Sponsored Skilled Visa Australia – A Complete Employer-Sponsored Guide (482 • 186 • 191)

Introduction

The sponsored skilled visa program enables Australian businesses to fill genuine skills gaps by sponsoring qualified overseas workers into roles that cannot be filled locally. In practice it is a sophisticated, multi-stage legal process. Employers must be approved to sponsor, test the local labour market, nominate a well-defined position, and then support the worker’s visa application. The employee, in turn, must satisfy skills, English, health and character requirements. Each stage has strict evidentiary rules and hard-edged compliance expectations.

My role as a lawyer is to reduce risk at each step: aligning the role to the correct ANZSCO code, ensuring labour market testing (LMT) is compliant, verifying salaries exceed the Temporary Skilled Migration Income Threshold (TSMIT), and preparing nomination bundles that are internally consistent and legally persuasive. This guide is a formal, plain-English roadmap written for employers, HR teams, small business owners, and sponsored employees who need rigorous guidance with a focus on lawful, practical outcomes.

Who this guide is for

• Employers & HR: seeking clear steps, costings, lead times and compliance rules before hiring internationally.
• Small business owners: needing a workable plan to sponsor a key worker without falling foul of LMT or salary rules.
• Skilled employees: wanting to understand nomination criteria, switching employers, and PR pathways from 482 to 186/191.

Important: This is general information. Immigration policy evolves, and your facts matter. If timing is critical or you are responding to a deadline, obtain tailored legal advice before you lodge.

Sponsored skilled visa framework (at a glance)

“Sponsored skilled visa” is a practical umbrella for three primary pathways:

• Temporary Skill Shortage (TSS) – Subclass 482: the main temporary work visa for employers addressing immediate shortages.
• Employer Nomination Scheme (ENS) – Subclass 186: permanent residence for eligible workers through Direct Entry or Temporary Residence Transition.
• Permanent Residence (Skilled Regional) – Subclass 191: a PR outcome for migrants who meet income and residence thresholds in designated regional areas, typically transitioning from a provisional regional visa.

These pathways operate under the Migration Act 1958 and Migration Regulations 1994, supported by policy and program settings explained in documents like the Government’s current Migration Strategy and the Department’s advice to employers (see Compare sponsored skilled visa options).

482 vs 186 vs 191 – comparison table

*Processing varies. See the Department’s processing times overview.

Sponsorship & nomination – end-to-end steps

1. Business readiness. Confirm genuine operations, financial capacity, compliance with workplace law, and the business case for sponsorship.
2. Sponsorship approval. Apply as a Standard Business Sponsor (SBS). Larger, compliant employers may pursue Accredited Sponsor status for faster processing.
3. Role definition. Draft a robust position description and align it with the correct ANZSCO code. Inconsistency here is a common refusal driver.
4. Labour Market Testing (LMT). Advertise correctly (see next section). Poor adverts derail sound applications.
5. Nomination. Lodge the nomination with salary evidence (above TSMIT and at market rate), contract terms equivalent to Australians, paid Skilling Australians Fund (SAF) levy, and LMT evidence.
6. Visa application. The employee lodges the visa, evidencing skills, English, health, and character. Where required, provide skills assessments and licensing.
7. Post-grant compliance. Maintain sponsor obligations, notify changes within timeframes, and diarise renewals and PR pathways.

My practice tip: Keep a running “decision-ready” index. Every claim in the nomination or visa form should be supported by a precise document in the bundle. Decision makers reward clarity.

Labour Market Testing (LMT) – advertising rules

In most cases, employers must test the Australian labour market before nominating an overseas worker. While policy evolves, the following elements are typical for compliant LMT:

• Advertise the role on at least three national platforms for a minimum of 28 consecutive days.
• Include job title, required skills/experience, salary range (unless a lawful confidentiality exception applies), employer or recruiter name, and location.
• Ensure ads are placed within four months prior to nomination lodgement.

Exemptions may apply under international trade obligations or for certain intra-corporate transfers. The Department also provides practical tips under its “Check Twice, Submit Once” initiative for skilled visas

For deeper LMT guidance (samples and pitfalls), see our companion article: Guide to advertising when sponsoring a foreign worker.

Costs & levies – employer budget guide

Budgeting removes surprises. Government charges vary by subclass, duration and business size. Below is a general guide as at 2025 (subject to change):

No cost recovery: The employer must not recoup the SAF levy or migration agent/legal fees from the sponsored employee. Breaches attract penalties and sponsorship sanctions.

Processing times & what affects them

Timeframes depend on stream, occupation, caseload and whether the file is decision-ready. Indicative guides:

• 482 TSS: ~3–6 months for complete nominations and visas.
• 186 ENS: ~6–12 months (Direct Entry often longer than TR Transition).
• 191 PR (Skilled Regional): ~8–14 months after eligibility is met.

Factors that slow cases: weak LMT evidence, mismatched ANZSCO duties, under-documented market salary, late police/health checks, and sponsor compliance history. Accredited sponsors can experience materially faster decisions.

Sponsor obligations & compliance

What the law expects from approved sponsors:

• Provide equivalent terms and conditions to Australians performing the same work.
• Pay at or above TSMIT and align with market salary rates; review annually.
• Notify Home Affairs of relevant changes within required timeframes (e.g., cessation of employment, business sale, address change, substantial duty change).
• Keep records (contracts, payroll, LMT evidence, duty statements, hours, leave).
• Repatriation costs: meet obligations if requested when employment ends.
• Cooperate with monitoring and do not engage in prohibited cost-recovery practices.

Compliance log template: start date; ANZSCO code & PD; salary review date; LMT pack references; visa/grant numbers; notification diary. A simple log prevents accidental breaches.

Permanent residence pathways

482 → 186 (Temporary Residence Transition)

Many sponsored workers transition to PR after a qualifying period with the same sponsor in the nominated occupation, subject to English, skills, and salary conditions. Policy concessions have shifted over time; careful timing preserves eligibility.

482 → 191 (Regional)

Where the work is in a designated regional area and the migrant meets income and residence tests on a provisional regional visa, Subclass 191 provides PR without employer nomination at the final stage.

186 Direct Entry

For highly skilled candidates who meet experience and, where relevant, skills assessment requirements now, the employer can nominate straight to PR via the 186 Direct Entry stream. This helps with retention and planning for leadership roles.

Common mistakes & how we prevent them

• Mis-coding the occupation. If duties don’t align with the nominated ANZSCO, refusal risk spikes. We rewrite PDs to match lawfully.
• Weak or non-compliant adverts. Missing salary bands, wrong duration, or generic duties. We use a compliant LMT pack with screenshots and receipts.
• Under-payment or clawbacks. Attempting to recover the SAF levy from the worker invites sanctions. We audit offers before lodgement.
• Late notifications. Sponsors must notify key changes within strict windows. Our diary system prevents slippage.
• Decision-ready gaps. Missing police/health, untranslated documents, or inconsistent dates slow processing. We pre-clear evidence before you click “submit.”

Case studies (anonymised)

Case 1 – Café chef, inner Sydney (482 → stability)

A small café could not secure a qualified chef locally. We prepared compliant adverts, aligned the PD to the correct ANZSCO, and priced salary above TSMIT. Nomination and visa were approved inside five months. The café now trains juniors under the sponsored head chef.

Case 2 – Regional engineering firm (482 → 186 TR Transition)

A civil contractor in regional NSW sponsored a structural engineer. We maintained a compliance log and guided salary reviews annually. The worker transitioned to PR under 186 after the qualifying period; the business retained a leader for a major infrastructure pipeline.

Case 3 – Software developer (direct PR via 186)

A scale-up needed a specialist developer. Evidence showed the candidate satisfied skills and English immediately; we proceeded with 186 Direct Entry. While slower than 482 in the short term, the offer of PR secured the candidate in a contested market.

Frequently asked questions

What is a “sponsored skilled visa” in Australia?

It’s a visa arrangement where an Australian business sponsors a qualified overseas worker to fill a specific role. The main subclasses are 482 TSS (temporary), 186 ENS (permanent) and 191 PR (regional transition).

How do we become an approved sponsor?

Apply as a Standard Business Sponsor (SBS) with evidence of lawful operations, financial capacity, and compliance history. Established compliant employers may seek Accredited status for faster processing.

Do we always need Labour Market Testing?

Usually yes. Advertise properly on national platforms for the required duration and include salary range, duties, and business identity. Limited exemptions exist under trade obligations and certain transfers.

What salary must we pay?

At least the TSMIT (policy floor) and the market salary paid to Australians in comparable roles. Under-payment risks refusal and sanctions.

Can we recover the SAF levy or legal fees from the worker?

No. Prohibited cost-recovery exposes the sponsor to penalties, cancellation and future bans.

How long does it take?

Decision-ready 482 cases can finalise in ~3–6 months; 186 in ~6–12 months; 191 in ~8–14 months. Complexity, occupation and sponsor status affect timing.

Can the worker change employers?

Yes, but the new employer must lodge a fresh nomination before the worker commences to remain compliant.

What are the PR pathways?

482 holders often progress to 186 via Temporary Residence Transition or to 191 via regional routes if they meet income and location criteria. Some qualify for 186 Direct Entry from the outset.

What if the employment ends early?

The sponsor must notify Home Affairs promptly and may need to cover return travel if requested. The visa holder should seek new sponsorship or consider alternative visas within permitted timeframes.

Why engage a migration lawyer?

Precision prevents refusals. A lawyer aligns PDs to ANZSCO, ensures LMT compliance, audits salary, prepares decision-ready bundles, and manages correspondence—saving time and reducing risk.

Related guides (internal links)

• Guide to advertising when sponsoring a foreign worker (LMT)
• Visa refusal – Federal Court appeals
• Partner visa – Evidence & genuineness
• Student visa – GTE & compliance

Book a consultation

When sponsorship intersects with strict regulation, details decide outcomes. If you want a disciplined plan for a Sponsored Skilled Visa—from LMT and sponsorship approval to nomination, visa lodgement and PR strategy—I would be pleased to assist.

Book a consultation today to protect your immigration future and receive professional guidance from an experienced lawyer.

Legal Disclaimer
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa®️ Immigration Lawyers

This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.

MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice