Nomination (employer sponsored visas)
Statutory definition
Section 140GB of the Migration Act 1958 (Cth) provides the power to approve or refuse nominations. The Migration Regulations 1994 (Cth) set out the criteria for nomination approval under each employer-sponsored visa subclass, including the Temporary Skill Shortage visa (Subclass 482) and the Employer Nomination Scheme visa (Subclass 186).
Explanation
In the employer-sponsored visa framework, a nomination links a specific position (with its ANZSCO occupation, salary, and employment terms) to a specific applicant. Nomination approval is a mandatory step before the visa application can be decided.
For a Subclass 482 nomination, the criteria include:
- The nominated occupation must be on the applicable occupation list
- The position must be genuine and the nominated person must be appropriately qualified
- The terms and conditions of employment must be equivalent to those of an Australian worker doing the same work
- Labour market testing (LMT) must be completed where required
- The training obligation (skilling Australians fund levy) must be met
How this term is used
A nomination is specific to one applicant — it cannot be transferred to a different person. If the nominated person withdraws, the sponsor must lodge a new nomination for a different applicant. Nominations have a validity period; the visa application must be lodged within the approval period.