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186: Employer
Nominated Scheme

482: Temporary Skill Shortage

494: Skilled Employer Sponsored Regional

400: Temporary Work

407: Training

408: Temporary Activity

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Australian Immigration Services

Specialising in all types of visas and citizenship matters

Sponsorship Visa Australia

Under Australia’s immigration law, the employer sponsored visa scheme is to address skill shortages in Australia’s labor market. The legal obligations must be discharged by both the sponsoring employer and the employee being sponsored for the employer sponsored visas to be granted and maintained.

Few work visas in Australia may only be available to skilled workers employed in regional areas, whilst many skill shortage visa options allow them to work in for the positions in major cities, such as metropolitan Melbourne, Sydney and Brisbane. It is therefore vital to discuss with an accredited migration agent for the optimal way to secure your work visa in Australia.

In Australia’s employer sponsored visa scheme, the prospective foreign skilled workers may consider:

Subclass 482: Temporary Skill Shortage – Temporary Residency
Subclass 186: Employer Nominated Scheme – Permanent Residency
Subclass 494: Skilled Employer Sponsored Regional – Temporary Residency
Subclass 400: Temporary Work – Temporary Residency
Subclass 407: Training – Temporary Residency
Subclass 408: Temporary Activity – Temporary Residency

482 – Temporary Skill Shortage

This is a temporary visa allowing sponsorship for up to 4 years where the nominated occupation falls under the Medium and Long-term Strategic Skills List, or 2 years if under the Short-term Skilled Occupation List. The employers must demonstrate a genuine attempt to source workers domestically, subject to limited exemptions. 482 visas are probably the most widely used in this category as they can be located in major cities, such as Melbourne, Gold Coast.

186 – Employer Nominated Scheme

This is a permanent visa for skilled workers to be sponsored by Australian employers. 186 visas can be applied by 482 visa holders in the temporary residence transition stream, workers with the lengthy relevant experience in the direct entry stream, or organizations registered with the Department of Home Affairs in the labor agreement stream.

494 – Skilled Employer Sponsored Regional

This is a provisional visa for regional employers to source skilled workers of foreign nationalities on a provisional basis. The visa holders, including secondary applicants, must live, work and study in a ‘regional area’ of Australia which excludes Melbourne, Sydney, Brisbane and Gold Coast. This subclass permits transition to the Subclass 191 permanent residency visa.

400 – Temporary Work

This is a temporary visa allowing foreign workers with specialized skills and/ or ability to advance Australia’s interest to undertake one-off employment for up to 6 months. A majority of applications are under the “highly specialized work” stream, where it must be proven that the applicant possess highly specialized skills, attributes, expertise or proprietary knowledge.

407 – Training

This is a short term visa allowing foreign nationals to undertake a structured work-based training program. The purpose of undertaking said training may be to satisfy requirements for trade or professional licensing, or to enhance the applicant’s skills. It should not be considered merely to prolong one’s lawful stay in Australia due to the strict intention requirement.

408 – Temporary Activity

This is a temporary visa allowing skilled workers to undertake specific types of work in Australia on a short-term basis. This visa consists of 10 streams, each stream facilitating a specific type of work, such as sporting, research or religious activities. A special category was added to this visa to facilitate the individuals stranded in Australia during Covid-19 pandemic,

Employer Sponsorship

An employer in Australia must first be approved by the Department of Home Affairs as a sponsor of the appropriate sort in order to nominate a skilled worker for a relevant visa.

Standard Business Sponsor
Temporary Activities Sponsor

Precise prerequisites depend on the category, but both sponsors require the employer to show lawful business operation in Australia. Start-ups may qualify subject to additional criteria. Those looking to sponsor employees under the regional sponsored migration scheme must demonstrate that the place of employment is located in regionally.

Costs to Employers

Employer visas exist to remedy deficiencies within the Australian labor market whilst preserving the wage levels. Visa holders must be engaged on terms analogous to those that would be offered to an Australian citizen with the equivalent skills.

Employers must cover the costs of sponsorship and nomination approval. Attempting to pass these charges onto the employee will likely result in refusal of the visa and prevent the employer from sponsoring foreign workers in the future. Paying to arrange sponsorship and nomination is direct contravention of Australian migration laws.

Eligible Occupations

Only persons with in-demand skills are eligible under this employment visa scheme. These lists of occupations differ across on visa subclasses and are subject to constant changes. It is important to understand which occupations are eligible and consult with a competent migration agent in Melbourne before proceeding with an expensive employer visa application.

Frequently Asked Questions

Can you help me find an Australian employer?

Registered migration agents is not allowed to provide recruitment services as there is often a conflict of interests. We do not engage this recruitment practice. For your information, applicants who are introduced to employers through a registered migration agent may likely be at risk of exploitation, underpayment and even visa refusal. It may be difficult to find a job and an employer who is willing to sponsor you for employment visas in Melbourne, but you would probably have better chances if you consider regional areas.

I own a small business. Can I sponsor my relative?

It is possible for an Australian employer to sponsor a relative, but this will likely cause the Department to scrutinize the true intention of the arrangement. If your relative lacks the requisite skills or if you do not have a genuine business need to employ your relative, it will not be possible to sponsor them. Furthermore, you would also need to demonstrate that your relative is the best candidate that can be sourced for the job. It is vital to make inquiries with migration agents in order to assess feasibility and alternative visa options if necessary.

If I purchase a small business in Australia, can I sponsor myself?

Whilst not forbidden, self-sponsorship is subject to extreme scrutiny. If your business was primarily created in order to achieve a favorable migration outcome, your application would probably fail. Should you decide to proceed this avenue, you need to consult with migration agents and lawyers every step along the way.

My employer wants me to pay them to nominate me. Is this legal?

It is illegal for an employer to accept a benefit from a visa applicant in exchange for sponsorship. This applies to all visa subclass. Prospective applicants should never accept such arrangements due to adverse risks it may pose to future visa application, especially when applying for a different work visa of Australia. Employers are not permitted to pass on any of the costs of employer nomination or the levy to the applicants.