Employer-sponsored visa pathway
Overview
The employer-sponsored pathway allows Australian businesses to sponsor overseas workers for positions that cannot be filled by the local workforce. Employers must be approved sponsors, and must lodge a nomination linking the position to a specific worker before the visa can be granted.
The main employer-sponsored visas are:
- Subclass 482 — Skills in Demand (SID) — temporary employer-sponsored visa introduced November 2024; replaces the TSS visa; three streams (Specialist Skills, Core Skills, Essential Skills)
- Subclass 186 — Employer Nomination Scheme (ENS) — permanent employer-sponsored visa; Direct Entry, Temporary Residence Transition, and Labour Agreement streams
- Subclass 494 — Skilled Employer Sponsored Regional (Provisional) — temporary employer-sponsored visa for positions in regional Australia; leads to Subclass 191 permanent visa
The pathway involves three separate stages: sponsor approval, nomination, and visa application. Each stage has its own criteria and must be satisfied before the next can succeed.
Eligibility
Sponsor eligibility
To sponsor workers under the Standard Business Sponsorship framework, an employer must be:
- A legally operating business in Australia
- Approved as a Standard Business Sponsor (SBS) by the Department of Home Affairs
- Actively operating and meeting the training and other obligations set out in the Migration Regulations
Approval is granted for up to five years. Sponsors must renew their approval and continue to meet obligations throughout the sponsorship period.
Nomination eligibility
For a Subclass 482 nomination, the nominated position must:
- Have an ANZSCO occupation that appears on the relevant occupation list for the applicable stream
- Be a genuine full-time position
- Offer terms and conditions no less favourable than those of an equivalent Australian worker
- Meet the applicable salary threshold (Annual Earnings Threshold for Specialist Skills stream; Core Skills Income Threshold for Core Skills stream)
- Comply with Labour Market Testing requirements (where applicable)
Visa applicant eligibility
The nominated worker must have skills, qualifications, and work experience matching the nominated occupation. Skills assessment requirements apply to some streams and occupations.
Selection criteria
Skills in Demand visa — three streams
The SID visa (Subclass 482, from November 2024) replaced the Temporary Skill Shortage (TSS) visa Short-term and Medium and Long-term streams with a new three-stream structure:
- Specialist Skills stream — occupations where the worker earns at or above the Specialist Skills Annual Earnings Threshold (AET; $135,000 from 2024); broader occupation coverage; shorter pathway to permanent residence (two years before ENS TRT eligibility)
- Core Skills stream — occupations on the Core Skills Occupation List (CSOL); salary at or above the Core Skills Income Threshold (CSIT); standard pathway to PR (three years on-the-job before ENS TRT eligibility)
- Essential Skills stream — targeted at labour-shortage sectors (agriculture, care economy, hospitality); available only for workers from designated countries under bilateral arrangements; specific pathway conditions
ENS — three streams
- Temporary Residence Transition (TRT) — for holders of Subclass 482 or 457 who have worked for the sponsoring employer for at least three years in the nominated occupation
- Direct Entry — for workers who do not qualify for TRT; requires skills assessment and three years of relevant work experience
- Labour Agreement — for workers covered by a DAMA or other labour agreement
Application process
- Sponsor approval — the employer lodges a Standard Business Sponsorship application. Processing times vary. Approval is granted for five years.
- Nomination — once approved as a sponsor, the employer lodges a nomination for the specific position and worker. Labour market testing evidence must be included where required.
- Visa application — the nominated worker lodges the visa application. Nomination and visa applications may be lodged concurrently (but the nomination must be approved or approved concurrently for the visa to be granted).
- Health and character checks — the visa applicant and secondary applicants undergo health examinations and provide police clearances.
- Decision — the Department decides the nomination and visa application. A refused nomination means the visa application cannot succeed.
Pathway to permanent residence
Subclass 482 holders may transition to permanent residence through the Subclass 186 (ENS) Temporary Residence Transition stream after working for the sponsoring employer for the required period (two years for Specialist Skills stream; three years for Core Skills stream). Subclass 494 holders may apply for Subclass 191 after three years in a regional area.
Related programs
Notes
Sponsorship obligations continue throughout the sponsorship period. Key obligations include: paying equivalent terms and conditions; not recovering certain costs from the sponsored worker; record-keeping; cooperating with inspections; and notifying the Department of certain events. Civil penalties apply for breaches.
The Designated Area Migration Agreement (DAMA) framework allows employers in specific regional areas to sponsor workers for occupations and at salaries not available under standard pathways.
Labour agreements are available for industries with genuine workforce needs that cannot be met through standard sponsored visa pathways.