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Australian Immigration Law

Employer Sponsored Visas & Skilled Migration

Australia's employer sponsored visa program connects skilled overseas workers with Australian businesses that need them. We advise both employers and employees through the TSS (subclass 482) and Employer Nomination Scheme (subclass 186) pathways.

Sponsoring Skilled Workers in Australia

When Australian businesses cannot source skilled workers locally, employer sponsored migration provides a structured pathway to recruit from overseas. At SDA Immigration Lawyers, we advise both employers navigating sponsorship obligations and skilled workers seeking a pathway to permanent residence in Australia.

Employer sponsored migration involves multiple parties — the sponsoring employer, the nominee (the worker), and in some cases a labour agreement. Each stage has its own requirements and timeframes. We manage the entire process, ensuring compliance at every step.

Temporary Skill Shortage Visa — Subclass 482

The TSS visa (subclass 482) allows approved sponsors to nominate a skilled overseas worker for up to four years. There are three streams:

  • Short-term stream — for occupations on the Short-term Skilled Occupation List (STSOL). Visa duration up to 2 years (or 4 years for free trade agreement countries). Limited pathways to permanent residence.
  • Medium-term stream — for occupations on the Medium and Long-term Strategic Skills List (MLTSSL). Visa duration up to 4 years with a pathway to the Employer Nomination Scheme (subclass 186) after three years.
  • Labour Agreement stream — for workers covered by a labour agreement between an employer and the Australian Government, for occupations not otherwise available through standard streams.

All 482 applications require the worker to be paid at or above the Temporary Skilled Migration Income Threshold (TSMIT), which is currently $73,150 per annum.

Employer Nomination Scheme — Subclass 186

The ENS visa (subclass 186) is a permanent visa for skilled workers nominated by an approved Australian employer. There are two main pathways:

  • Direct Entry stream — for workers who have never held a subclass 482 visa or who are coming from overseas. Requires at least 3 years of relevant experience in the nominated occupation.
  • Temporary Residence Transition (TRT) stream — for workers who have held a subclass 482 (or former 457) visa for at least 3 years and have worked for their sponsor for at least 3 years in their nominated occupation.

The ENS visa grants permanent residence in Australia, with full work and study rights and a pathway to Australian citizenship after meeting residence requirements.

Employer Obligations

Approved sponsors take on significant legal obligations when they employ sponsored workers, including paying market salary rates, meeting workplace laws, and not recovering sponsorship costs from the worker. Non-compliance can result in sanctions, debarment, and civil penalties. We advise employers on their obligations and assist with record-keeping and compliance monitoring.

How We Handle Your Application

01

Sponsor Approval

We assist employers with the standard business sponsorship application, ensuring the business meets all requirements before any nomination is lodged.

02

Nomination

We prepare the nomination application, establishing that the position is genuine, the salary meets TSMIT, and the nominated occupation is on the relevant list.

03

Visa Application

We prepare the worker's visa application, including skills assessments, English language evidence, and health and character requirements.

04

Ongoing Compliance

We advise sponsors and visa holders on their ongoing obligations throughout the visa period, including variations and changes in employment.

Frequently Asked Questions

The Temporary Skilled Migration Income Threshold (TSMIT) is the minimum annual salary that must be paid to all TSS visa holders. It is currently set at $73,150 per annum (base salary excluding superannuation). Employers must pay the worker at least the TSMIT or the Annual Market Salary Rate (AMSR) for the position, whichever is higher. The AMSR is what an equivalent Australian worker in the same role would be paid.

Yes, but you must obtain a new nomination from a new approved sponsor before you can commence working for a different employer. You cannot simply move between employers without a new nomination being lodged and approved. If your employment ends, you have a 60-day grace period to find a new sponsor, transfer to a different visa, or depart Australia. We advise on the transfer process and can act quickly to secure your new nomination.

Workers in the medium-term stream of the TSS visa (subclass 482) may apply for permanent residence through the Employer Nomination Scheme (subclass 186) via the Temporary Residence Transition (TRT) stream after working for their sponsor for at least 3 years in their nominated occupation. The occupation must remain on the MLTSSL at the time of application. Workers in the short-term stream have a more limited pathway to permanent residence.

Processing times vary. Standard business sponsorship (SBS) approval typically takes 4–8 weeks. Nomination applications are processed concurrently with visa applications in most cases, and combined processing currently takes approximately 2–5 months for 482 applications. ENS (subclass 186) applications typically take 6–15 months. Priority processing is available for some applications.

Eligible occupations must appear on either the Short-term Skilled Occupation List (STSOL) or the Medium and Long-term Strategic Skills List (MLTSSL). These lists are updated periodically by the Department of Home Affairs. Some occupations are only available via labour agreements if they do not appear on these lists. We check your occupation's eligibility at the initial consultation and advise on the most appropriate pathway.

Need to Sponsor a Skilled Worker?

Speak with our employer sponsored migration specialists for practical advice on your sponsorship pathway.

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