Published on 7 January 2025

 



Buenaventura-Law-Guide-to-Employer-Sponsored-Visas-Understanding-Eligibility


Overview


An employer-sponsored visa provides an opportunity for skilled workers to remain in Australia through employer support. However, many prospective applicants are uncertain about their eligibility. This guide clarifies the essential requirements and steps involved in securing an employer-sponsored visa.


Key Considerations for Eligibility


    

  1.  Age Requirements
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Most employer-sponsored visas have age restrictions. The general age requirements are:


    

  • Skills in Demand (SID) Visa (Subclass 482): No age limit applies.
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  • Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494): Applicants must be under 45 years of age at the time of application.
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  • Employer Nomination Scheme (Subclass 186): Generally, applicants must be under 45 years of age, with some exemptions for high-income earners and certain occupations.
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Meeting the age criteria is essential as exceeding the age limit may require applicants to explore alternative visa pathways or seek exemptions where applicable.


    

  1.  Identifying Your Occupation
    2. 



The first step in determining eligibility is confirming whether your occupation is listed as an approved occupation under the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This classification outlines skill requirements, tasks, and qualifications associated with various roles. Ensuring your job responsibilities align with an eligible occupation is crucial for a successful application.


    

  1.  Meeting Skill and Qualification Requirements
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Beyond occupation eligibility, applicants must meet specific qualifications and experience thresholds. These criteria vary by occupation:


    

  • Some roles require formal education, such as a diploma or degree.
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  • Others accept work experience as a substitute for formal qualifications.
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  • A positive skills assessment may be required to confirm competency in the chosen field.
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  1.  Work Experience Requirements
    2. 



Most employer-sponsored visas stipulate a minimum amount of relevant work experience:


    

  • Skills in Demand (SID) Visa (Subclass 482): Requires at least one year of work experience in a relevant occupation.
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  • Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) & Employer Nomination Scheme (Subclass 186): Generally require at least three years of work experience.
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  • Work experience requirements may differ under Labour Agreement pathways.
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  1.  English Language Proficiency
    2. 



Proficiency in English is a fundamental requirement. Visa applicants must meet the minimum English language standards specified for their visa category. Taking an English language test in advance ensures that the application process runs smoothly without unnecessary delays.


Employer Responsibilities in the Sponsorship Process


    

  1.  Job Nomination
    2. 



Employers must nominate the visa applicant for a position relevant to an eligible occupation under ANZSCO. The position must be genuine and align with the applicant’s experience and qualifications.


    

  1.  Labour Market Testing (LMT)
    2. 



In most cases, employers must conduct Labour Market Testing (LMT) to demonstrate that no suitably qualified Australian citizen or permanent resident is available for the role. This typically involves advertising the position for a minimum of 28 days and providing evidence of recruitment efforts.


Failure to meet LMT requirements may result in nomination refusal, which directly impacts the visa outcome.


    

  1.  Additional Employer-Sponsored Visa Options
    2. 



Beyond the standard employer-sponsored visa pathways, applicants may also consider the following specialized visa options:


    

  • Labour Agreement Stream: This visa is available to individuals sponsored under a labour agreement between an employer and the Australian Government. It provides flexibility in occupations and criteria that may not be covered under standard visa streams.
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  • Global Talent Employer Sponsored (GTES) Visa: Designed for highly skilled professionals in emerging or innovative industries, this visa allows employers to sponsor talent who do not meet standard visa requirements but possess skills in high-demand sectors.
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The Importance of Planning


Given the complexity of employer-sponsored visas, applicants should be aware of all available options, including the Labour Agreement Stream and the GTES Visa. These pathways provide additional opportunities for individuals whose skills may not align with the standard visa categories. Many applicants hope to apply for a sponsored visa on short notice. However, due to procedural requirements—such as Labour Market Testing and employer nomination—this process cannot be completed overnight. Planning in advance ensures applicants and employers have sufficient time to meet all necessary requirements.


Understanding eligibility criteria, securing the necessary documentation, and ensuring employer compliance with sponsorship obligations significantly enhance the likelihood of visa approval.


For individuals considering an employer-sponsored visa, careful preparation is essential to achieving a successful application outcome.


Please note that visa regulations and policies can change, so it’s important to stay up to date with official government sources for the most accurate and current information.


To discuss your visa options further, please call us on +61 8 6557 6779.