different form numbers"],"plain_english_summary":"This legislation sets out the administrative rules for Australian employers who want to sponsor overseas workers for temporary and regional skilled visas. It covers four visa types: Subclass 407 (training), 457 (temporary work, now being phased out), 482 (temporary skill shortage), and 494 (skilled employer-sponsored regional).\n\n**What it does:**\n- **Specifies which forms to use** and how much to pay when applying to become an approved sponsor or nominating a specific worker for a visa\n- **Sets the fees**: Generally $420 for sponsor applications, $330 for nominations under the 457/482 visas, and $170 for training program nominations under the 407 visa (notably, 494 visa nominations are free)\n- **Provides a backup paper/email process** when the Department's online systems break down, but only in urgent cases where a visa applicant is about to become unlawful (overstay their visa)\n- **Repeals and replaces** an earlier 2018 instrument to add the new Subclass 494 regional visa to the framework\n\n**Who it affects:**\n- Australian businesses seeking to hire overseas workers\n- Overseas workers being nominated for these visas\n- Migration agents and HR departments handling sponsorship paperwork\n\n**Why it matters:**\nWithout following these specific procedural rules—using the right form, paying the right fee, lodging online unless there's a system outage—sponsorship applications can be rejected as invalid. The backup email process is particularly important because it provides a safety valve when technology fails, preventing workers from accidentally becoming unlawful due to IT problems."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument updates and replaces the earlier 2018 instrument (Schedule 1) and expands and formalises parts of the administrative regime. Notably it: (a) adds explicit provision for Subclass 494 nomination handling (see section 6 item 6 and section 7 table item 5), (b) sets out the process and fee specifically for nominating Subclass 407 occupational training programs (section 8), and (c) codifies the Department-authorised email contingency process with specific departmental mailboxes and tighter procedural requirements (section 7 table and section 8(5)–(7)). Those changes broaden the instrument’s operational coverage compared with the earlier instrument and formalise manual-lodgement pathways and fees that were previously framed differently."},"complexity_factors":["Short instrument: 8 substantive sections plus a Schedule (limited length).","Only a small number of new defined terms introduced (affected visa applicant, departmental email, official departmental email address) in section 5.","Multiple cross-references to the Migration Regulations 1994 and several specific subregulations listed in section 3 (authority), requiring a reader to consult the Regulations for full context.","Two separate but similar contingency lodging procedures (general sponsorships in section 7; Subclass 407 training nominations in section 8) with slightly different triggers and email addresses — duplication increases cognitive load.","Conditional logic in the contingency rule (section 7(2)–(4)) includes nested conditions (system problem, likely not rectified same day, imminent risk of becoming unlawful), which requires factual assessment by Department staff.","Tables mapping provisions to forms, fees and email addresses (sections 6 and 7(6)) — clear but require cross-checking with the approved form versions.","Repeal of a prior instrument (Schedule 1) — requires a reader to note change history if comparing versions."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Specifies the approved forms and the fees that must accompany particular sponsorship applications and nomination forms used for certain temporary skilled visas (see section 6 & the table in section 6). Key fees set by the table include: $420 for most sponsor approval applications, $330 for 482/457 nomination forms, $170 for a Subclass 407 training nomination, and nil for a Subclass 494 nomination (section 6 table).\n\n- Sets out an authorised contingency process for lodging those sponsorship applications and nominations by email if the Department’s Internet application system is unavailable (section 7). The contingency requires a departmental email authorising the applicant to lodge by email, inclusion of the current approved form attached to that email, and that the emailed lodgement be sent back to the address that issued the departmental email by the end of that day (section 7(2)–(5) and table in section 7(6)). Specific departmental email addresses are identified for some lodgements (for example e482.Manual.Lodgement@homeaffairs.gov.au and e494.Manual.Lodgement@homeaffairs.gov.au) (section 7 table).\n\n- Specifies the process and form for nominating a program of occupational training for Subclass 407 visas (section 8). The default is online (Internet application using approved form 1479N) and a fee of $170 applies. It also provides the same contingency email lodgement if the Department authorises it by departmental email, and allows nomination at an Australian diplomatic, consular or migration office if the applicant is outside Australia (section 8).\n\n- Repeals the earlier Migration (IMMI 18/038) instrument and replaces it with these updated arrangements (Schedule 1).\n\nWho is affected\n\n- Businesses applying to be or renewing approval as a standard business sponsor or temporary activities sponsor (they must use the specified approved forms and pay the specified fees) (section 6 items 1–4).\n- Employers or sponsors nominating occupations for visa applicants under Subclass 457, 482 and 494 (section 6 items 5–6 and section 7 table items 4–5).\n- People or organisations nominating Subclass 407 occupational training programs and individuals who would be affected visa applicants under those nominations (section 8).\n- Visa applicants whose current visa status is about to expire and who would become unlawful if the Internet system outage prevents online lodgement (section 7(3)(c)(ii)).\n\nWhy it matters (administrative effects and incentives)\n\n- It standardises the forms and fees that applicants must use/pay for these sponsorship and nomination processes (section 6). That clarifies the upfront cost and the exact form to be used.\n\n- It prioritises electronic lodgement (Internet application as the default) but creates a narrowly defined backup route (email lodgement) when the Department’s online system is demonstrably unavailable. The Department decides when the backup applies by sending a departmental email that: (a) identifies the problem, (b) includes the current approved form, and (c) names the sender and their position number (section 7(2)–(4)).\n\n- Who pays: the applicant pays the fees set out in section 6 and section 8(4) where applicable. For example, sponsors seeking standard business sponsor approval pay $420; employers nominating for Subclass 494 pay no fee for the nomination (section 6 table).\n\n- Who decides: the Department controls when the contingency email process is available and which email address is used. The instrument requires that the departmental email include the sender’s name and position number to provide an auditable authorisation (sections 7(3)(d)(iii) and 7(4)(b)(ii)).\n\nTrade-offs, implementation risks and compliance burdens (practical consequences)\n\n- Compliance burden on applicants: applicants must use the current approved form (not earlier versions) and, if using the contingency process, must email by the end of that day and include the departmental email and sender details (sections 7(5) and 7(4)(b)(i)–(ii)). That imposes strict timing and documentary requirements.\n\n- Departmental resourcing & coordination: the Department must detect system failures, determine which cases meet the urgency tests (including risk of a visa-holder becoming unlawful), generate the departmental email with the approved form attached, and staff dedicated manual-lodgement mailboxes. That reallocates staff time to manual case intake and creates an operational dependency on correct departmental emails.\n\n- Risk of inconsistent practice: because the contingency relies on departmental emails, different offices or staff might apply the test for authorising manual lodgement unevenly unless internal procedures are strict. The instrument mitigates some risk by requiring the sender’s name and position number (section 7(3)(d)(iii)).\n\n- Limited opening for substitution or error: the email pathway is deliberately narrow (requires Departmental authorisation and timing limits). This reduces scope for misuse but creates a single point of failure if the Department fails to issue timely departmental emails for deserving cases.\n\n- Concentrated benefit, diffuse cost: the immediate beneficiaries are applicants facing imminent visa expiry who would otherwise become unlawful; the costs are mainly administrative and borne by the Department (time to issue departmental emails and process manual lodgements) and by applicants who must conform exactly to the instructions.\n\nKey sections to look at\n\n- Forms and fees: section 6 (table)\n- Alternative/email lodgement rules and conditions: section 7 (including the table at 7(6))\n- Process and fee for Subclass 407 training nominations: section 8\n- Repeal of the earlier instrument: Schedule 1\n\nOfficial purpose claim and practical test\n\n- The instrument’s stated purpose is to prescribe the approved forms/fees and to provide a narrowly constrained alternative lodgement mechanism when the Department’s Internet application systems fail. Practically, it achieves this by listing the exact approved forms and fees and by requiring a departmental email with specific content before an applicant may lodge by email (sections 6, 7, 8). The operational test is whether the Department can reliably detect outages, issue the required departmental emails in time, and process the emailed applications without creating processing backlogs or inconsistent treatment. The main trade-off is administrative effort in return for reducing the chance an applicant becomes unlawful during an outage (section 7(3)(c))."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument replaces an earlier version to include the new subclass 494 visa and update approved forms and fees, without altering the substantive visa criteria."},"complexity_factors":["The instrument only prescribes approved forms, fees, and a contingency lodgement process; it does not introduce new policy or legal tests."],"plain_english_summary":"This instrument prescribes the approved forms, fees and lodgement methods for sponsorship and nomination applications for subclasses 407, 457, 482 and 494, requiring most applications to be made online and setting key fees (e.g. $420 for sponsorship/variation, $330 for 457/482 nominations, $170 for 407 training nominations, no fee for 494). It also provides an emergency email fallback allowing departmental officers to accept same‑day emailed forms during system outages to prevent applicants becoming unlawful. It repeals IMMI 18/038."}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas","history":"/api/acts/migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas/history","analysis":"/api/acts/migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas/analysis","conflicts":"/api/acts/migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas/conflicts","importantCases":"/api/acts/migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas/important-cases","documents":"/api/acts/migration-lin-19-215-sponsorship-applications-and-nominations-for-subclass-407-457-482-and-494-visas/documents"}}