Home/Migration Law/Employer Sponsored Visas

Employer Sponsored Visas

Overview

✦Employer Sponsored Visas — Helping Businesses Build a Skilled Workforce

Employer-sponsored visas allow Australian businesses to address genuine skill shortages by sponsoring suitably qualified overseas workers for eligible positions where appropriately skilled Australian workers are not readily available.

The process generally involves three stages: approval as a sponsor, nomination of the position, and the individual visa application.

In December 2024, the Skills in Demand (Subclass 482) visa replaced the previous Temporary Skill Shortage (TSS) visa framework. One of the key changes is that applicants generally require at least one year of relevant work experience, compared with the previous two-year requirement.

The Three Streams of the Skills in Demand (Subclass 482) Visa

Core Skills stream

The Core Skills stream is the primary pathway for skilled workers employed in occupations listed on the Core Skills Occupation List (CSOL). The nominated salary must meet or exceed the Core Skills Income Threshold (CSIT) — $79,499 for nominations lodged on or after 1 July 2026 — or the Annual Market Salary Rate (AMSR), whichever is higher. Successful applicants may be granted a visa for up to four years and may become eligible for permanent residence through the relevant pathway.

Specialist Skills stream

The Specialist Skills stream is designed for highly skilled professionals earning higher salaries and may benefit from priority processing, subject to the Department of Home Affairs' processing arrangements. The nominated salary must meet or exceed the Specialist Skills Income Threshold (SSIT) — $146,717 for nominations lodged on or after 1 July 2026. This stream is generally not available for trades workers, machinery operators, drivers, or labourers.

Labour Agreement stream

The Labour Agreement stream is available where the standard employer-sponsored visa framework does not meet the needs of a particular industry, business, or region. Occupations, salary requirements, and any concessions are determined by the terms of the individual Labour Agreement negotiated with the Australian Government.

Four Pillars of Sponsorship Compliance

1. Standard Business Sponsorship

Before sponsoring an overseas worker, the employer must generally be approved as a Standard Business Sponsor, demonstrating that the business is lawfully operating, actively trading, and has an appropriate record of compliance.

2. Labour Market Testing

Employers must generally demonstrate that genuine efforts have been made to recruit suitably qualified Australian workers before sponsoring an overseas worker. Advertising must comply with the legislative requirements, including the prescribed advertising period (generally 28 days) and approved advertising platforms. Employers should retain evidence of their recruitment activities.

3. Skills assessment where required

Depending on the occupation and the applicant’s individual circumstances, a formal skills assessment from the relevant authority (for example VETASSESS or ACS) may be required.

4. Market salary and sponsor obligations

Sponsors must pay at least the Annual Market Salary Rate (AMSR) (or the applicable income threshold, where higher) to ensure overseas workers are not used to undercut Australian wages. Sponsors must also comply with their sponsorship obligations, including meeting the costs they are legally required to bear and notifying the Department of Home Affairs of relevant changes within the prescribed timeframes.

Pathway to Permanent Residence

Employer Nomination Scheme (Subclass 186)

Many employer-sponsored workers may become eligible for permanent residence through the Employer Nomination Scheme (Subclass 186). The Temporary Residence Transition stream generally allows eligible workers to apply after completing two years of full-time employment with their sponsoring employer, subject to the applicable legislative requirements. Alternatively, the Direct Entry stream may be available where the applicant meets the relevant eligibility requirements, including obtaining a positive skills assessment where required.

Sponsorship Compliance Is Under Closer Scrutiny

The Department of Home Affairs increasingly cross-checks sponsorship data, including against Australian Taxation Office records. Errors in salary benchmarking or labour market testing can lead to nomination refusals, penalties or the loss of sponsorship approval. Whether you are an employer building a stable workforce or a professional securing your future in Australia, we provide careful, end-to-end guidance.

Frequently Asked Questions

What visas are available under employer sponsorship?

Common options include temporary skilled visas and permanent employer-sponsored pathways. The most appropriate visa will depend on factors such as the position, occupation, skills, qualifications, and the employer's circumstances.

Does my employer need to be approved sponsor?

Yes. In most cases, employers must first become an approved sponsor and continue to meet their sponsorship obligations before they can nominate an overseas worker.

Can I change employers while on a sponsored visa?

In many cases, yes. However, changing employers may require a new sponsorship or nomination, depending on your visa conditions and individual circumstances. It is important to obtain legal advice before changing employment.

What happens if my sponsorship/employment ends?

If your employment ends while you hold a sponsored visa, your visa options will depend on your individual circumstances. You may be able to find another approved sponsor, apply for a different visa, or make arrangements to depart Australia if no other visa options are available.

Can employers sponsor workers from overseas?

Yes. Approved employers may sponsor suitably qualified overseas workers where they cannot find appropriately skilled Australian workers and all legislative requirements are satisfied.

Can employer-sponsored visas lead to permanent residence?

Yes. Depending on your circumstances and the visa pathway, employer-sponsored workers may become eligible for permanent residence, including through the Employer Nomination Scheme (Subclass 186), provided they satisfy the relevant legislative requirements.

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Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

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Ready to Discuss Your Employer-Sponsored Visa Options?

Whether you are an employer seeking to sponsor skilled workers or a professional exploring employer-sponsored visa pathways, we are here to help. We provide practical legal advice, tailored guidance, and personalised representation at every stage of the sponsorship and visa process.

Home/Migration Law/Employer Sponsored Visas

Employer Sponsored Visas

Overview

✦Employer Sponsored Visas — Helping Businesses Build a Skilled Workforce

The process generally involves three stages: approval as a sponsor, nomination of the position, and the individual visa application.

The Three Streams of the Skills in Demand (Subclass 482) Visa

Core Skills stream

Specialist Skills stream

Labour Agreement stream

Four Pillars of Sponsorship Compliance

1. Standard Business Sponsorship

2. Labour Market Testing

3. Skills assessment where required

Depending on the occupation and the applicant’s individual circumstances, a formal skills assessment from the relevant authority (for example VETASSESS or ACS) may be required.

4. Market salary and sponsor obligations

Pathway to Permanent Residence

Employer Nomination Scheme (Subclass 186)

Sponsorship Compliance Is Under Closer Scrutiny

Frequently Asked Questions

What visas are available under employer sponsorship?

Does my employer need to be approved sponsor?

Yes. In most cases, employers must first become an approved sponsor and continue to meet their sponsorship obligations before they can nominate an overseas worker.

Can I change employers while on a sponsored visa?

What happens if my sponsorship/employment ends?

Can employers sponsor workers from overseas?

Yes. Approved employers may sponsor suitably qualified overseas workers where they cannot find appropriately skilled Australian workers and all legislative requirements are satisfied.

Can employer-sponsored visas lead to permanent residence?

Why Choose Yantra Legal?

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived Migration Experience

Direct Access to Your Solicitor

Clear & Honest Advice

Legal advice should be clear, not confusing. We explain your options in plain English and, where helpful, in Nepali or Hindi, so you can make informed decisions with confidence.

Truly Personalised Representation

Fixed-Fee Transparency

We believe you should know what to expect before you proceed. We offer fixed-fee initial consultations and provide clear information about legal costs, so there are no unexpected surprises.

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived ExperienceDirect Solicitor AccessClear & Honest AdvicePersonalised RepresentationFixed-Fee Transparency