Employer Sponsored Visa
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Australian Employer Sponsored Visa Pathways
Australia offers various visa options for international professionals seeking employment opportunities within the country.
Many of these sponsored visa migration pathways can lead to permanent residency and eventual citizenship. These programs create valuable opportunities for international talent while providing Australian businesses with solutions to address their workforce needs during skills shortages.
Each visa category has unique eligibility requirements, application procedures, and benefits that should be carefully considered based on your individual circumstances and professional qualifications.
Skills in Demand Visa 482
The Australian Skills in Demand visa (subclass 482) provides pathways for international professionals to fill crucial workforce gaps in Australia. This program features three distinct streams designed for different professional scenarios:
The Three Pathways
Core Skills Stream
Targets positions listed on the Core Skills Occupation List addressing medium and long-term skill shortages across various industries.
Specialist Skills Stream
Created for highly specialised roles meeting specific salary requirements and professional classifications.
Labour Agreement Stream
Designed for positions under labour agreements between employers and the Australian government.
Sponsoring Business Requirements Your prospective employer must demonstrate:
⦁ Active and legitimate business operations in Australia, or
⦁ Active overseas operations with plans to establish Australian operations or fulfill specific contractual obligations
Additionally, the business must have no adverse information affecting their sponsorship eligibility, including:
⦁ No violations of relevant laws (immigration, workplace relations, taxation)
⦁ No pending investigations or disciplinary proceedings
⦁ No history of providing misleading information to immigration authorities
Nominating Position
The position your employer nominates must:
⦁ Be a genuine, full-time position within the business structure
⦁ Be located within the sponsor’s organisation or an associated entity
⦁ Include a formal employment contract (unless specifically exempted)
⦁ Meet minimum salary thresholds:
⦁ At least $73,150 annually (excluding non-monetary benefits) for Core Skills Stream
⦁ At least $135,000 annually for Specialist Skills Stream
⦁ Match or exceed the annual market salary rate for equivalent positions
The annual market salary rate represents what an Australian worker would earn for performing identical work in the same location and workplace. This requirement may be waived if your salary exceeds $250,000 annually.
Your employment conditions (beyond salary) must be no less favorable than those applying to Australian workers in comparable positions. Your employer must also demonstrate they have conducted Labour Market Testing by advertising the position:
⦁ Within the previous 4 months
⦁ For a minimum period of 4 weeks
⦁ According to strict criteria regarding advertisement placement, format, and content
Some employers may qualify for exemption from Labour Market Testing under International Trade Obligations. For specific guidance on requirements for your circumstance, consultation with migration professionals is recommended.
Core Skills Stream Details
Key Benefits:
⦁ Up to 4 years of work authorisation (5 years for Hong Kong passport holders)
⦁ Unrestricted travel while the visa remains valid
⦁ Potential pathway to permanent residency
Eligibility Requirements:
⦁ Nomination by an approved sponsor for a CSOL-listed occupation
⦁ Minimum 1 year of relevant full-time work experience within the past 5 years
⦁ Suitable qualifications and skills for the position
⦁ English language proficiency (with specific test score requirements)
⦁ Health and character clearances
⦁ Appropriate health insurance coverage
⦁ Required professional registrations or licenses
Specialist Skills Stream Details
Key Benefits:
⦁ Authorisation to work in highly specialised roles
⦁ Validity period matching the nomination period (up to 4 years)
⦁ Potential pathway to permanent residency
Eligibility Requirements:
⦁ Nomination for a position meeting the Specialist Skills income threshold
⦁ Relevant experience and qualifications
English Language Proficiency: Applicants must demonstrate English language competency by achieving minimum scores in one of these approved tests:
⦁ IELTS: Score of at least 5 in each test component (Listening, Reading, Writing, Speaking)
⦁ OET: Minimum grade B in all test sections
⦁ TOEFL iBT: Minimum overall score of 35, with at least 4 in Listening and Reading components, and minimum 14 in Writing and Speaking components
⦁ PTE Academic: Minimum score of 36 in each test component
⦁ Cambridge English (CAE): Minimum score of 154 in each test component
Test results must have been obtained within three years of your visa application. Exemptions may apply for applicants who have completed at least five consecutive years of full-time study in English-medium institutions. Additional exemption categories exist for certain passport holders or special circumstances—consult a migration professional for personalized guidance.
⦁ Health and character clearances
⦁ Appropriate health insurance coverage
⦁ Required professional accreditations
Labour Agreement Stream Details
Key Benefits:
⦁ Employment under customised government agreements
⦁ Flexible requirements based on industry needs
⦁ Potential permanent residency pathways depending on agreement terms
Eligibility Requirements:
⦁ Nomination under an approved labour agreement
⦁ Minimum 1 year of relevant experience in the past 5 years
⦁ Skills meeting agreement specifications
⦁ English language proficiency as specified in the agreement
⦁ Health and character clearances
⦁ Appropriate health insurance coverage
Application Costs
Government Fees:
⦁ Primary applicant: AUD 3,115
⦁ Adult dependents: AUD 3,115 each
⦁ Dependents under 18: AUD 780 each
Additional expenses may include skills assessments, language testing, medical examinations, and police certificates.
Visa Obligations
After approval, you must:
⦁ Begin employment within 90 days of visa grant or arrival
⦁ Work exclusively in your nominated role for your sponsor
⦁ Maintain adequate health insurance
⦁ Comply with all visa conditions
Introduction to 186 Visa Streams
This guide covers the two primary pathways of the Employer Nomination Scheme: the Direct Entry Stream and the Temporary Residence Transition Stream.
If you’ve been working for your sponsoring employer for approximately two years and are seeking permanent residency, the Temporary Residence Transition Stream may be most appropriate for your situation.
Direct Entry Stream Overview
The Subclass 186 Employer Nomination Scheme (ENS) enables Australian employers to recruit highly skilled foreign workers for positions they cannot fill locally. This program is specifically designed to address skill shortages within the Australian labor market when domestic recruitment efforts prove insufficient.
Direct Entry Stream – Employer & Position Requirements
Employer Criteria
The nominating business must:
⦁ Maintain active and lawful operations within Australia
⦁ Demonstrate a genuine need for your skills in the nominated position under their direct supervision
⦁ Possess the capacity to employ you in this role for a minimum of two years
Position Requirements
The nominated position must:
⦁ Offer full-time employment guaranteed for at least 2 years from visa grant date
⦁ Be classified under an occupation listed on the current Medium and Long-term Strategic Skills List (MLTSSL)
Labour Agreement Stream
Important Note: Certain occupations on this list are subject to additional requirements regarding salary thresholds, business type, or position nature. For personalized advice relevant to your specific circumstances, professional consultation is recommended.
⦁ Provide minimum compensation of:
⦁ At least $73,150 annually (excluding non-monetary benefits) AND
⦁ Meet or exceed the annual market salary rate (AMSR) for your occupation
Additional Salary Notes: The AMSR represents what an Australian would earn performing equivalent work full-time for one year in the same workplace location. The AMSR must not be less than $73,150 annually. This requirement is waived if your salary exceeds $250,000 per year.
⦁ Offer employment conditions (beyond salary) that are at least equivalent to those provided to Australians in comparable positions
Direct Entry Stream – Applicant Requirements
As the visa applicant, you must (unless specifically exempted):
⦁ Demonstrate competent English proficiency through one of the following:
⦁ Hold a valid passport as a citizen of UK, USA, Canada, New Zealand or Republic of Ireland, OR
⦁ Achieve minimum scores in recognized English tests:
⦁ IELTS: At least 6 in EACH component
⦁ OET: At least B in EACH component
⦁ TOEFL iBT: Minimum 12 for listening, 13 for reading, 21 for writing, 18 for speaking
⦁ PTE: At least 50 in EACH component
⦁ CAE: At least 169 in EACH component
Note: Test results must be less than three years old at application time
⦁ Obtain positive skills assessment from the relevant authority for your nominated occupation
⦁ Possess minimum three years of full-time relevant work experience in your nominated occupation
⦁ Be under 45 years of age
⦁ Hold all mandatory licenses, registrations or professional memberships required for your occupation
⦁ Meet health and character requirements
Temporary Residence Transition Stream Overview
The Subclass 186 Employer Nomination Scheme also provides a pathway for temporary visa holders to transition to permanent residency after working with their Australian employer for a qualifying period.
Temporary Residence Transition Stream – Employer & Position Requirements
Employer Criteria
The nominating business must:
⦁ Continue to operate actively and lawfully within Australia
⦁ Demonstrate genuine need for your skills under their direct control
⦁ Have capacity to maintain your employment for at least two additional years
Position Requirements
The nominated position must:
⦁ Offer full-time employment guaranteed for minimum 2 years from visa grant date
⦁ Provide minimum compensation of:
⦁ At least AU$73,150 annually (excluding non-monetary benefits) AND
⦁ Meet or exceed the annual market salary rate for your occupation
Note: The AMSR requirement is identical to the Direct Entry Stream, including the $250,000 salary exemption threshold.
⦁ Maintain employment conditions comparable to or better than those offered to Australian workers in equivalent positions
Temporary Residence Transition Stream – Applicant Requirements
As the visa applicant, you must:
⦁ Have held one of these visas while working full-time in your nominated position (or closely related role) for your nominating employer for at least 2 years prior to application:
⦁ Subclass 457 Temporary Work (Skilled) visa (excluding Labour Agreement stream) OR
⦁ Subclass 482 Temporary Skill Shortage (TSS) visa
⦁ Be genuinely performing the duties of your nominated occupation
⦁ Demonstrate competent English through the same pathways as the Direct Entry Stream:
⦁ Citizenship of an exempt country OR
⦁ Qualifying test scores on IELTS, OET, TOEFL iBT, PTE or CAE (C1 Advanced)
⦁ Be under 45 years of age (unless exempt)
⦁ Hold all mandatory licenses, registrations or professional memberships
⦁ Satisfy health and character requirements
What is a 494 visa?
The Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa provides a pathway for overseas workers to live and work in regional Australia under employer sponsorship. This provisional visa helps regional employers address skilled workforce shortages when suitable Australian workers are unavailable. The visa provides five years of residency with eligibility to apply for permanent residency upon meeting specific criteria.
Note: This guide covers the standard stream requirements. For information about the Labour Agreement stream, please schedule a consultation for specialized advice
494 Visa – Employer & Position Requirements
Employer Eligibility
The sponsoring business must:
⦁ Maintain active and legitimate operations within Australia
⦁ Have no adverse information affecting their suitability as an approved sponsor
Important: Adverse information may include violations of Commonwealth, State or Territory laws (immigration, workplace relations, taxation), pending investigations, administrative actions for potential legal contraventions, financial insolvency, or submission of fraudulent documentation to immigration authorities.
Accreditation Advantage
Qualifying businesses may apply for accredited status, granting priority processing for Subclass 494 nominations and visa applications. Contact our office to assess your employer’s accreditation eligibility.
Nominated Position Requirements
The position must appear on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) and:
⦁ Represent a genuine, full-time role located in a designated regional area
⦁ Show sustainability for at least the next 5 years
⦁ Exist within the sponsor’s business structure (or associated entity)
⦁ Be supported by a signed employment contract that doesn’t exclude possible extension
⦁ Offer minimum compensation of:
⦁ At least $73,150 annually (excluding non-monetary benefits) AND
⦁ Meet or exceed the Annual Market Salary Rate for the occupation
Salary Note: The Annual Market Salary Rate represents what an Australian would earn performing equivalent work full-time in the same workplace location. This rate must not be below $73,150 annually. This requirement is waived if your salary exceeds $250,000 per year.
⦁ Provide employment conditions at least equivalent to those offered to Australian workers in comparable positions
⦁ Have undergone Labour Market Testing within the previous 4 months for at least 4 weeks
LMT Note: Alternative testing criteria may apply in certain circumstances. Evidence must meet specific requirements regarding advertisement placement, format, and content. Exemptions may apply under International Trade Obligations.
⦁ Receive certification from a designated Regional Certifying Body
494 Visa – Applicant Requirements
As the visa applicant, you must (unless specifically exempted):
⦁ Be under 45 years of age
⦁ Obtain positive skills assessment from the relevant authority for your nominated occupation
⦁ Note: If your assessment is based on an Australian qualification obtained while holding a student visa, that qualification must have been CRICOS registered
⦁ Demonstrate at least three years of full-time experience (or part-time equivalent) in your nominated occupation or closely related field
⦁ Show genuine intention to work in the nominated position
⦁ Hold all mandatory licenses, registrations, or professional memberships required for your occupation
⦁ Demonstrate competent English through one of these methods:
⦁ Citizenship of an eligible country (UK, USA, Canada, New Zealand, Republic of Ireland) OR
⦁ Achievement of minimum scores in recognized English tests:
⦁ IELTS: At least 6 in EACH component
⦁ OET: At least B in EACH component
⦁ TOEFL iBT: Minimum 12 for listening, 13 for reading, 21 for writing, 18 for speaking
⦁ PTE: At least 50 in EACH component
⦁ CAE (C1 Advanced): At least 169 in EACH component
English Note: Test results must be less than three years old at application time
⦁ Satisfy health and character requirements
Exemption Note: Various exemptions may apply to these criteria. Professional consultation is recommended to assess your individual circumstances.
Adding Your Partner to your 482 or 494 visas
Feeling Overwhelmed About Partner Visa Applications Comprehensive Support from Baarini Migration Lawyers?
Is the complexity of Australia’s visa system causing you stress and uncertainty? You’re not alone. At Baarini Migration Lawyers, we understand the emotional and procedural challenges of navigating partner visa applications.
Our team provides clarity and confidence throughout your migration journey, transforming complex immigration procedures into manageable steps tailored specifically to your circumstances.
What are 482 and 494 Subsequent Entrant Visas?
Subclass 482 Temporary Skill Shortage Visa: If your partner holds this employer-sponsored visa, you may be eligible to join them in Australia through the Subsequent Entrant stream.
Subclass 494 Skilled Employer Sponsored Regional Visa: If your partner holds this regional employer-sponsored visa, you can apply to be added as a subsequent entrant to share their regional Australian journey.
Both pathways allow partners of primary visa holders to live, work and study in Australia for the same period as the main applicant, with the 494 visa offering a path to permanent residency after three years in regional Australia.
Our Streamlined Process for Partner Applications
1. Initial Consultation and Assessment
We begin with a thorough evaluation of your eligibility against current immigration requirements, identifying potential challenges early.
2. Documentation Preparation
Our team helps you compile compelling relationship evidence and all required supporting documents to strengthen your application.
3. Application Submission
We prepare and lodge your complete application with the Department of Home Affairs, ensuring all legal requirements are satisfied.
4. Processing Period Management
During the waiting period, we monitor your application status, respond to any departmental requests, and keep you informed throughout.
5. Decision and Implementation
Upon approval, we explain all visa conditions and next steps to ensure you maintain compliance with your new visa status.
How Baarini Migration Lawyers Elevates Your Application
Expert Eligibility Assessment
• Comprehensive evaluation of your specific circumstances against current partner visa requirements • Clear explanation of available options under the Migration Act and Regulations
Application Enhancement
• Customised guidance on gathering compelling relationship evidence • Statutory declaration templates designed specifically for partner visa applications • Strategies to address potential concerns before they arise
Comprehensive Document Management
• Full review of all supporting evidence prior to submission • Professional completion of all required forms and applications • Organisation of documents according to departmental preferences
Ongoing Support and Advocacy
• Secure online portal access for application management from anywhere • Expert case management throughout the entire process • Professional communication with the Department on your behalf • Legally sound written submissions when additional clarification is needed
Compliance and Future Planning
• Clear explanation of important dates, travel conditions and visa limitations • Bridging visa arrangement assistance if applying while in Australia • Strategic guidance for future permanent residency and citizenship pathways • Specific advice on regional residence requirements for 494 visa holders
We handle every aspect of your application, allowing you to focus on preparing for your life together in Australia while we navigate the legal complexities on your behalf.
Your Pathway to Australian Migration Success in 6 Seamless Steps
Navigating Australia’s visa process requires careful planning and attention to detail. Our streamlined approach breaks down the journey into manageable steps, providing clarity and support throughout your migration experience.
Step 1: Personalised Consultation
The journey begins with a comprehensive consultation with us which will:
⦁ Evaluate your qualifications and personal circumstances
⦁ Assess your employer’s eligibility to sponsor your position
⦁ Address any questions from both you and your potential employer
⦁ Provide flexible consultation options accessible from any device
⦁ Arrange separate discussions with your employer if needed
Following this assessment, we’ll deliver a transparent fixed-fee quote outlining costs for each application stage, with flexible payment options to accommodate your financial planning.
Step 2: Thorough Eligibility Assessment
Once engaged, we conduct a detailed review of your candidacy:
⦁ Analyse your qualifications, work experience, and English language proficiency
⦁ Identify suitable occupation categories for your nomination
⦁ Evaluate potential for positive skills assessment from relevant authorities
⦁ Provide comprehensive advice about meeting Department of Home Affairs requirements
⦁ Deliver honest assessment of your visa prospects
Whilst our initial assessment is thorough, please note it cannot guarantee skills assessment outcomes.
Step 3: Strategic Skills Assessment
For visa pathways requiring formal skills validation:
⦁ Prepare your application for the appropriate skills assessing authority designated by the Department
⦁ Provide a customised checklist of required documentation and evidence
⦁ Guide you through occupation-specific assessment criteria
⦁ Submit your application with all supporting materials
⦁ Liaise with assessing authorities throughout the review process
Step 4: Sponsorship Application (if applicable)
For employer-sponsored visas, we manage the business sponsorship process:
⦁ Confirm the business meets “actively and lawfully operating” requirements
⦁ Prepare documentation demonstrating the organisation’s eligibility
⦁ Explain all sponsorship obligations to protect both employer and employee
⦁ Outline prohibited cost recovery practices regarding visa expenses
⦁ Detail record-keeping requirements for compliance purposes
⦁ Address specific regional certification requirements where necessary
Step 5: Position Nomination
We handle the critical nomination application process:
⦁ Submit comprehensive documentation supporting the nominated position
⦁ Calculate and facilitate payment of the appropriate Skilling Australians Fund levy:
⦁ $3,000 per nomination for businesses with turnover below $10 million
⦁ $5,000 per nomination for businesses with turnover of $10 million or more
⦁ Ensure all position requirements meet Department specifications
⦁ Coordinate regional certifying body assessments when required
⦁ Prepare supporting documentation demonstrating genuine need for the position
Step 6: Visa Application Finalisation
With groundwork complete, we lodge your visa application:
⦁ Submit within required timeframes following nomination approval
⦁ Ensure all health and character requirements are satisfied
⦁ Provide guidance on location requirements during application processing
⦁ Clarify all visa conditions and compliance requirements
⦁ Explain notification obligations regarding address or employment changes
⦁ Outline pathways to permanent residency where applicable
Important Considerations:
⦁ Application preparation typically takes several weeks, depending on document availability
⦁ Processing times vary based on Department workloads, application complexity, and risk factors
⦁ Certain visa subclasses have specific timing requirements between nomination and application
⦁ Some visa types have residence location requirements for permanent pathway eligibility
⦁ Different visa subclasses have varying validity periods and conditions
Our experienced team provides continuous support throughout this journey, ensuring you understand each step and maintaining regular communication with immigration authorities on your behalf.