If you are an Australian employer looking to sponsor an overseas worker, you might have experienced the overwhelm of information available when it comes to sponsoring someone in Australia. 

As immigration and visa solution specialists, we understand the legislation and regulations for sponsoring employees inside and out. This article aims to break down, in simple terms, the process for sponsoring a worker in Australia. Let’s jump into it:

1. Demonstrate A Shortage of Workers for Your Vacant Role

Firstly, your business must demonstrate the position cannot be filled by a suitable Australian worker. To prove this, depending on the sponsor visa type, Australian employers must conduct labour market testing as well as meet specific salary and employment requirements.

Labour market testing typically involves advertising your vacant position in Australia within four months of lodging your visa application. This advertisement must include specific information including:

• The job title and position description
• The experience and skillset required 
• Name of the approved sponsor or recruitment agency used by sponsor

2. Check Eligibility of the Occupation You Want 

The eligible skilled occupations list was created by the Australian government detailing the skills Australia needs in the labour market. As an employer, ensure you check this list to see if your occupation is listed. The employee being sponsored may be asked to prove their skillset, work experience and qualifications.

If your occupation isn’t on this list, you may be able to access a labour agreement, however you will need specialist immigratino advice to access these agreements. 

There are five labour agreements available:

• Company Specific labour agreements
• Designated Area Migration Agreements (DAMA)
• Global Talent Employer Sponsored (GTES) agreements
• Industry labour agreements
• Project agreements

Once your occupation is approved by one of the above methods, you must pay the employee market salary rate of the role. From here, the occupation nominated will determine the appropriate visa type or stream the employee can apply for. 

3. Finding the Right Visa

Next, as an employer, you must find an employer sponsored subclass that suits both your needs and your new employee’s. The main employer sponsored visa options include:

• Temporary Skill Shortage (subclass 482): this enables Australian businesses to fulfil shortages and gaps within their business with international workers.
• Temporary Skill Shortage (subclass 494): this enables Australian businesses in regional areas to fulfil shortages and gaps within their business with international workers.
• Employer Nominated Scheme (subclass 186): This permanent employer sponsored visa enables foreign employees to apply for Australian permanent residence. 

4. Check your Sponsorship Eligibility 

Check if you and your business are eligible to become a sponsor. See the requirements tabulated below:

Visa Type	Features	Requirements
Temporary  Skill Shortage	Workers can only work for you or an associated entity  Workers must work only in nominated occupation You must lodge a new nomination if you change occupations No age limit Minimum 2 year duration	Worker must have the skills to perform the nominated occupation Worker must have 2 years work experience in the occupation or a related field in the last 5 years
Employer Nomination Scheme	No geographical restrictions The employment will be for at least a period of 2 years after visa grant	Direct Entry stream applicants require a skills assessment (unless exempt) Must have a minimum of 3 years experience in the occupation Relevant registration or licensing must be held if required
Skilled Employer Sponsored Regional Visa	Work must be in a designated regional area The employment will be for at least a period of 5 years after visa grant	Employer Sponsored stream applicants require a skills assessment (unless exempt) Relevant registration or licensing must be held if required

Sourced from Australian Government, 2021. 

5. Apply To Be A Sponsor

To nominate a skilled worker, as an employer you must be an approved sponsor. You may also need to apply to be an accredited sponsor depending on the visa type chosen. The business sponsorship types are broken down below:

	Responsibilities	How Long Sponsorship Lasts
Standard Business Sponsor
Stay: The length of stay will depend on the visa you use. Cost: $420 AUD	Sponsor someone to work for you on a: • Temporary Skill Shortage visa (subclass 482) • Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)	5 years from the date the government approves the accreditation.
Accredited Business Sponsor
Stay: The length of stay will depend on the visa you use. Cost $420 AUD (Standard Business Sponsor fee – there is no additional fee for becoming an accredited sponsor) Processing times: An accredited sponsor receives priority when we process Temporary Skill Shortage visa (subclass 482) (TSS) or Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) (SESR) nominations and visa applications.	When you become an accredited sponsor, you can: • sponsor someone to work for you on a Temporary Skill Shortage visa (subclass 482) • sponsor someone to work for you on a Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) • receive priority when we process the associated Temporary Skill Shortage visa (subclass 482) (TSS) or Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) (SESR) nominations and visa applications.	5 years from the date the government approves the accreditation.
Temporary Activities Sponsor
Stay: The applicant’s stay will depend on the visa they are granted. Cost: $420 AUD Processing times vary.	• When you become an approved temporary activities sponsor, you can sponsor an applicant for a Temporary Activity visa (subclass 408), or sponsor an applicant for a Temporary Work (International Relations) visa (subclass 403) Seasonal Worker • Program stream or Pacific Labour Scheme stream visa, or nominate and sponsor an applicant for a Training visa (subclass 407)	Sponsorship approval lasts 5 years from the date the government grants it. You can apply to renew your sponsorship before your current sponsorship ends.

Sourced from Australian Government, 2021.

6. Nominate the Employee & Occupation

Formally nominate the employee for a position in your business. 

7. Finalise Visa Application

Finally, the nominee needs to complete their visa application. Ensure your nominee meets the eligibility requirements for the visa and send it off for approval. Some nominees may require a skill assessment. At Techvisa we offer skill assessments for nominees. We can work with them to prepare your document and ensure the best outcome from your assessment. 

To discover which pathway might be best for you as an employer or a nominee, contact our expert team to help advise what visa might be right for you.   

FAQ’s

What does nominating a person mean?

According to the Australian Government, ‘nomination is the process of identifying a work position to be filled by an overseas skilled worker in a business’. This means the business must prove this position cannot be filled by a suitable Australian worker. To prove this, depending on the visa type, typically Australian employers must conduct labour market testing as well as meeting salary and employment requirements. 

Who can become a sponsor? Can I sponsor someone to come to Australia?

Any operating registered Australian business can sponsor a person. However, the support provided to the visa holder as a business will depend on your responsibility as an employer and the type of visa chosen. The responsibility employers are held against as a sponsor also differ between visa types.