Your Ultimate Guide to
Employer Sponsored Visas

Whether you are an employer looking to hire international talent or a skilled worker aiming to relocate, understanding how an employer sponsored visa works is crucial.

What is an Employer Sponsored Visa?

In the Australian migration system, an employer sponsored visa generally refers to several specific visa subclasses that require an employer to sponsor your stay. The main subclasses include:

• Subclass 482 (Skills in Demand) Visa: A temporary visa replacing the former Temporary Skill Shortage visa.
• Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) Visa: A provisional visa for workers willing to live and work in designated regional areas.
• Subclass 186 (Employer Nomination Scheme) Visa: A permanent residency visa.
• Subclass 187 (Regional Sponsored Migration Scheme) Visa: A permanent regional visa (now mostly closed to new applicants except for certain transitional cases).

The 3-Step Process for a Temporary Employer Sponsored Visa

Securing a temporary employer sponsored visa, such as the Subclass 482 or Subclass 494, involves a strict three-stage process:

1. Sponsorship: First, the employer must apply to become an approved Standard Business Sponsor (SBS). To be approved, the employer must prove they are lawfully operating a business and declare that they have a commitment to employing local labour without engaging in discriminatory recruitment practices.
2. Nomination: The approved sponsor then nominates a specific occupation for the prospective overseas worker. The employer must prove that the role is a genuine, full-time position and that the business has the financial capacity to pay the nominee at least the Annual Market Salary Rate (AMSR).
3. Visa Application: Finally, the nominated worker applies for the visa. The applicant must prove they have the skills, qualifications, and employment background necessary to perform the nominated occupation. They must also meet strict health, character, and English language proficiency requirements.

Spotlight: The New Subclass 482 (Skills in Demand) Visa

The Subclass 482 visa has been revamped into the Skills in Demand (SID) visa, offering a stay of up to four years. It features three distinct streams tailored to different salary and skill levels:

• Advanced Skills Stream: For highly skilled workers nominated in eligible occupations who will earn at least the Advanced Skills Income Threshold.
• Core Skills Stream: For workers nominated in an occupation on the Core Skills Occupation List, earning at least the Core Skills Income Threshold.
• Labour Agreement Stream: For employers who have negotiated a specific work agreement with the Australian Government to address unique labour market needs.

Employer Obligations and Worker Protections

Australia enforces strong worker protection measures to ensure that overseas workers on an employer sponsored visa are afforded the same workplace rights as Australian citizens and permanent residents.

A critical element of this is the Annual Market Salary Rate (AMSR) framework. Sponsors are legally required to prove that the overseas worker will not be paid less than what an equivalent Australian worker earns (or would earn) performing the same job in the same location. This ensures that the employer sponsored visa program is not used to undercut the local labour market.

Pathways to Permanent Residency

One of the most attractive features of an employer sponsored visa is the potential pathway to Australian permanent residency.

• Temporary Residence Transition (TRT) Stream: Eligible Subclass 482 visa holders who have worked for their sponsoring employer for a specified period can be nominated by that employer for permanent residency under the Subclass 186 visa.
• Regional Pathways: Holders of the Subclass 494 regional provisional visa can transition to permanent residency via the Subclass 191 (Permanent Residence (Skilled Regional)) visa after living, working, and studying in a designated regional area for three years and complying with their visa conditions.