Work Visa Lawyers

The Skills in Demand (SID) visa, Subclass 482, is Australia's primary temporary employer-sponsored work visa. It replaced the Temporary Skill Shortage (TSS) visa and has three streams. The Specialist Skills Stream is for high-earning workers in any occupation, subject to a salary threshold above AUD 141,210 (subject to change each year on 1 July). The Core Skills Stream covers workers in occupations on the Core Skills Occupation List (CSOL), subject to meeting the TSMIT and market salary rate. The Labour Agreement stream is for skilled workers nominated by employers who have a specific Labour Agreement negotiated with the Australian Government.

As an approved sponsor you must pay the correct market salary rate, not recover sponsorship costs from the worker, keep employment and payroll records, notify the Department within 28 days if the worker stops working for you, cooperate with any audits or inspections, ensure the worker only performs duties in their nominated occupation, and cover reasonable travel costs home if the worker requests it when employment ends. Penalties for non-compliance include fines, cancellation of sponsorship approval, and a bar on future sponsorship.

The Employer Nomination Scheme (ENS), Subclass 186, is a permanent residence visa for skilled workers nominated by an approved Australian employer. Employers must be lawfully operating, have a genuine need for the position and, in some cases, be the holders of a Standard Business Sponsorship. Workers must be nominated for an eligible occupation, meet skills and qualifications requirements, be under 45 years of age (with some exceptions), meet English language requirements, and satisfy health and character requirements. Eligibility criteria differ between the TRT stream and the Direct Entry stream. The 186 is one of the most commonly used pathways from temporary sponsored work to permanent residence.

The 186 visa has two active streams. The Temporary Residence Transition (TRT) stream is for workers who have been sponsored on a 482 visa in the same occupation for at least two years and are nominated by the same employer who has maintained their status as a Standard Business Sponsor during the workers employment. The Direct Entry stream is for workers who meet the skills, qualifications and experience requirements without needing prior 482 sponsorship, and is available for certain occupations and employment arrangements. A third stream, the Labour Agreement stream, applies where the nomination is made under a Labour Agreement rather than the standard framework.

The Subclass 494 is a five-year provisional visa for skilled workers sponsored by employers in designated regional areas of Australia. It replaced the Subclass 187 for new regional employer-sponsored permanent pathways. The worker must be nominated for an eligible occupation on the SESCOL, meet salary requirements, satisfy skills and qualifications criteria, and hold the visa while living and working in a designated regional area. After three years on the 494, the worker can apply for the Subclass 191 permanent residence visa, subject to compliance with regional living and work conditions and providing three ATO Notices of Assessment.

The Subclass 187 Regional Sponsored Migration Scheme (Permanent) visa closed to new applications in November 2023. Applications lodged before that date continue to be processed by the Department of Home Affairs. For new regional employer-sponsored permanent residence, the pathway is now the Subclass 494 (provisional) followed by the Subclass 191 (permanent). MML continues to advise on pending 187 applications and on the transition to the 494/191 pathway. In the alternative, businesses and visa applicants can use the Subclass 482/186 pathway where appropriate.

A Labour Agreement is a formal arrangement between an employer and the Australian Government that allows sponsorship of overseas workers outside the standard 482 and 186 conditions. They are used when the occupation is not on any standard eligible occupation list, when the employer cannot meet the standard salary threshold, when English language requirements need to be reduced, or when the employment model (such as on-hire arrangements) does not fit the standard sponsorship framework. Labour Agreements allow concessions on age, salary, and English that are not otherwise available. They are also the mechanism through which industry templates and DAMAs operate. Genuineness of the position and evidence of the inability to attract workers from the local market are the key criteria for negotiated labour agreements.

A Designated Area Migration Agreement (DAMA) is a two-tiered arrangement between the Australian Government and a regional authority, such as a local government or regional body, that allows employers in that region to sponsor workers under terms that differ from the standard 482 and 186 conditions. Unlike a standard Labour Agreement, a DAMA already exists as a framework agreement and individual businesses apply to access it rather than negotiating from scratch. DAMAs typically allow for a wider range of occupations, lower salary thresholds, and relaxed English language requirements compared to standard sponsorship pathways.

Sponsored workers on a 482 visa must be paid at least the market salary rate for their occupation and location, and must not be paid less than an Australian in the same role in equivalent circumstances would receive. There is also a minimum threshold called the Temporary Skilled Migration Income Threshold (TSMIT), which is currently AUD 76,515 per annum (subject to change each year on 1 July). The higher of TSMIT and the market salary rate applies. Salary includes base wages but can also incorporate guaranteed earnings. Allowances and non-guaranteed components generally do not count toward meeting the threshold.

If a sponsored employee ceases employment, both the employer and the worker have notification obligations to the Department of Home Affairs. The employer must notify the Department within 28 days. The worker then has a period of 180 days to find a new approved sponsor, change visa status, or make arrangements to depart Australia. During this 180-day period the worker can remain in Australia and seek alternative sponsorship. If no alternative arrangement is made within the 180 days, the worker's visa may be subject to cancellation. Employers should also be aware that ceasing to employ a sponsored worker may trigger obligations related to travel costs.

Standard Business Sponsors must apply for sponsorship approval and meet basic eligibility criteria including having a lawfully operating business. Accredited Sponsors are a higher-tier designation available to businesses that meet additional criteria relating to their size, financial strength, and compliance track record, including ASX-listed companies, Standard Business Sponsors who have sponsored a significant number of workers, and businesses that have held approval for a substantial period without compliance issues. Accredited Sponsors benefit from streamlined processing, priority visa processing for nominated workers, and longer sponsorship approval periods. The accreditation requirements are assessed by the Department.

Yes. A worker does not need to be in Australia at the time of visa application or grant for the 482, 186 or 494. The nomination and visa application can be lodged and processed while the worker is offshore. The worker then enters Australia on the granted visa. There is no requirement that the worker hold any prior Australian visa status. Offshore applications follow the same evidentiary requirements as onshore applications, but the worker will not have a bridging visa and cannot enter Australia until the visa is granted.

The TRT stream allows a worker who has held a 482 visa (or a predecessor TSS or 457 visa in some cases) for at least two years in the same occupation to transition to permanent residence through the 186. The employer must nominate the worker for the same or a closely related occupation, and the worker must have been employed by a Standard Business Sponsor throughout the qualifying period and be nominated by the business who last nominated the worker for the Subclass 482 visa. The TRT stream does not require a formal skills assessment for most occupations, relying instead on the employment record as evidence of the worker's suitability. The 45 age limit applies unless an exemption is available. Workers on the 482 should plan their TRT pathway from the outset of their sponsorship.

Designated regional areas for the 494 include all of Australia except Sydney, Melbourne, Brisbane, the Gold Coast, and Perth. This covers a large geographic area including regional cities such as Geelong, Newcastle, Wollongong, Hobart, Darwin, Adelaide, Canberra, and the ACT, as well as rural and remote areas. After holding the 494 for three years while living and working in a regional area in the nominated occupation, the worker becomes eligible to apply for the Subclass 191 permanent residence visa. The 191 does not require further employer sponsorship at the time of application. There is no minimum income threshold for the 191 itself, though compliance with regional residence and employment conditions must be demonstrated throughout.

There are three main types. Company-specific agreements are negotiated individually between a single employer and the Department of Home Affairs, tailored to the specific workforce needs and circumstances of that business. Industry agreements are pre-negotiated templates between the Government and a peak body for an entire sector, such as aged care, restaurant and catering, horticulture, dairy, and meat processing. Businesses in the relevant industry apply to access the existing template rather than negotiating from scratch. Designated Area Migration Agreements (DAMAs) are region-based agreements that allow a broader range of occupations and greater concessions than standard sponsorship, including for roles not on any standard occupation list. All three types can cover occupations that fall outside the standard skilled occupation lists, depending on the specific terms negotiated.

Yes. There is no minimum size requirement to become an approved Standard Business Sponsor. A small or medium business can sponsor overseas workers provided it can demonstrate that it is a lawfully operating business, that it has a genuine need for the position, and that it can meet the relevant salary and sponsorship obligations. The genuineness of the position and the business's financial capacity to employ the worker are carefully assessed. MML works with businesses of all sizes, including small family-owned businesses and sole traders sponsoring their first overseas employee.

Occupation eligibility depends on the visa stream. For the 482 Core Skills Stream, the occupation must appear on the Core Skills Occupation List (CSOL) published by the Department of Home Affairs. For the 482 Specialist Skills Stream, any occupation is eligible if the salary threshold is met. For the 186 Direct Entry stream, the occupation must be on the relevant skilled occupation list. For the 494, the occupation must appear on the Skilled Employer Sponsored Regional Occupation List (SESCOL). Labour Agreements and DAMAs can allow sponsorship of occupations not on any standard list. MML can confirm whether a specific occupation and role are eligible before any application is lodged.