A Business Guide to Intra-Company Transfers Under Australia’s 400 and 482 Visas

To meet project demands and bridge local skill gaps, businesses may need to engage international employees in Australia. The 2 main pathways for international corporate transfers are:

• Skills in Demand (SID) (subclass 482) visa 
• Temporary Work (Short Stay Specialist) (subclass 400) visa

While both can facilitate talent mobility, they differ significantly in duration, requirements, cost, and strategic use. Below is a quick reference table outlining the primary differences: 

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This blog will examine how each visa operates, focusing on intra-company scenarios.

Skills in Demand (SID) (subclass 482) visa

The 482 visa is the most common visa utilised by businesses to help support employers facing skills shortages for roles requiring overseas skills not readily found in the local labour market. With validity of up to 4 years, it has become the go-to solution for longer-term transfers. 

An intra-company transfer under the 482 visa can be used to help international businesses set up their Australian operations, accelerate current projects by leveraging existing proprietary knowledge, and retain and reward its valued talent. Intra-corporate transfers are often beneficial as the employee is already familiar with the company’s culture, processes, and products, making the transition smoother.

Briefly, the 482 visa process consists of 3 parts – Standard Business Sponsor (SBS), nomination application and visa application. 

Under the nomination application, the Labour Market Testing (LMT) requirement typically is often the most time-consuming component. However, intra-corporate transfers are exempt from LMT, which can reduce the application preparation time by a month. 

Visa applicants also must demonstrate that they have sufficient English proficiency to qualify for the 482 visa. Intra-corporate transferees earning a salary of at least $96,400 for the Australian role are also exempt from this language requirement. 

Collectively, these concessions enable companies to streamline the 482 applications and bring skilled talent onboard more quickly. 

The business will need to submit a statement addressing the need for the intra-corporate transfer and a copy of an assignment letter on company letterhead and include (as a minimum):

• A statement confirming that the nominee is engaged under a contract of employment;
• The name of the company the nominee is employed by;
• The name of the sponsoring company in Australia (where applicable);
• Salary details for Australian assignment, including base salary and applicable allowances;
• Occupation in Australia (as defined by ANZSCO);
• Length of assignment;
• Signature of company representative and date; and
• Signature of nominee accepting terms and conditions of assignment and date.

Temporary Work (Short Stay Specialist) (subclass 400) visa

The 400 visa is most suited for businesses looking for employees to perform short-term non-ongoing work. While the visa is normally granted for a 3-month stay period, but it can be up to 6 months where there is a strong business case. 

This visa is best suited for highly specialised projects with a finite timeline, it should not be used for rotating intra-company transferees to fill a longer-term position. The ‘non-ongoing’ requirement is essential to maintaining integrity of labour market access and is designed to stop applicants from circumventing the stricter 482 visa requirements. 

Intra-corporate transfers situations where a 400 visa can be used includes:

• An auditor on secondment to the Australian arm of an international company, to assist during busy auditing periods;
• A project manager with proprietary knowledge/skills undertaking a limited-term secondment to enable the incumbent manager to go on leave;
• An engineer seconded for a brief assignment to contribute technical specifications or cost assessments during the tendering stage of a major infrastructure project;
• An employee from the manufacturer’s overseas headquarters is deployed for 2 months to oversee installation and training on specialised machinery;
• An in-house training professional is sent to Australia to deliver a project-based training workshops for staff as part of a new product rollout.

While there are no formal LMT requirements, the visa application should include a statement from the prospective employer illustrating why the specific expertise cannot be easily sourced in Australia. With a faster processing time and fewer sponsorship requirements, the 400 visa can be a cost-effective option for urgent short-term assignments. 

One drawback is that the 400 visa offers no direct path to permanent residency. Should the employee need an extended stay or want permanent residency options, they will need to look at other visa options, like the 482 visa. 

Conclusion

When contemplating visa options for intra-company transfers, the 482 visa is often the most appropriate solution for medium to long term stays. Exemptions to LMT and English language requirements for certain salary holders help significantly reduce the application preparation time. The 482 visa also offers a pathway to permanent residency, assisting with talent retention. 

On the other hand, the 400 visa is best used for short-term deployments where the position is highly specialised and needs to be filled urgently. Although the 400 visa typically sees faster decisions, employers must weigh whether its shorter maximum stay meets their project needs. For extended assignments, the 482 visa remains a more suitable pathway, despite a slightly lengthier processing window.

Ultimately, the choice depends on the nature of the role, expected duration, and business objectives.

Need More Guidance?

For questions on inbound corporate transfers, consider consulting our work visa specialists at Australian Migration Lawyers. Staying informed and proactive is the key to leveraging Australia’s immigration framework effectively and keeping your global mobility program running smoothly.

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