Understanding Full-Time Work Requirements for Employer-Sponsored Visas
One common concern for employers and visa applicants relates to the definition of “full-time” work, particularly when company policies specify 37.5 hours per week instead of the standard 38 hours.
Policy Framework:
Under Regulation 5.19, positions should generally be considered full-time where the employee works 38 hours per week, or a period between 32 and 45 hours that is specified under an industry award or agreement and is consistent with the National Employment Standards (NES).
The Practical Position:
37.5 hours per week is considered acceptable and qualifies as full-time employment for visa purposes. This applies to both 482 visa nominations and 186 TRT applications.
Scenarios and Changes:
When a 186 TRT candidate’s working hours change from 38 to 37.5 hours due to company policy changes, the position is still classified as full-time. This change generally does not need to be specifically reported as part of SBS monitoring if the arrangement remains within full-time parameters.
Industry Practice:
In practice, the Department has not raised issues with positions offering 37.5 hours per week, recognising that various industries have different standard working week definitions that still meet the full-time threshold.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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