Australian employer sponsorship
Employer Sponsored Visas
Employer sponsored visas provide an Australian immigration pathway designed to address national workforce shortages by attracting skilled workers in occupations that are in high demand.
Skills in Demand visa program
Often referred to as the 482 visa, this program permits Australian businesses to sponsor skilled workers. It is designed to help Australia meet labour market needs while supporting economic growth and workforce development.
What kind of business can be a sponsor?
The employer sponsored visa program is accessible to almost any Australian business. There are basic requirements relating to the business's financial capacity and lawful operation in Australia, but it is rare for a business not to satisfy the criteria to become a Standard Business Sponsor.
Who can be sponsored?
Sponsorship under the 482 visa is subject to a skills list that is frequently updated or amended by legislation. The list names occupations, but businesses use a much broader range of day-to-day job titles.
The most important consideration is the duties the worker will undertake, rather than their exact job title. If those duties align with a skilled occupation, sponsorship may be possible. In the construction and trades sector, the vast majority of roles can be sponsored.
Two coordinated applications
What does the sponsorship process look like?
Once a business has Standard Business Sponsorship rights and wants to sponsor a particular candidate or employee, two applications are lodged with the Australian Department of Home Affairs.
Application for the business
482 nomination
The nomination is usually supported by evidence of acceptable employment conditions, genuine need for the skills, capacity to pay the salary, and a lack of suitably skilled Australians in the local market, among other legal criteria.
Application for the employee
482 visa application
The candidate or employee's visa application is usually supported by evidence of relevant employment experience and qualifications, as well as police checks, English language ability, health criteria and other mandatory requirements.
Important information
What employers and candidates should know
- A sponsoring business must continue paying the rate agreed in the employment contract and cannot reduce it after the visa is granted.
- Sponsored workers have the same employment conditions and protections as Australian workers, including coverage under the Fair Work Act.
- If a sponsored worker is not performing, their employment can be terminated in the same manner as an Australian worker. Sponsorship does not bind the business to employ them for the full visa period.
- The 482 visa can be granted for between one and four years. ALC Lawyers typically advises three years to help manage costs while keeping a pathway to permanent residency open.
- A sponsored employee may be eligible for permanent residency during the third year of their sponsored 482 visa, depending on their circumstances.
- The current age limit for applying for permanent residency is 45, which may be relevant for candidates moving from overseas, particularly those with families.
- People nearing 45 may have an avenue to apply for permanent residency earlier, depending on their occupation and experience. This requires case-by-case advice.
- For people over 45, an age exemption may apply where they earn above the Fair Work High Income Threshold—currently stated as $191k—for two consecutive years on a 482 visa.
- There is no age limit for sponsorship under the 482 visa. The age limit relates to an application for permanent residency.
ALC Lawyers expertise
ALC Lawyers specialises in employer sponsored visas and does not charge business owners, directors or managers for an initial consultation to determine eligibility and the most suitable sponsorship pathway.
Once a strategy is agreed, the team prepares, lodges and manages the application process from start to finish. Clients provide the required documentation, while ALC Lawyers works to make the process as straightforward as possible and ensure all legal criteria are satisfied.
Visa criteria, government charges, levies, processing requirements and thresholds can change. Costs shown are approximate, include stated professional and government fees, and may vary by circumstances. Personal advice should be obtained from an appropriately registered migration professional.