If you are a temporary visa holder working in Australia wishing to work in the offshore oil and gas industry in any capacity, you can only perform work for an Offshore Resource Activity if you are the holder of the following visas:

• Subclass 482
• Subclass 400
• or you’re an Australian Citizen/Australian Permanent Resident

(If you are the holder of a Working Holiday Visa, you cannot work offshore for an Offshore Resource Activity).

What is an Offshore Resource Activity?

These may include activities such as the exploration or exploitation of minerals, greenhouse gas and petroleum resources within Australia’s Exclusive Economic Zone and waters above the Continental Shelf. This can be on a vessel, platform, any resource installations and Australian sea installations.

The ORA Act 2014 is in place to ensure the regulation of foreign workers participation in offshore resource activities by bringing these persons into the migration zone and thereby requiring them to hold a visa of the type specified above.

482 visa holders, who are not sponsored under the labour agreement stream, can transfer to a new employer, for sponsored employment, upon approval of a new 482 nomination, provided they will be working in the same occupation.

However, if employers are approved as a Standard Business Sponsor without a labour agreement and they intend to take over the sponsorship of someone who holds a 482 visa granted under the labour agreement stream, not only will they need to lodge a new 482 Nomination but the 482 visa holder will also need to lodge a new 482 visa application.

Australian Border Force (ABF) keeps a publicly available register of sponsors who have breached their sponsorship obligations. A bit of a name and shame scenario, to deter other sponsors from breaching their obligations.

Did you know there are 10 sponsorship obligations you must abide by if you are a Standard Business Sponsor?

There are also sanctions linked to these obligations for any breaches.  These can come in the form of:

• Administrative – e.g. Barring or cancelling;
• Enforceable Undertaking – promise in writing to undertake or complete certain actions;
• Civil – infringement notices for both individuals and bodies corporate or a civil penalty order for a corporate or individual;
• Employer Prohibition – for those who deliberately or repeatedly break the law, may be prevented from employing more overseas workers for a period of time.

It is very important that you are aware of your obligations as the individual signing off on the nomination applications and as an organisation. Education and training, along with sharing knowledge across the business is important in order to reduce your risk.

The Working holiday Maker (WHM) Program has over 40 partner countries or jurisdictions in two visa subclasses.

The Working Holiday Subclass 417 and the Work and Holiday Subclass 462 visa. 

The Australian Government has included China, Vietnam and India in the Subclass 462 visa program. For those nationalities to be eligible to apply for the Subclass 462 Visa, a Ballot Process or pre application process was put in place last year. This ballot process is held annually usually within the program year, first of which was 2024/2025.

To be eligible for the ballot process you must:

• Create an ImmiAccount
• Be between 18 and 30
• Hold a valid passport issued by an eligible ballot participating country
• Hold a valid national identity card issued by an eligible ballot participating country
• Have a valid email address
• Verify your email address
• Agree to the registration forms declaration
• Pay the registration fee of AUD25.
• You can be in or outside of Australia when you register.

• Babies born in Australia to subclass 482 visa holders do not get automatic permanent residency.
• If both parents are on the temporary subclass 482 visa, the new baby needs to be added to the application via an email to the Department of Home Affairs, along with the necessary supporting documents.
• Babies born outside of Australia to subclass 482 visa holders are required to make a visa application through the ImmiAccount and pay full primary visa application fees of $3115.
• Please ensure that you allow for visa lodgement and approval before travelling back to Australia with your new baby. The baby will need a valid passport for travel. There may be other temporary visa options available to return prior to lodgement of the subclass 482 visa.
• Babies born outside of Australia to at least one parent who is an Australian permanent resident, may be required to apply for a Child visa.
• Babies born in Australia to at least one parent holding Australian Permanent residency may be eligible for Australian Citizenship.
• Babies born in or outside of Australia to parents who have lodged their Australian permanent residency, will need to be added to the temporary visa they hold and then be included in the application for residency. You must notify the Department of your new addition to your family.