Employer-sponsored visas are one of the most common pathways for skilled workers to come to Australia. They are also one of the most misunderstood, particularly around the obligations that come with sponsorship.
This guide covers what both employers and visa applicants need to understand before entering into a sponsorship arrangement.
The Main Employer-Sponsored Visa Types
The Temporary Skill Shortage visa (subclass 482) is the main pathway for employers to bring overseas workers to fill positions they cannot fill locally. It comes in two streams: the Short-Term stream (up to two years, or four years for certain agreement holders) and the Medium-Term stream (up to four years, with a pathway to permanent residence).
The Employer Nomination Scheme visa (subclass 186) is a permanent residence visa. It can be accessed through the Temporary Residence Transition stream (for 482 holders who have worked with their sponsor for at least three years), the Direct Entry stream (for those nominated by an approved sponsor without needing to have held a 482 first), or the Labour Agreement stream.
What Employers Need to Do First
An employer cannot nominate a worker for an employer-sponsored visa unless they are an approved standard business sponsor. Sponsorship approval requires demonstrating that the business is lawfully operating, has no adverse immigration history, and has a genuine need for the position.
The application for sponsorship approval is separate from the nomination and visa application. It can take several weeks to process. Employers planning to bring in overseas workers should start this process early.
Nomination Requirements
Once approved as a sponsor, the employer must nominate the specific position and applicant. The nominated occupation must be on the relevant occupation list, the position must be genuine, and the salary offered must meet the Temporary Skilled Migration Income Threshold (TSMIT), which is reviewed periodically and currently sits above AUD 73,000.
The employer is also required to demonstrate that they have tested the local labour market, unless the position qualifies for an exemption.
Applicant Requirements
The visa applicant must have the skills, qualifications, and work experience required for the nominated occupation. They must have a positive skills assessment in some cases, meet health and character requirements, and have a recent skills assessment or work experience in the occupation.
For the 482 visa, the applicant typically needs at least two years of relevant work experience. English language proficiency is required at a minimum level, with variations depending on the occupation.
Sponsor Obligations: What Employers Often Miss
Approved sponsors have ongoing obligations that many employers do not fully appreciate until they face a compliance audit. These include paying the sponsored worker at least the equivalent of what an Australian worker in the same role would earn, not transferring the cost of the visa to the worker, keeping employment records, and notifying the Department when the worker ceases employment.
Breaching sponsor obligations can result in sanctions, cancellation of sponsorship approval, and civil penalties. The Department of Home Affairs actively monitors employer sponsors and conducts compliance visits.
Skilling Australians Fund Levy
Employers who use the 482 visa program are required to pay the Skilling Australians Fund (SAF) levy. For small businesses (fewer than 10 employees or annual turnover under AUD 10 million), the levy is AUD 1,200 per year of the visa. For larger businesses, it is AUD 1,800 per year. This is a significant cost for multi-year visas and should be factored into employment planning.
Pathway to Permanent Residence
For employees, the long-term attraction of employer sponsorship is the pathway to permanent residence. Workers who hold a 482 visa in a medium-term occupation can apply for the 186 visa after three years of work with their sponsoring employer. This is a genuine and well-used pathway, but it requires the employment relationship to continue for that duration, and the employer must be willing to support the permanent nomination.
What Can Go Wrong
Applications run into trouble when the nominated occupation does not match the actual duties of the role, when salary does not genuinely meet the TSMIT requirement, when the employer’s business circumstances change and the role no longer exists, or when the worker’s skills assessment does not align with the nominated occupation.
A migration agent who works regularly with employer-sponsored visas in Brisbane or on the Gold Coast can help both parties understand their obligations and structure the application correctly from the start.
Frequently Asked Questions
Can an employee pay their own visa sponsorship costs?
Legislation prohibits approved sponsors from passing the cost of sponsorship or nomination to the worker. Visa application charges are a different matter, but the SAF levy and sponsorship costs must be borne by the employer.
How long does sponsorship approval take?
Processing times vary but typically range from a few weeks to a couple of months. It is worth applying well in advance of when the worker is needed.
Can a worker change employers on a 482 visa?
A 482 visa holder can change employers, but the new employer must be an approved sponsor and must nominate the worker for a new position. The worker cannot simply start with a new employer without this process being completed.