Employers · The first 90 days
Your sponsored worker has been granted the visa: the employer’s checklist for the first 90 days, from the start date to the records the Department will ask for
The grant letter is where the employer’s part of the work begins. The worker must start in the nominated position within 90 days, at the nominated salary from the first pay, doing the nominated occupation’s work at the nominated location, with the right-to-work check recorded, the contract matching the nomination, and the file that a monitoring officer will ask for two years later already open. Most sponsor breaches are not fraud; they are a late start, a title on the payslip that does not match the nomination, a salary that slipped below the figure, a second site nobody told the Department about, and a folder nobody kept. This guide is the checklist for the first week, the first month and the first 90 days: the start date and the condition behind it, the VEVO check, the contract and the payroll, the duties and the promotion that needs a new nomination, the location and the second site, health cover, the records and how long they are kept, the notifications that run from the start, the dependants, the 186 clock that begins on day one, and the mistakes to avoid.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Start
- In the nominated position within 90 days of arrival or grant
- Day one
- VEVO check recorded; contract matching the nomination; payroll at the nominated salary with super
- Duties
- The nominated occupation; a change of role needs a new nomination
- Location
- As nominated; a new site is nominated or notified as the rules allow
- Records
- Kept for the period the obligations set, years after the sponsorship ends
- The 186 clock
- Two years of full-time work in the occupation starts on day one
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The 90-day start
Condition 8607 on the 482 requires the holder to commence work in the nominated position within 90 days of arriving in Australia, where the visa was granted abroad, or within 90 days of the grant where the holder was in Australia, and to work only in that position for the sponsor thereafter; the 494 carries the same requirement. A worker who starts on day 91 is in breach, and an employer who was not ready for the worker, whose position was not available, or who put the worker on another job while waiting, has shown the Department that the nominated position was not what it was said to be. The start date goes in the contract and the payroll, the employer plans the arrival around it, and a delay the employer can see coming, a visa granted months before the planned move, a worker serving notice abroad, is managed by timing the arrival or, where the 90 days will be missed, by writing to the Department before they run out. The arrival guide covers the worker's side of the same weeks.
Day one: the VEVO check and the record
Before the first shift the employer checks the worker's visa in VEVO, with the worker's consent and passport details, and records the result with the date, the visa subclass, the grant and expiry dates and the conditions, keeping the record in the worker's file; the check proves the right to work, which every employer must verify for a non-citizen, and it is the first document a monitoring officer asks for. The employer also keeps the grant letter and the nomination approval together, so that the position, the occupation, the salary and the location nominated are in front of whoever manages the worker. A worker whose visa has not yet been granted, who is on a bridging visa from the 482 application, is checked in the same way and the conditions of the bridging visa, which may restrict the employer or the hours, are read before the shift. The VEVO guide covers the check.
The contract that matches the nomination
The sponsorship obligations require the sponsor to employ the worker under a written contract, and the contract must match the nomination: the position title and the occupation, the duties as described in the position description lodged, the full-time hours, the salary at the nominated figure with superannuation on top, the location, the start date, and terms no less favourable than an Australian's in the same role; a contract that says something different from the nomination, a different title, a lower base with allowances, a probation clause that lets the salary drop, is the document the Department reads first. The contract is signed before or on the start date, a copy goes in the file, and any later variation is read against the nomination before it is signed. The employer's standard contract is adapted to the nomination, not the other way round.
The payroll at the nominated salary
The worker is paid the nominated salary from the first pay, through the payroll, with superannuation at the statutory rate, reported through single touch payroll, and shown on payslips that carry the nominated title; the Department's monitoring reads the payroll, the superannuation statements and the Tax Office's data for whether the nominated salary was paid for the nominated hours, and a shortfall, a delayed first pay, a cash top-up outside the payroll, a salary sacrifice that reduces the base below the figure, or a deduction for visa costs is a breach the data reveals. The nominated salary is the guaranteed annual earnings, and the employer who structured the figure with allowances the worker does not always receive has a nomination that the payroll does not match. The salary is reviewed against the market rate as the obligations require, and raised when the award or the market moves. The deductions guide covers what may never come out of the pay.
The duties, and the change that needs a new nomination
The worker does the work of the nominated occupation, as the position description lodged with the nomination describes it, and induction, training and the incidental tasks any role carries are part of that; a worker kept on other work while the real role is organised, a nominated chef working as a kitchen hand, a nominated engineer on the tools, is not in the nominated position, and the first months are when it happens. A change of duties that moves the role to another occupation, a promotion into management, a move to a different function, or a restructure, requires a new nomination approved before the change takes effect, and a change within the occupation, a pay rise, a senior title in the same role, is notified; the promotion guide sets out which is which. The manager who runs the worker day to day knows the position description, because the roster and the task lists are what a monitoring officer compares with it.
The location and the second site
The worker works at the location nominated, and a second site, a branch, a client's premises or a new office is covered only where the nomination included it or the Department's rules on multiple locations and incidental work away from the nominated site allow it; a worker moved to a site in another city that was not nominated is working outside the nominated position, and the employer notifies the change or lodges a new nomination as the rules require. Work from home is read against the nomination's location and the Department's policy on the place of work, and an employer that moves a sponsored worker to remote work in another state reads the rules first. The multiple sites guide covers each case.
Health cover
The worker and each dependant must hold adequate health insurance for the whole stay under condition 8501, and the employer who undertook in the nomination or the contract to pay for it arranges the policy from the arrival date, for every person on the visa, and keeps it paid; an employer who agreed to pay and stops has caused the worker a breach and has broken the undertaking, and an employer who did not agree checks on day one that the worker has the cover, because a worker without it is in breach from arrival. The 8501 guide covers what a lapse does.
The records
- The sponsorship approval, the nomination and its attachments, the labour market testing evidence, and the grant letter.
- The VEVO check record for the worker and any dependant who works for the business.
- The written contract and every variation.
- Payslips, the payroll records, the superannuation contributions and the tax reporting, showing the salary and the hours.
- The position description, the roster and the evidence of the duties performed.
- The location of work and any change.
- Every notification made to the Department and its acknowledgement.
- The health cover arrangement where the employer pays it.
- The training expenditure or the levy records where the obligations require them.
The obligations require the records to be kept in a form the Department can inspect, for the period the regulations set, which runs for years after the sponsorship or the employment ends, and to be produced on request within the time given; one file per worker, opened on day one, is the whole of the discipline. The obligations guide sets out the record-keeping and the monitoring.
The notifications that run from the start
From the grant the sponsor must notify the Department, in writing, within the period the obligations set, of the events they list: the worker not commencing, the worker ceasing employment, a change in the worker's duties or position, a change in the business's name, structure, ownership or contact details, the sponsor ceasing to operate, and the others; the notifications are made through ImmiAccount against the sponsorship, and the acknowledgement is kept. The first-months events that are most often missed are the worker who did not start on the planned date, the title changed at induction, and the business that changed its trading name; each is notifiable, and each is found later from the records when it was not notified. The resignation guide covers the notification when the worker leaves.
The dependants
The worker's partner and children on the same 482 hold visas with their own conditions: the partner has unrestricted work rights and may work for the sponsor or anyone, as an ordinary employee with a VEVO check, the children may study, and each must hold health cover; the employer's obligations do not extend to the dependants beyond any cover it agreed to pay, and the dependants' employment elsewhere is not the sponsor's concern. The children's school fees depend on the state and the visa, which the school fees guide covers, and a worker asking the employer about them is pointed there.
The 186 clock
The two years of full-time work in the nominated occupation that the 186 transition stream requires start on the first day, and the records the employer keeps from day one are the evidence the 186 nomination will need: the contract, the payslips for every pay, the superannuation, the duties and the location, and a letter the employer will write in two years confirming the dates and the position. An employer who intends to keep the worker plans the 186 from the start, and an employer who does not tells the worker, because since December 2024 the worker's time counts toward a 186 with another sponsor too. The 186 pathway guide covers the stream, and the previous-sponsor guide the count across employers.
The first-months mistakes
- A start after the 90 days, or a start on other work while the real role was organised.
- A payslip title or a contract title that does not match the nominated occupation.
- A first pay below the nominated salary, a probation rate, or allowances counted into the figure and not always paid.
- A cash top-up or a payment outside the payroll.
- A deduction for the visa, the agent, the flight or the levy.
- A site not nominated, or work from another state.
- The business's trading name or ownership changed without notification.
- No VEVO record, no file, no copy of the nomination.
- Health cover not arranged for a dependant.
General information only, current at October 2026; not advice on your own case, and not employment law advice. Conditions 8607 and 8501 in Schedule 8 to the Migration Regulations 1994, the sponsorship obligations in Division 2.19 including the obligations to employ under a written contract, to pay the nominated salary, to keep records, to notify and to cooperate with monitoring, the sanctions in Division 2.20, and the Fair Work Act 2009 and the Migration Act 1958 provisions on work rights checks, as in force at the date above; the periods for notifications and record-keeping are those the regulations set and the current position governs. Outcomes depend on the Department’s assessment of each case; no registered migration agent can guarantee a result (Code of Conduct, Migration Agents Regulations). Keshab Chapagain, MARN 1576536.
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The visa has been granted. When does the worker have to start?
Within 90 days of arriving in Australia if the visa was granted while the worker was abroad, or within 90 days of the grant if the worker was in Australia, under the condition on the visa; a worker who has not started in the nominated position by then is in breach, and the employer who has not provided the position is examined for whether it was genuine. The start date is recorded in the contract and the payroll, and a delay, a late arrival, a notice period with a previous employer, is kept inside the 90 days or raised with the Department before it runs out.
What do we check and record on day one?
The worker's visa in VEVO, with the worker's consent, recording the result, the date and the conditions, which proves the right to work and starts the record the Department will ask for; the written employment contract matching the nomination in title, duties, hours, salary and location; the payroll set up at the nominated salary with superannuation, from the first pay; the tax file declaration, the bank details, and the policies the worker signs. Keep the grant letter and the nomination approval together in the worker's file.
Can the worker do other duties while they settle in, or cover another role?
The worker must work in the nominated occupation, and short induction, training and reasonable incidental tasks are part of any role; a worker nominated as a chef who spends the first months as a kitchen hand, or a nominated accountant doing reception, is not in the nominated position, which is the employer's breach and the worker's. A permanent change of duties to another occupation, or a promotion that moves the role, needs a new nomination before it happens, and a temporary secondment to another site needs the site to be nominated or notified as the rules allow.
What records do we have to keep?
The sponsorship obligations require records of the worker's employment: the contract, the payslips and the payroll showing the salary and the hours, the superannuation, the duties and the position, the location, the work rights check, the notifications made, and the labour market testing and nomination documents, kept in a form the Department can inspect for the period the obligations set, which runs for years after the sponsorship ends. A sponsor with the records in one file answers a monitoring request in an afternoon; a sponsor without them is the one the Department sanctions.
The worker's partner and children came too. What are their rights?
They hold the same 482 with their own conditions: the partner has unrestricted work rights and can work for anyone, the children can study, and each must hold health cover; they are not the employer's concern beyond the health cover the employer may have agreed to pay. School fees for the children depend on the state, and the worker reads the school fees guide. The partner's employment elsewhere does not affect the sponsorship.
What does the consultation cost?
A$330 inc. GST for 30 minutes by video with Keshab Chapagain (MARN 1576536), credited in full against the engagement. For an employer whose first sponsored worker is starting, the session sets up the file, the payroll and the notifications so the monitoring that follows finds nothing.
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