Employer sponsored visas let an Australian business bring in a worker from overseas, or keep one it already has. They sit on two sides at once. The business has to qualify as a sponsor and prove the position is genuine, and the worker has to qualify for the visa in their own right.
Both halves have to hold up. An application usually fails because one side was treated as paperwork while the other got the attention.
This page covers the visas in this group and how they relate to each other.
The main temporary work visa. A sponsoring business nominates a position, and the worker is assessed against the occupation, the skill requirements and English. It is the visa most employers reach for first, and for many people it is also the first step toward permanent residence.
The permanent employer sponsored visa. It has more than one stream, including a pathway for people who have already been working for their sponsor on a temporary visa.
For positions in regional Australia. It carries regional obligations and leads to a separate permanent visa once those obligations are met.
For structured workplace training, rather than ordinary employment. The training plan is the centre of the application and it has to be genuine and specific.
For short, highly specialised work that cannot reasonably be done by someone already in Australia. Stays are brief.
Covers a set of specific international arrangements, including government to government agreements and certain domestic worker situations.
For particular activities such as entertainment, sport, religious work and research, each with its own requirements.
Where the standard rules do not fit the business, a labour agreement negotiated with the department can allow variations. They take time to put in place and they suit some businesses far better than others.
The occupation. Occupation lists change, and a role that qualified last year may not qualify now. This is the first thing to check, not the last.
Whether the need is temporary or ongoing. A short project and a permanent role point to different visas.
Where the position is. Regional positions open up options that are not available elsewhere, and they come with obligations attached.
How long the worker has already been with the business. Existing employment can open a permanent pathway that is not available to a new hire.
Sponsorship does not end when the visa is granted. Sponsors take on obligations that continue for the life of the sponsorship, including record keeping, paying the market salary rate, and telling the department when things change.
Monitoring does happen, and the consequences of getting it wrong fall on the business as well as the worker. Employers are often surprised by this, usually at the point where it has already become a problem.
The nomination is treated as a formality. It is a separate decision with its own requirements, and it can be refused on its own.
The position is not clearly genuine. Duties that do not match the nominated occupation, or a role that looks created for the applicant, will be questioned.
Salary and conditions do not meet the requirements.
The worker’s skills assessment or English evidence does not hold up.
Changes during processing. A restructure, a change of duties or a change of employer can affect a pending application.
We act for both employers and workers, though not on the same matter where interests could conflict. That covers sponsorship applications, nominations, visa applications, and advice on obligations once a sponsorship is in place.
If a nomination or a visa has been refused, we can advise on what review options exist.
We do not promise outcomes. We do make sure the application is built to be assessed on its merits.
Call 1300 368 933 to talk through your situation with an immigration lawyer.
