If you have a job offer from an Australian employer, employer sponsorship may be the most direct route to working and eventually living permanently in Australia. The employer sponsored visa program has three main components: the employer becomes an approved sponsor, the employer nominates a position for you, and you apply for the visa.
Is this your situation?
You have a job offer but you are not sure whether the employer can sponsor you, whether your occupation is on the right list, or whether you meet the requirements. Or your employer wants to sponsor you but does not know how to get started.
Or you are already on a 482 visa and you want to know when and how you can move to permanent residence through the 186. Or your nomination has been refused and you are not sure what happens next.
Subclass 482 - Skills in Demand visa
The 482 is a temporary visa that allows you to work for a specific employer in a nominated occupation. It replaced the old 457 visa. There are different streams depending on your occupation and the applicable skills list.
The Short-Term stream grants a visa for up to two years with limited renewal options. It does not provide a pathway to permanent residence. If your occupation is only on the Short-Term list, your options for staying permanently are limited through this visa.
The Medium-Term stream grants up to four years and includes a pathway to permanent residence through the subclass 186 after working for the employer for the qualifying period. This is the stream most people want.
The Labour Agreement stream is for occupations covered by a labour agreement between the employer and the Australian government. This stream is relevant for regional employers accessing DAMA or industry agreements.
What you need for a 482
You need a skill assessment for your nominated occupation (in most cases), at least two years of relevant work experience and English language proficiency at the required level. The employer must pay you at or above the market salary rate.
The two years of work experience must be in the nominated occupation or a closely related one. It must be full-time (or equivalent part-time hours). It must have been gained in the five years before the application is lodged. Work experience while studying (part-time jobs unrelated to your occupation) generally does not count.
Subclass 186 - Employer Nomination Scheme (ENS)
The 186 is a permanent residence visa. There are three streams:
Temporary Residence Transition (TRT) stream
This is for 482 visa holders who have worked for their nominating employer for the required period (usually two or three years depending on when the 482 was granted). This is the most common pathway from 482 to permanent residence.
Direct Entry stream
This is for applicants who have not held a 482 visa but have a positive skill assessment and meet the other requirements. It is also used for applicants nominated under a labour agreement. The Direct Entry stream requires higher English scores than the TRT stream.
Labour Agreement stream
This applies to employers who have a labour agreement and are nominating a worker under that agreement.
Subclass 494 - Skilled Employer Sponsored Regional
The 494 is for employers in regional Australia. It grants a five-year visa and includes a pathway to permanent residence through the subclass 191 after living and working in a regional area for three years.
Regional areas in Queensland include everywhere outside Greater Brisbane. That covers the Gold Coast, Sunshine Coast, Toowoomba, Cairns, Townsville and all other areas outside the metropolitan boundary. This makes the 494 relevant for a large number of Queensland employers.
For employers - what you need to know
If you are a Queensland employer looking to sponsor an overseas worker, the process starts with becoming an approved Standard Business Sponsor. This involves demonstrating that your business is lawfully operating, that you have a genuine need for the position, and that you can meet all sponsorship obligations.
Sponsorship obligations include paying the worker at or above market salary rate, keeping records, notifying the Department of changes, and not recovering sponsorship costs from the worker. Breaching these obligations can result in civil penalties and bars on future sponsorship.
We work with employers across hospitality, construction, healthcare, IT, trades, agriculture and manufacturing in Brisbane and regional Queensland.
Common problems with employer sponsored visas
The nomination is where most problems occur. The Department refuses nominations when:
The position does not genuinely exist or the duties do not match the nominated occupation. A business that nominates someone as a "marketing specialist" but the actual work is administrative support is going to get caught.
The salary is below market rate. The Department checks whether the offered salary is consistent with what Australian workers are paid for the same role in the same location.
The employer cannot demonstrate a genuine operational need. A small business with three employees nominating a specialist role that does not align with the business activities raises questions.
The applicant does not have the required skills or experience. If the skill assessment says you are qualified but the employment references do not support it, the nomination can fail.
Nomination or visa refused? Act fast.
If your nomination or visa has been refused, you may be able to apply for a review at the Administrative Review Tribunal. The deadline is usually 21 days for onshore decisions. Both the employer (for nomination refusals) and the worker (for visa refusals) may have review rights.
Do not assume the refusal is final, but do not wait. Call us on 0425 825 500 the same day.
How Robbie Toor (MARN 1170356) helps with employer sponsored visas
Robbie handles all three stages of the employer sponsorship process, from sponsorship approval to nomination to the visa application. He advises both employers and visa applicants. He has been working with employer sponsored visas since 2011 and can identify problems before they become refusals.
If a nomination or visa has been refused, Robbie can assess the refusal reasons and advise on whether an ART review or a fresh application is the better path.