Before you read on, there is no substitute to talking to us about Employer Sponsorship, every case is different and you need to make sure you and your employer have a reasonable chance of success. While the information on this page and other sites is useful, the best way to find out whether you qualify, and what your options are, is to talk to us directly.

Please also note, we do not find employers who can sponsor you, that’s up to you. We have plenty of work keeping up to date with changes in migration law, assessing cases, preparing supporting documents, lodging visas, and answering requests for further information!

There’s three main types of employer sponsorship commonly used in Australia.

• The Temporary Work Skill Shortage visa (subclass 482)
• The Employer Nomination Scheme visa (subclass 186)
  • Temporary Residence Transition stream
  • Direct Entry stream
• Regional Sponsored Migration Scheme Visa (Subclass 187) – discontinued for most applicants and replaced with…
• Skilled Employer Sponsored Regional (Provisional) (Subclass 494)

Temporary Skill Shortage visa (subclass 482)

There’s two main paths for the 482 visa:

For those with occupations on MLTSSL they can have a 4 year visa, and after 3 years with the employer they can apply for PR through the employer (on the 186 transitional visa pathway).

For those with occupations on STSOL they can only have a 2 year visa, which they can extend once, and have no pathway to PR through the employer. If this applies to you and you want PR you will either need to look at the 186 Direct Entry, or 187 RSMS, or other visa’s altogether.

There’s three key steps for a 482:

• The employer needs to be an approved sponsor. If they are not we can usually get them approved.
• The position nominated needs to be on the MLTSSL or STSOL, meet minimum salary ($53,900 + Super) and annual market salary rates, will need to be advertised for 28 days before lodgement, and the company will need to pay the SAF training levy.
• The applicant for the 482 will need either relevant qualifications or work experience (the level of qualification or amount of work required depends on the occupation nominated), and unless exempt will need to prove their level of English meets the DIBP requirements (e.g. IELTS 5). Critically applicants now also need 2 years of work experience as well as any qualifications they may hold.

The process takes varying lengths of time, but as a guideline 2-4 months is fairly normal.

Once an applicant is approved their visa usually lasts for 4 years (depending on which list their occupation is from), and is tied to the company through the nomination. The employee can quit, and the employer can fire the employee, but if that happens the employee cannot simply jump to another company, they have to find a new sponsor to nominate them in that position.

While the process is relatively straightforward, there are a large amount of supporting documents needed, and we know of cases where the business has tried to do it themselves and it has either resulted in refusals, or has taken far longer than if it had been done through a professional migration agent.

The most common area of problem on a 482 application is the Nomination, which can be refused on the grounds that the position is not genuine, or the business does not require the role.

When Stellar Migration are working on a 482 we first look at the business, checking if its approved already, and if not assessing the chances of them being approved. Next we look at the nominated position, does it make sense, are the salary requirements being met, is there anyone else in the role, etc. Finally we check the employee, whether they meet the required qualification or work experience, and IELTS.

Like all Visas, every 482 is unique, so every case needs to be assessed in detail. Some companies are start ups, others have been in business for 30 years. Some hire all Australian, others hire mostly backpackers and students. Many people have overseas qualifications which may not be accepted as being equivalent to Australian qualifications, and we need to assess work experience to see if it’s relevant.

If you want an assessment to see if you qualify then please contact us through our phone, email, or contact page.

The Employer Nomination Scheme visa (subclass 186) – (temporary residence transition stream)

Under old rules if the employee stays in the same position with the same employer for 2 years they can then apply for Permanent Residence through the the Employer Nomination Scheme visa (subclass 186) , IF the employer approves it.

Under new rules an 482 visa holder needs to be on the MLTSSL and work for the employer for 3 years to be eligible to apply for PR, once again, IF the employer approves it.

The calculation of the 2/3 years of work is based from the date the employee started working on the 457/482 (so not counting previous work), and does not include periods of unpaid leave.

If the employee quits or gets fired then this will reset the count of 2 years (you cannot work 1 year in one position, 1 year in another position (or company), and then apply for PR on the 186).

The fact that the 457/482 can lead to permanent residence through the 186 visa is one of the main attractions for people for being sponsored on a 457/482.

The Employer Nomination Scheme visa (subclass 186) – (Direct Entry stream)

There is another path to getting the 186 visa, which is called Direct Entry.

This is much less common in our experience, as while in theory the employee is tied to the company once the visa is approved, in practice the employee could quit once the visa is granted, so employers are less keen to do it.

Direct Entry on a 186 has tougher requirements than a 482.

• The applicant will need to have a valid skills assessment for the occupation they wish to apply for.
• The applicant will need to have competent English (e.g. IELTS 6.6.6.6)
• The applicant will need to have 3 years of relevant experience (or 6 years if the work was part time!).

Regional Sponsored Migration Scheme Visa (Subclass 187) – DISCONTINUED for most applicants (see below)

Often shortened to RSMS, this option is designed to encourage people to get sponsored in the Outback (well, outside of the big cities at least). RSMS is available for a list of specific occupations, but only if a regional certifying body certifies there’s a shortage of local workers in that occupation (which in the Outback is often the case!).

Like the 186 Direct Entry the applicant needs the right qualifications, and 3 years of experience, but unlike the 186 Direct Entry they usually don’t need a skills assessment unless they are unlucky.

The main advantages or RSMS are that the applicants can get PR from the beginning (so unlike the 482 they don’t need to work for 3 years first), but perhaps more importantly RSMS is available for some occupations which are not listed on MLTSSL or STSOL. 

Like the 186 visa, technically there’s no conditions on your 187 visa when it’s granted, however section 137Q of the Migration Act 1958 says that you must both start within 6 months of the visa being granted, and that the Minsiter may cancel your 187 if you quit within the 2 years, and you cannot persuade the Minister that you made every effort to stay with the employer.

The new Subclass 494 – Skilled Employer Sponsored Regional (Provisional)

This is the new version of the 187 visa, and it’s been brought more in line with the 482-186 visa combination. First the applicant must get the 494 temporary visa, which will be for 5 years, fulfil requirements, and then in theory they can apply for the 491 permanent visa.

The requirements for the 494 are a little tougher than for the old 187 visa:

• Must pass a full skills assessment.
• Must have Relevant Qualifications and 3 years of relevant work experience (past time not allowed).
• The position must be approved by a regional certifying body (RCB).
• Must be nominated by an employer, who will have to pay relevant fees.
• Must be under 45.

There’s also some new conditions that come with the 494 visa, such as:

• You must remain in regional Australia, working under an approved nomination.
• You will need to earn at least TSMIT ($53,900) for 3 years to apply for PR.
• You cannot apply for a 186 (employer sponsored PR), 189 (state sponsored visa), 820 (partner visa) until you have held your 494 for at least 3 years.
• If you leave your employer you have 90 days to find a new employer.