The lack of skilled labour in Australia is a significant issue for employers across many sectors, such as hospitality, health care and construction, as well as IT and regional services. If your company is having difficulty acquiring local employees, this may be the answer to your problems. Under a government-regulated process, you can sponsor foreign nationals to work in Australia on a temporary or pathway-to-permanent-residency visa and fill particular roles. Employers who wish to enter the sponsorship framework have a lot of confusion regarding their legal requirements as well as the process to do so because they do not have adequate information or guidance. To clarify, we have prepared this guide that covers how it works, the obligations as an employer and how to get started with the employer-sponsored visa Australia if you are hiring your first foreign worker or want to develop your sponsorship programme.
What is Employer Visa Sponsorship?
Employer-sponsored visa Australia is the process whereby an Australian employer is permitted to employ an overseas worker and provide them with a visa to work in Australia when that employer is unable to fill the position locally with a suitable candidate. In this situation, the employer sponsors the overseas worker, who is known as the nominee. The employer has certain obligations under the visa sponsorship process. These obligations continue for the duration of the employment of the overseas worker as well as after the visa has been issued.
- There are two main types of employer sponsorship pathways, which include:
- The temporary sponsorship pathway is the subclass 482 sponsorship TSS (Temporary Skill Shortage) visa.
- The permanent sponsorship pathway is the subclass 186 employer nomination scheme (ENS) visa.
All employer sponsorship options require government approval, and they must meet the government’s requirements under Australia’s immigration policy, which focuses on the existence of a genuine skills shortage.
Types of Work Visa For Employers
Australia has a variety of work visa options that cater to a range of employment requirements. We will help you determine the correct visa type for your future employee and the company itself. The most significant employer-sponsored visas include:
- Skills in Demand (SID) Subclass 482 Sponsorship
This visa superseded the existing Temporary Skill Shortage (TSS) Visa in late 2024. It allows an Australian business to sponsor a skilled worker in order to fill labour shortages within their industry. The Skills in Demand Visa is divided into three new streams: the Specialist Skills Stream, the Core Skills Stream and the Labour Agreement Stream. This is a flexible work visa and provides a mechanism for businesses to quickly access overseas workers to address immediate labour needs and to operate within a legislatively reformed environment.
- 186 Employer Nomination Scheme
The 186 employer nomination scheme visa is a significant pathway for those individuals who have been nominated by their employer to become a permanent resident of Australia and be able to live in Australia indefinitely with their family and/or other dependent family members (if applicable) sponsored by the employer, typically for skilled positions or occupations. It is a highly sought-after permanent work visa type, allowing both employers and employees peace of mind because it allows for an ongoing, steady flow of employment opportunities at a time when employers are struggling to find skilled workers who have the necessary qualifications.
- Skilled Employer Sponsored Regional (Provisional) 494 Visa Employer Sponsorship
The Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) (VISA) is designed for regional employers to sponsor skilled workers to fill skilled positions in their organisation that they cannot find local workers to fill. It is a five-year provisional visa (meaning it allows holders to live and work in Australia for a total of five years) that requires holders to live, work and study in a specified regional area. After meeting certain conditions and regulations, 494 visa employer sponsorship holders may apply for permanent residency through the Subclass 191 Visa. The employer sponsorship provision of the Subclass 494 Visa assists in addressing the current high demand for skilled workers in regions and contributes to the economic and population development of those regions.
Steps to Sponsor a Worker in Australia
To comprehend the employer sponsorship process Australia, it is essential to break it down into three stages.
- Sponsorship Approval Application
To initiate the process, your organisation must receive Standard Business Sponsor (SBS) status from the Department of Home Affairs (DHA). This entails submitting an application that encompasses the following requirements:
- The applicant’s ABN (Australian Business Number) and evidence of business registration;
- Proof of lawful operation in Australia;
- Demonstration of the ability to comply with sponsorship obligations by documenting that wages/salary are paid according to federal legislation and maintaining accurate employer sponsoring records.
If you apply successfully for SBS status, the sponsorship status will last for five years, during which time you can nominate several overseas employees.
- Declaring the Job Role to be Filled
Once you have received SBS status, you can take the next step by declaring the specific job you wish to fill. In addition to being a ‘job ad’, you are essentially submitting a formal application demonstrating that:
- The job is listed on the Skilled Occupation List (SOL);
- The job is a full-time paid opportunity, ongoing and must have an annual salary at or above the Temporary Skilled Migration Income Threshold (TSMIT) of $76,515; and
- The job was advertised properly in Australia according to the Labour Market Testing (LMT) regulations.
In general, LMT requires that you advertise the position on two national job boards for a period of at least 28 days and provide historical supporting evidence that no qualified local candidates could be found.
- The Worker Applies for the Visa
Once you have received approval for your nomination, the foreign applicant may submit his/her visa application. The applicant must provide:
- Evidence of his/her abilities and experience
- Results of an English language proficiency examination
- Results of both a police check and a medical examination
- A successful skills assessment
Typically, the nomination and visa applications are submitted at the same time to expedite processing.
Conclusion
Sponsorship is more than simply placing someone in a job through a sponsorship arrangement. Many sponsored individuals come with a wealth of international experience, differing views, and “niche” abilities that are hard to come by within the local workforce. Employer-sponsored visa Australia are likely to remain employed with your organisation for longer periods of time. Because many sponsored employees are connected to the ability to apply for permanent residency as long as they continue to be employed by you, they often display a greater level of commitment, loyalty, and motivation than an employee who is not sponsored. When you do sponsorship correctly, your organisation can lower employee turnover, maintain your existing talent pool, and develop and expand your organisation with an experienced, stably employed workforce.
