Employer sponsorship has been booming since mid-2023, and most people who want to know more about employer sponsorship know very little about it. The same questions come up in our consultations over and over, and because it involves an employment relationship, prospective applicants are even more anxious about the various issues it might raise.

So today we have pulled together some of the most common questions and put together a plain-English primer。

Q1.

Can every Subclass 482 holder on a Short-Term Skilled Occupation List (STSOL) occupation transition to permanent residency?

A: Yes.

Q2.

Is there an age requirement for the employer-sponsored visa? Is it really age-unrestricted?

A: There is no age limit when applying for the Subclass 482 visa and it can be renewed multiple times; when transitioning from Subclass 482 to Subclass 186, the applicant must be under 45 at the time of lodging the Subclass 186 TRT (permanent residency) application.

Q3.

Is the English language requirement really only a 5?

A: Occupations on the Medium and Long-Term Strategic Skills List (MLTSSL) require at least 5 in each band; occupations on the Short-Term Skilled Occupation List (STSOL) require at least 4.5 in each band and an overall score of at least 5. When a Subclass 482 holder transitions to the Subclass 186 permanent residency visa, at least 6 in each band is required.

Q4.

Does employer sponsorship require a skills assessment?

A: For applicants of the Subclass 482 visa, most occupations do not require a skills assessment, while some do. For Subclass 186 Direct Entry, a skills assessment is required at the time of lodging the PR application。

Q5.

What is the salary requirement for an employer-sponsored employee?

A: The Subclass 482 visa requires the employee to meet the Temporary Skilled Migration Income Threshold (TSMIT), which is currently an annual salary of no less than AUD 70,000.

Q6.

Can the 2 years of work experience be accumulated through PART TIME or CASUAL work?

A: For the work experience required to apply for the Subclass 482 and Subclass 186 visas, you need to work at least 35 hours per week, and and part-time and casual work experience can be pro-rated accordingly.

Q7.

Work experience from the past how many years counts?

A: The Subclass 482 requires at least 2 years of relevant experience within the past 5 years; the Subclass 186 Direct Entry stream requires at least 3 years of relevant experience within the past 10 years.

Q8.

How do you make an initial assessment of whether an employer qualifies to sponsor?

(1) Confirm the company is legally registered and operating normally.

(2) Confirm the company has a genuine need for the position (for example, an engineering firm sponsoring an engineer is reasonable; a restaurant sponsoring an accountant would not pass the common-sense test).

(3) Assess the company’s trading position and whether it has stable income.

(4) Check whether the company and its directors have any adverse records.

Q9.

What costs does the employer have to bear?

A: The official fees charged by the Department of Home Affairs are adjusted each financial year.

Taking the FY23-24 Subclass 482 visa as an example

– Sponsorship fee: AUD 420

(approved sponsors renew with the Department every 5 years)

– Nomination fee: AUD 330

– SAF Levy (charged based on the employer’s annual turnover):

Businesses with annual turnover under AUD 10 million: AUD 1,200 per year

Businesses with annual turnover over AUD 10 million: AUD 1,800 per year

Q10.

How long does employer-sponsorship processing take?

Processing times are currently fairly quick: Subclass 482: 2—3 months; Subclass 186: about a year.

Q11.

Can you lodge the Subclass 482 and the Subclass 186 Direct Entry at the same time?

A: Yes.

Q12.

While I’m on a Subclass 482, my employer’s business runs into trouble — what happens to my visa?

A: Generally, the Department of Home Affairs allows a 60-day grace period for the visa holder to find a new employer and lodge a new nomination; otherwise the visa is at risk of cancellation. The Department has also announced plans to extend this grace period for finding a new sponsored role.

Q13.

Can I change employers while holding a Subclass 482 visa?

A: Yes. The new employer must lodge a new Subclass 482 nomination, and the applicant cannot work for the new employer until that nomination is approved.

Q14.

If the employer sells or transfers the business during Subclass 482 sponsorship, will that subsequent period of work be recognised when I later transition to the Subclass 186?

A: This situation is relatively complex and depends on the form the business transfer takes. For example:

(1) If the company name, business, address and so on do not change and only the shareholders change, the prior work experience is recognised.

(2) If the business stays the same but the company name and shareholders change, it depends on how the transaction handles the employees. For example, if employees are sold across as part of the company’s assets, prior experience may be recognised; if employees are terminated and then sign new contracts with the current employer, the prior work experience may not be recognised. Each case needs to be assessed on its specific facts.

Overall, employer sponsorship is a lot more complex than points-tested skilled migration pathways such as the Subclass 189/491/190. If you have the work experience, have a job in Australia, or have an employer willing to sponsor you, you are welcome to contact us for an assessment and consultation.

Newstarsec recent employer-sponsorship success stories

Automotive mechanic — Subclass 482

Chef — Subclass 186

Chef — Subclass 482

Cafe / restaurant manager — Subclass 482

ICT support technician — Subclass 482

Carpenter / joiner — Subclass 482

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