We assist with both sides of the employer sponsorship process, including the company’s sponsor approval and nomination and the employee’s visa application.
Where the company already holds valid sponsor approval, we can proceed with the position, recruitment, nomination and visa stages.
1. Review the Business
The employer is assessed first. The business should be lawfully and actively operating and able to meet its employment and sponsorship responsibilities.
The review considers:
- Business activities and trading history
- Current employees and organisational structure
- Financial position
- Need for the proposed role
- Salary capacity
- Sponsorship history
- Workplace compliance
A small or newly established company is not automatically excluded. However, it may need stronger evidence showing that the position is genuine and financially sustainable.
2. Define the Position
The employer must identify the actual position it needs to fill. The duties, qualifications, experience, salary and reporting structure should support the job title.
The selected occupation must fit:
- The employer’s normal business activities
- The employee’s daily responsibilities
- The relevant ANZSCO occupation
- The employment contract
- The worker’s qualifications and experience
The position should not be created only to support a visa application.
3. Advertise the Role
Labour market testing is generally required for relevant Subclass 482 and 494 nominations unless an exemption applies.
This normally involves advertising the position in Australia through at least two advertisements, with applications remaining open for at least four weeks.
The employer should retain:
- Copies of the advertisements
- Advertisement dates and invoices
- Applications received
- Candidate résumés
- Shortlisting records
- Interview notes
- Reasons unsuccessful applicants were not selected
- Final selection decision
The recruitment records should show that the selected worker’s qualifications, skills and experience match the advertised position.
4. Obtain Sponsor Approval
The required approval depends on the visa pathway:
- Subclass 482 and 494: The employer usually needs approval as a Standard Business Sponsor.
- Subclass 407: The organisation must become a Temporary Activities Sponsor.
- Subclass 186: Separate Standard Business Sponsorship is generally not required. The employer usually proceeds through the nomination stage.
Where the company already holds the correct sponsor approval, we can review its status and proceed with the nomination and employee visa process.
5. Lodge the Nomination
The nomination is the employer’s application for approval of the position. It is separate from the employee’s visa application.
The nomination may include evidence covering:
- Genuine business need
- Correct occupation and position duties
- Recruitment evidence
- Market salary and employment contract
- Business and financial evidence
- Workplace location
- Training requirements for Subclass 407
- Regional or WA DAMA requirements
The employee’s visa cannot be granted without the required nomination approval.
6. Lodge the Visa
The employee must separately meet the requirements of the selected visa.
Depending on the pathway, the application may require:
- Relevant qualifications
- Required work experience
- English ability
- Skills assessment
- Age evidence
- Registration or licensing
- Health and character documents
- Employment references
- Accurate visa history
Sponsorship, nomination and visa applications may sometimes be prepared or lodged close together. However, each application is assessed separately, and the visa remains dependent on the required employer and nomination approvals.
