Employer Sponsorship & Migration Services Australia

Finding the right skilled workers can be challenging when an Australian business cannot fill an important position through the local labour market. The Visa provides professional guidance to Australian employers seeking to understand and use appropriate employer-sponsored migration pathways.

We assist businesses with the key stages of employer-sponsored migration, from identifying a suitable visa pathway and assessing occupation requirements through to sponsorship, nomination and visa application support.

Australian employers may have access to several employer-sponsored pathways, depending on the business, position, occupation, location and circumstances of the proposed overseas worker.

Employing Overseas Workers in Australia

Australian businesses may be able to employ overseas workers where they cannot find a suitable Australian citizen or permanent resident for a genuine position.

The Department of Home Affairs provides several visa options for employers, including temporary and permanent employer-sponsored pathways. The appropriate pathway depends on factors such as the nominated occupation, proposed employment, employer eligibility, location and the worker's circumstances.

Before sponsoring an overseas worker, employers should carefully assess:

• Whether the position can be filled locally

• The appropriate occupation

• Applicable occupation requirements

• Salary and employment conditions

• Labour Market Testing requirements

• Sponsorship requirements

• Nomination requirements

• Visa pathway

• Regional or DAMA options, where applicable

Employer-Sponsored Visa Pathways

The Visa can assist employers in understanding several major Australian employer-sponsored migration pathways.

Skills in Demand Visa – Subclass 482

The Skills in Demand (SID) visa (subclass 482) allows eligible Australian employers to sponsor skilled overseas workers for temporary employment where the applicable requirements are satisfied.

Depending on the circumstances, employers may consider the:

• Core Skills stream

• Specialist Skills stream

• Labour Agreement stream

The appropriate stream depends on the nominated occupation, salary, employer circumstances and applicable migration requirements.

Employer Nomination Scheme – Subclass 186

The Employer Nomination Scheme (subclass 186) provides a permanent employer-sponsored pathway for eligible skilled workers.

Depending on the applicant's circumstances, employers may nominate workers through:

• Temporary Residence Transition

• Direct Entry

• Labour Agreement

Subclass 186 can be particularly relevant for employers seeking to retain experienced skilled workers permanently.

Skilled Employer Sponsored Regional Visa – Subclass 494

The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) is designed for eligible employers operating in designated regional areas.

It can allow an employer to sponsor an eligible skilled worker for employment in regional Australia and may provide a pathway towards permanent residence through subclass 191 if the worker later satisfies the applicable requirements.

Labour Agreements

A Labour Agreement can provide an employer-sponsored migration option where standard skilled visa programs may not adequately address a demonstrated workforce need.

Home Affairs states that labour agreements can allow approved businesses to sponsor overseas workers where there is a demonstrated need that cannot be met in the Australian labour market and where standard temporary or permanent visa programs are not available. Labour agreements can support visa pathways including subclasses 482, 186 and 494.

Depending on the circumstances, employers may consider:

• Company-specific Labour Agreements

• Industry Labour Agreements

• Designated Area Migration Agreements

• Project Agreements

• Other applicable labour agreement arrangements

Designated Area Migration Agreements – DAMA

A Designated Area Migration Agreement (DAMA) is a tailored regional labour agreement framework.

DAMA arrangements can provide access to additional occupations and agreed concessions for eligible employers operating within a designated area.

Each DAMA has its own occupation list, conditions and available concessions. Employers must generally obtain endorsement from the relevant Designated Area Representative (DAR) before requesting an individual DAMA labour agreement from the Department of Home Affairs.

DAMA pathways can be particularly relevant to businesses experiencing ongoing workforce shortages in participating regional areas.

Standard Business Sponsorship

A business may need to become an approved sponsor before it can nominate eligible overseas workers under certain employer-sponsored visa programs.

The sponsorship process can involve demonstrating that the business is lawfully operating and able to meet its sponsorship obligations.

Once approved, an employer may be able to nominate eligible workers under the relevant visa program, subject to the requirements of that program.

Employer Nomination

Nomination is the process through which an employer identifies a position to be filled by an overseas skilled worker.

The nomination process can involve assessing:

• The nominated occupation

• Position duties

• Salary

• Employment conditions

• Labour Market Testing

• Business circumstances

• The need for the position

• The proposed worker's suitability

• Applicable sponsorship or labour agreement requirements

Home Affairs notes that employers using labour agreements can only nominate workers in occupations specified in the relevant agreement, while other skilled visa pathways may rely on applicable skilled occupation lists.

Labour Market Testing

For some employer-sponsored nominations, the employer must demonstrate that the Australian labour market has been tested before nominating an overseas worker, unless an exemption applies.

Home Affairs currently states that Labour Market Testing generally involves advertising the position in Australia for at least four weeks in at least two advertisements, subject to applicable exemptions and requirements.

Employers should retain appropriate recruitment evidence, including advertising information and recruitment outcomes, where required.

Salary and Employment Conditions

Employers sponsoring overseas workers must comply with applicable Australian migration and workplace requirements.

Depending on the visa and nomination, salary requirements can involve the applicable Annual Market Salary Rate (AMSR) and relevant income thresholds.

Employers must also comply with Australian workplace laws. Overseas workers have workplace rights and protections, and employers must provide appropriate pay, superannuation, leave and other employment conditions.

Employment documentation should accurately reflect:

• Position

• Duties

• Salary

• Working hours

• Employment location

• Employment conditions

• Applicable award or enterprise agreement, where relevant

Employer Sponsorship Compliance

Becoming a sponsor involves ongoing responsibilities.

Sponsors may need to notify the Department of Home Affairs about relevant changes involving their business or sponsored workers and must comply with applicable sponsorship obligations.

Failure to comply can result in significant consequences, including cancellation of sponsorship approval, restrictions on future sponsorship and financial penalties.

Employers should therefore treat sponsorship as an ongoing compliance responsibility rather than simply an application process.

Protecting Overseas Workers

Australian workplace and migration laws provide protections to overseas workers.

Employers must not:

• Exploit migrant workers

• Underpay sponsored workers

• Threaten to cancel a worker's visa

• Ask workers to pay money in exchange for sponsorship

• Take a worker's passport

• Force workers to breach visa conditions

• Require workers to repay prohibited sponsorship or recruitment costs

Employers should also verify that prospective employees have appropriate work rights and comply with their visa conditions.

How We Help Australian Employers

At The Visa, we provide professional guidance throughout the employer-sponsored migration process.

Our services can include:

1. Employer Sponsorship Assessment

We assess your business circumstances and discuss whether an employer-sponsored pathway may be appropriate.

2. Occupation Assessment

We review the proposed position and help identify the relevant occupation and applicable requirements.

3. Visa Pathway Assessment

We can help employers understand whether subclass 482, 186, 494, Labour Agreement or DAMA options may be relevant.

4. Nomination Support

We assist with preparing and organising information required for the employer nomination process.

5. Labour Agreement Guidance

Where a standard employer-sponsored pathway may not be suitable, we can help assess whether a Labour Agreement or other applicable arrangement may be worth considering.

6. DAMA Guidance

For eligible regional businesses, we can help explain the relevant DAMA framework, occupation requirements, endorsement process and available pathway.

7. Compliance Guidance

We help employers understand important sponsorship responsibilities and the need to comply with Australian migration and workplace laws.

Why Choose The Visa?

Employer-sponsored migration can involve complex requirements involving the employer, position, occupation, salary, recruitment, nomination and visa applicant.

At The Visa, we focus on providing practical guidance based on the individual circumstances of your business.

Our approach can help employers:

• Understand their sponsorship options

• Identify appropriate visa pathways

• Review occupation requirements

• Prepare supporting documentation

• Understand nomination requirements

• Navigate regional and DAMA options

• Plan potential permanent residence pathways

• Understand sponsorship responsibilities

Professional Employer Migration Assistance

Whether you are a small business, established company or regional employer experiencing difficulty finding suitable skilled workers, the right sponsorship strategy can help you understand your available options.

The Visa provides professional Australian migration guidance for employers seeking to sponsor overseas workers through applicable employer-sponsored visa and labour agreement pathways.

Discuss your employer sponsorship requirements with The Visa today and explore the migration options that may be available for your business.