Employer Requirements for 482, 494 and 186 Visa Sponsorship
The Australian employer-sponsored visas (subclasses 482, 494, and 186) require employers to be legally operating businesses with genuine hiring needs and sufficient financial capacity to lawfully sponsor and support overseas employees to work in Australia.
Employer Requirements Overview
The Australian employer-sponsored visa programs (subclasses 482, 494, and 186) provide a pathway for local employers to sponsor qualified overseas professionals to work in Australia.
When employers are unable to find suitably skilled candidates within the Australian labour market, they may use these visa subclasses to fill workforce shortages.
To qualify, employers must meet legal and financial requirements to demonstrate their ability to employ and support sponsored workers in compliance with government standards.
Subclass 482 Temporary Skill Shortage (TSS) Visa: Allows employers to sponsor skilled overseas or non-permanent residents to work in occupations listed on the CSOL (Consolidated Skilled Occupation List).
Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa: A five-year visa designed for employers in designated regional areas to sponsor skilled workers, offering a pathway to Australian permanent residency.
Subclass 186 Employer Nomination Scheme (ENS) Visa: Enables employers to directly sponsor overseas skilled workers for permanent residency.
By meeting the above eligibility criteria and undergoing the required assessments, employers can not only address skill shortages but also provide overseas professionals with the opportunity to work and live in Australia.
Note: Employer-sponsored visas generally require the sponsoring business to apply for sponsorship approval and submit a nomination application.
Process
Sponsorship
Nomination
Visa Application
Note: The employer is responsible for Step 1 (Sponsorship) and Step 2 (Nomination), while the applicant is responsible for Step 3 (Visa Application).
Sponsorship
担保资格分为两个类型： Standard Business Sponsor 和 Accredited Sponsor。
以下为两类担保资格的具体要求：
Standard Business Sponsor Requirements
To become a Standard Business Sponsor (SBS), a company must be lawfully established and actively operating, either within or outside Australia.
Holding this status allows an employer to sponsor skilled overseas workers under relevant employer-sponsored visa programs.
Lawful Operation
The business must be legally registered and actively engaged in genuine business activities.
Australian-based businesses should provide a valid Australian Business Number (ABN), while overseas entities operating in Australia must provide an Australian Registered Body Number (ARBN).
Good Standing – No Adverse Information
The business and any associated individuals must not be subject to any adverse information that could affect its suitability to act as a sponsor.
Adverse information may include insolvency, criminal or civil findings, or regulatory action against the company or its directors.
Commitment to the Australian Workforce
Employers must demonstrate a genuine commitment to hiring and training Australian workers.
This includes maintaining a positive local employment record and declaring that no discriminatory recruitment practices are used when hiring foreign workers.
Accredited sponsor Requirements
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Meet all Standard Business Sponsor (SBS) requirements: You must first qualify as an SBS, including lawful and active operation, no adverse information, and full compliance with sponsorship obligations.
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Then satisfy at least one of the following categories:
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Commonwealth, State or Territory government agency:
Is a department, agency or statutory authority of the Australian Government, or of a State/Territory Government.
At least 75% of the workforce in Australia are Australian citizens or permanent residents.
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Australian Trusted Trader (ATT):
Holds current Australian Trusted Trader status.
At least 75% of staff in Australia are Australian citizens or permanent residents.
Provides written employment contracts to all SID/TSS/457 visa holders (where applicable) that comply with the National Employment Standards (NES).
Pays all Australian employees in line with an enterprise agreement or genuine market-rate internal salary structure.
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Low-volume user with a high Australian workforce (≥ 85%):
At least 85% of employees in Australia are citizens or permanent residents.
At least one SID/TSS/457 nomination approved in the past two years, with an overall approval rate >= 97%.
Annual turnover ≥ AUD 4 million and SBS approval held for at least 12 months.
No adverse monitoring history and full compliance with sponsorship obligations.
Note: Startups or industry-standard partnerships (e.g. legal/medical) may be considered on a case-by-case basis where other criteria are met.
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High-volume user with a moderate Australian workforce (≥ 75%):
At least 75% of employees in Australia are citizens or permanent residents.
At least 10 nominations approved in the past two years, with an approval rate >= 97%.
Annual turnover ≥ AUD 4 million and SBS approval held for at least two years.
No adverse monitoring results and full compliance with sponsorship obligations.
Note: As above, recognised partnerships or qualifying startups can seek case-by-case consideration.
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Significant investment in Australia:
Investment of at least AUD 50 million that directly generates Australian jobs.
SBS approval held for at least 12 months, with nomination approval rate >= 97% in the last year.
Clean compliance record; contracts and pay meet Australian workplace laws and market rates.
Assessment may consider investment value and durability, job creation, export and tax contribution, adoption of innovative technology, and collaboration with Australian research institutions.
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STEM startup with venture capital funding:
Operates in science, technology, engineering or mathematics (STEM).
Received funding from an Early Stage Venture Capital Limited Partnership (ESVCLP) within the last two years.
Holds current SBS with no adverse compliance findings.
Uses written employment contracts that meet NES requirements.
Pays all staff under an enterprise agreement or genuine market-rate salary structure.
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*What Constitutes Adverse Information for a Business
What Is Considered Adverse Information
Adverse information refers to any record or finding that raises concerns about the business’s integrity, financial standing, or compliance with Australian laws. Such information may affect the Department’s decision to approve or maintain the employer’s sponsorship status.
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Possible Impact of Adverse Information:
Refusal of a sponsorship or nomination application;
Suspension or cancellation of existing sponsorship approval;
Administrative penalties or compliance monitoring actions.
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Adverse information may relate to:
The business itself;
Any director, partner, or key personnel of the business; or
Any person or entity associated with the business’s operations.
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Examples of adverse circumstances include:
Bankruptcy or insolvency under the Bankruptcy Act 1966 or Corporations Act 2001;
Conviction or administrative action by a government authority within the past three years;
Formal warnings, fines, or ongoing investigations by federal, state, or territory regulators;
Breaches of legislation related to discrimination, workplace relations, migration, taxation, work health and safety, people smuggling, human trafficking, or terrorism offences.
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Neutral or minor matters:
Not all records are considered adverse. For example, a minor traffic infringement or an administrative oversight unrelated to employment or immigration compliance is unlikely to affect the assessment.
Sponsorship Validity
Once approved, the sponsorship status remains valid for five years.
During this period, the employer can nominate eligible overseas workers without needing to reapply for sponsorship each time.
It is important to note that for the
Employer Nomination Scheme (subclass 186) visa,
the sponsorship component is included within the visa application process
and is not a separate sponsorship approval.
Sponsorship Eligibility Requirements
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The business must be lawfully established and actively operating:
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If the employer is based in Australia, a valid Australian Business Number (ABN) registration certificate must be provided.
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If the employer is an overseas business registered to operate in Australia, an Australian Registered Body Number (ARBN) certificate must be supplied.
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If the business is not currently operating in Australia, evidence of legal registration in its home country is required.
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Where a business name or trading name is used, a copy of the registration record from the Australian Securities and Investments Commission (ASIC) must be provided.
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Business turnover and scale: The entity must be a genuinely operating business that meets relevant tax, turnover, and compliance obligations. However, there are no fixed requirements regarding business size or annual turnover.
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Employment of local staff: The business must employ Australian workers. While there is no mandatory minimum number of employees, the workforce should reflect the business’s normal operational size.
Sponsor Obligations
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Notify the Department of Home Affairs (DoHA) of any changes: Employers must inform the Department within 28 days if the sponsored worker’s employment ends, or if there are major business changes such as name, ownership, shareholders, address, contact details, or insolvency.
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Genuine and appropriate nominated position: The sponsored employee must only work in the nominated position, which must be a genuine and ongoing role consistent with the business’s operations.
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Work conditions and remuneration: The sponsored worker must receive employment terms and pay no less favourable than those provided to an equivalent Australian employee (in line with market rate and National Employment Standards (NES)).
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Fair recruitment practices: Employers must not discriminate based on visa status, nationality, or background during the recruitment process.
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Cooperation and transparency: Employers must cooperate with government inspections, maintain accurate employment and business records, and provide information when requested.
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Cost responsibility: All reasonable costs associated with sponsorship and nomination (such as recruitment advertising, migration agent fees, and travel expenses) must be borne by the employer.
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Payment of the Skilling Australians Fund (SAF) levy: Employers must pay the mandatory SAF levy as required by law to support the upskilling of Australian workers.
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Travel cost obligations: If the sponsored employee and their family members need to leave Australia, the employer must cover reasonable travel costs for their return.
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No cost recovery from employees: Employers are prohibited from recovering or passing on any sponsorship, nomination, or recruitment-related costs to the sponsored worker or their family.
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Notification of role or employment changes: Any change to the sponsored worker’s role, duties, or termination of employment must be reported to the Department within the required timeframe.
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Record keeping: Employers must retain full records demonstrating compliance with sponsorship obligations, including evidence of paid travel costs, job duties, rosters, and payroll records, for audit purposes.
Nomination
Nominating an Applicant for an Eligible Occupation
The employer must nominate the applicant for an occupation that is eligible under the specific visa subclass being applied for.
Some occupations may have specific restrictions (caveats) that make them ineligible for nomination under certain visa programs. For example, when applying under the 482 / SID Core Skills stream, a position may still be refused even if the nominated occupation appears on the Consolidated Skilled Occupation List (CSOL).
Demonstrating That No Suitable Australian Worker Is Available
The employer must demonstrate that no suitably skilled or experienced Australian citizen or permanent resident is available to fill the nominated position.
This usually requires conducting a Labour Market Test (LMT) to show genuine recruitment efforts have been made and that no qualified local worker could reasonably perform the role.
Providing a Genuine Position
The nominated position must be genuine and ongoing.
When assessing whether a role is genuine, the Department of Home Affairs considers several factors, including:
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Whether the duties and skill level of the position align with the nominated occupation as described under the ANZSCO classification.
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Whether the position is consistent with the nature, size, and scope of the employer’s business operations.
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Whether the role was created primarily to assist the visa applicant to remain in Australia or obtain permanent residency.
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The position must be full-time. In most cases, this means the employee is expected to work:
38 hours per week, or
Between 32 and 45 hours per week as allowed under industry standards or enterprise agreements, in accordance with the National Employment Standards (NES).
Non-Discriminatory Recruitment Practices
Employers must not engage in discriminatory recruitment practices during the hiring process.
All recruitment activities should provide equal opportunity and must not exclude or favour applicants based on factors such as visa status, nationality, gender, age, or other personal attributes unrelated to the role.
Written Employment Contract
Australian Sponsors:
Where the nominated occupation is not exempt, the sponsored employee must be engaged under a written employment contract.
The employee can only work for the sponsoring employer or its related entity.
Overseas Business Sponsors:
If the nominated occupation is not exempt, the worker must be employed under a written employment contract directly with the sponsoring business.
They must not work for any related entity of the sponsor operating in Australia.
Third-Party or Outsourcing Arrangements:
Supplying the services of a SID visa holder to another, unrelated business is not permitted under a Standard Business Sponsorship.
Salary Requirements
Employers nominating overseas workers under the 482, 494, 186, or 187 visa programs must comply with salary standards set by the Department of Home Affairs.
If the annual salary offered to the nominee is below AUD 250,000, the employer must demonstrate that:
The Annual Market Salary Rate (AMSR) has been accurately determined.
The nominee will be paid no less than the AMSR — that is, equivalent to or higher than what an Australian worker would receive for the same role.
Excluding non-monetary benefits, the total guaranteed earnings meet the required income threshold.
The Department must be satisfied that the proposed salary is not less than that paid to an Australian worker performing equivalent duties.
482 / SID Visa — Core Skills Stream
When employing overseas workers under the Core Skills Stream, employers must ensure that the salary offered:
Meets the prevailing market salary rate; and
Is above the Core Skills Income Threshold (CSIT), set at AUD 73,150 plus superannuation from 1 July 2024.
The salary must not include overtime payments, commissions, or other cash allowances.
482 / SID Visa — Specialist Skills Stream
When hiring highly specialised professionals, employers must ensure that the salary offered:
Aligns with the market salary rate; and
Exceeds the Specialist Skills Income Threshold (SSIT), set at AUD 135,000 plus superannuation from 1 July 2024.
The salary must not include overtime payments, commissions, or other variable cash incentives.
Indexation of Income Thresholds
To ensure fair remuneration and reflect labour market conditions, income thresholds are indexed annually.
Threshold adjustments take effect from 1 July each year. Any sponsorship or nomination lodged on or after that date must meet the updated income standards applicable for that program year.
Annual Market Salary Rate
Annual Market Salary Rate (AMSR)
To ensure that sponsored visa holders are paid a salary that reflects genuine market conditions, the Australian Government has implemented a series of salary assessment policies. These policies are designed to prevent the underpayment or exploitation of overseas workers while maintaining fairness within the local labour market.
When determining the Annual Market Salary Rate (AMSR), the following factors are taken into account:
The salary paid to Australian employees performing the same role within the business.
The relevant enterprise agreement or industry award recorded by the Fair Work Commission.
Occupation outlook data for the nominated position.
Job advertisements for comparable positions in the same location within the past six months.
Wage surveys or formal advice from trade unions or employer associations.
Where Equivalent Australian Employees Exist
If there are Australian workers employed in the same role, the AMSR is the actual salary paid to those employees.
Where salaries are based on an enterprise agreement or industry award, employers must provide:
The name of the relevant agreement or award (as registered with the Fair Work Commission);
The classification level or occupational group applicable to the nominated position; and
Copies of employment contracts or payslips if the business pays above-award wages or no applicable award exists.
Important Notes
Employees with significantly different levels of experience or seniority are not considered equivalent for AMSR purposes.
If the proposed salary for the overseas worker is below that of equivalent Australian employees, the nomination will be refused.
Generic salary data or unverified online sources are not sufficient to establish the AMSR and may result in refusal.
Where No Equivalent Australian Employee Exists, but an Enterprise Agreement or Industry Award Applies
The employer must provide:
The name of the relevant agreement or award (as recorded by the Fair Work Commission); and
The pay classification or level relevant to the nominated occupation.
Where No Equivalent Employee or Industry Standard Exists
The employer must explain how the AMSR was determined and provide supporting evidence. At least two of the following sources must be included:
Occupation outlook data;
Recent job advertisements (within six months) for similar positions in the same region;
Published salary surveys from reputable organisations; or
Written recommendations from a relevant trade union or employer association.
Nomination Validity
The employer nomination is valid for 12 months from the date of approval.
It will be automatically cancelled if any of the following situations occur:
The Department of Home Affairs receives a written notice from the sponsoring employer requesting to withdraw the nomination.
The related visa application has been approved or withdrawn.
Three months have passed since the sponsorship approval ended, unless a new sponsorship application has been lodged before that date and is still pending approval.
The sponsorship approval has been cancelled by the Department.
Note: At the time the visa decision is made, the nomination must still be valid.
ANZSCO
Different visa subclasses refer to different ANZSCO versions. Below is a summary
Visa Subclass | ANZSCO Version |
|---|---|
482 - SID | 23 Nov 2022 |
494 - Skilled Employer Sponsored Regional | 27 Jun 2013 |
186 - Employer Nomination Scheme | 23 Nov 2022 |
187 - Regional Sponsored Migration Scheme | 27 Jun 2013 |
189/190/491 - General Skilled Migration | 27 Jun 2013 |
407 - Training Visas | 27 Jun 2013 |
Cost
Payable by employer
| 金额 | |
|---|---|
| Sponsorship Fee | AUD 420 |
| Nomination Fee | The nomination application fee is AUD 330 for Subclass 482/SID visas and AUD 540 for Subclass 186 visas. (The exact amount may vary depending on the visa type and location.) This fee is payable when the employer lodges a nomination for a specific position. |
| Skilling Australians Fund Levy | When nominating skilled workers under the Subclass 482/SID visa, employers must pay the SAF levy according to the following rates: • Small businesses (annual turnover under AUD 10 million): AUD 1,200 per nominee per year When nominating skilled workers under the Subclass 186 or Subclass 494 (Regional Employer Sponsored) visa, the following one-off SAF levy applies: • Small businesses (annual turnover under AUD 10 million): AUD 3,000 |
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Refund of the Skilling Australians Fund (SAF) Levy
The Skilling Australians Fund (SAF) levy can only be refunded — either in full or in part — in very limited circumstances.
If an employer withdraws a nomination application before a decision (including an approval) has been made, the Department may refund both the nomination fee and the SAF levy.
A refund of the SAF levy may be considered in the following situations:
Both the nomination and visa have been approved, but the visa holder has not entered Australia or commenced work.
The nomination is approved, but the visa is refused due to health or character issues.
The nomination is withdrawn because incorrect information (such as business turnover or employment period) was provided, and a new nomination is lodged to recalculate the levy.
The employer withdraws a Labour Agreement nomination before the agreement is finalised.
The employer withdraws the nomination after reaching the annual cap or selecting the wrong occupation code.
For 482/SID or 494 visas, if the sponsored worker leaves within the first 12 months and the visa remains valid for over 12 months, only the unused full-year portion of the SAF levy can be refunded. (This does not apply to 186 or 187 visa holders.)
Frequently Asked Questions
If an employer temporarily ceases operations or reduces staff, does it affect sponsored workers’ visas?
Yes. If employment ends, the employer must notify the Department of Home Affairs within 28 days. The visa holder then has limited time to find a new sponsor or lodge another visa, otherwise their lawful status may lapse.
Can a sponsor outsource the sponsored employee to another company under a service agreement?
No. Sponsors cannot outsource or on-hire a 482/SID visa holder to an unrelated third party unless a specific Labour Agreement permits such arrangements.
If a business changes ownership or is acquired, must it reapply for sponsorship approval?
Generally, yes. Sponsorship approval does not automatically transfer to a new legal entity. The new owner must apply for SBS approval and re-nominate the affected employees.
What happens if an employer pays below the Annual Market Salary Rate (AMSR)?
This breaches sponsorship obligations and can lead to nomination refusal, suspension or cancellation of sponsorship approval, and potential civil penalties.
Can a small business sponsor an overseas worker?
Yes. There is no fixed minimum turnover, but the business must demonstrate genuine operations and sufficient financial capacity to meet wage obligations.
Can a sponsor recover visa or agent fees from the sponsored employee?
No. Sponsors are prohibited from recovering any costs related to the sponsorship or visa process, including government fees or agent charges. Breaches are treated as serious non-compliance.
How does the Department assess whether a nominated position is genuine?
Officers review the employer’s business model, structure, duties, and financial records. If the role appears created solely to secure a visa or inconsistent with business needs, it may be deemed non-genuine.
Can repeated breaches result in a permanent ban from sponsoring?
Yes. Repeated or deliberate non-compliance — such as false nominations or worker exploitation — can result in permanent cancellation and public sanction listing.
Can employers include cash allowances or commissions in the salary package for nomination purposes?
No. The AMSR, CSIT and SSIT thresholds only count fixed base salary and superannuation — overtime, bonuses, or cash allowances are excluded.
Can an employer sponsor multiple overseas workers at the same time?
Yes, but each nomination must reflect a genuine business need. If the number of nominations appears excessive for the business size, the Department may request further evidence of capacity and recruitment records.
