Introduction
Employers in Australia face a growing need to attract global talent in specialised roles where local labour supply is limited. Employer Sponsored Visas provide a legal and structured mechanism for Australian businesses to bring skilled overseas workers on board — but the pathway is complex and heavily regulated. A clear understanding of sponsorship requirements, obligations, and compliance is essential for success.
What Are Employer Sponsored Visas?
Employer Sponsored Visas allow Australian businesses to nominate overseas workers to fill skilled positions. The most common pathways include:
- Temporary Skill Shortage (Subclass 482)
- Employer Nomination Scheme (Subclass 186)
- Skilled Employer Sponsored Regional (Subclass 494)
Each visa has distinct eligibility criteria, labour market requirements, and compliance obligations tailored to the employer’s business needs.
Sponsorship Obligations — What Employers Must Know
Once approved as a sponsor, Australian businesses must meet ongoing legal responsibilities, including:
- Record keeping — maintain employment contracts, payroll, job descriptions, and evidence of compliance for at least five-seven years.
- Notification requirements — report significant changes such as employment termination, role changes, or business structure updates to the Department of Home Affairs within 28 days.
- Paying correct wages and superannuation — employers must pay at or above the market salary and meet industry standards.
Non-compliance with these obligations can trigger penalties, including sponsorship cancellation and financial sanctions.
Labour Market Testing — A Mandatory Step
Before nominating overseas workers for some visas, employers must demonstrate that they made genuine efforts to hire Australian workers first. This process — known as Labour Market Testing (LMT) — involves advertising the position appropriately and providing evidence of recruitment efforts.
Sponsor Monitoring & Compliance
The Australian Border Force and Sponsor Monitoring Unit routinely check employer compliance through various methods — including site visits, information requests, and record inspections.
Preparing for compliance audits isn’t optional — it’s essential. We conduct internal reviews and help you stay proactive, reducing the risk of penalties and disruptions to your sponsorship rights.
Conclusion
Employer Sponsored Visas are powerful tools for business growth, but they come with serious legal responsibilities. As corporate migration experts, Atlas Lawyers Migration provides end-to-end support — from sponsor registration and LMT guidance to compliance audits and risk management.
Contact us today to secure a compliant and strategic staffing future.