Eligibility Requirements
How to Apply
Eligbility Requirements

Who is Eligible for an Employer Sponsored Visa?

Eligibility depends on the specific visa subclass and stream. Generally, you must:

  • Have a sponsoring employer who is, or is willing to become, an approved sponsor
  • Be nominated for a position that appears on the relevant skilled occupation list
  • Hold the skills, qualifications, and experience required for the nominated occupation
  • Meet Australia's health and character requirements
  • Satisfy English language requirements, unless an exemption applies

Your employer must also meet their obligations as a sponsor, including paying market salary rates and not engaging in practices that disadvantage sponsored workers.

How to Apply?

Employer sponsored visa applications involve steps for both the employer and the applicant.

Step 1 — Confirm your eligibility and identify the correct visa subclass and stream.

Step 2 — Your employer applies to become an approved sponsor (if not already).

Step 3 — Your employer lodges a nomination application for the relevant position.

Step 4 — You lodge your visa application and pay the applicable fee.

Step 5 — Complete health checks and provide police clearances as required.

Step 6 — Respond to any requests for further information from the Department.

Step 7 — Receive a decision on your visa application.

Eligibility Requirements

Who is Eligible for the Subclass 300 Prospective Marriage Visa?

To be eligible to apply, you must generally meet all of the following:

  • Offshore at time of application — you must be outside Australia when you apply
  • Genuine relationship — you must be engaged to, or genuinely intending to marry, an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa is available to both opposite-sex and same-sex couples, reflecting Australia’s recognition of diverse relationships
  • Met in person — you must have met your prospective spouse in person at least once prior to applying
  • Intention to marry — you must genuinely intend to marry your partner within the visa period granted
  • Intention to live together — you and your prospective spouse must intend to live together as a married couple
  • Age requirement — you must be aged 18 or over (limited exemptions may apply in exceptional circumstances)
  • Health and character requirements — you must meet Australia's health and character standards

If you are in an arranged marriage and have not yet met your prospective spouse in person, you will not meet the requirements. Australia recognises cultural differences but maintains the in-person meeting requirement without exception.

How to Apply?

Employer sponsored visa applications involve steps for both the employer and the applicant.

Step 1 — Confirm your eligibility and identify the correct visa subclass and stream.

Step 2 — Your employer applies to become an approved sponsor (if not already).

Step 3 — Your employer lodges a nomination application for the relevant position.

Step 4 — You lodge your visa application and pay the applicable fee.

Step 5 — Complete health checks and provide police clearances as required.

Step 6 — Respond to any requests for further information from the Department.

Step 7 — Receive a decision on your visa application.

Employer Sponsored Visa Categories
The Visa Pathway

Skills in Demand Visa (Subclass 482)

The Subclass 482, now known as the Skills in Demand visa, replaced the former Temporary Skill Shortage visa on 7 December 2024. It allows employers to sponsor overseas workers to address skill shortages where suitable local candidates are unavailable. The visa is available across three streams:

  • Specialist Skills stream — for high-earning professionals in managerial, professional, clerical, sales, and service occupations earning at or above the Specialist Skills Income Threshold, which is indexed annually. No occupation list applies; eligibility is determined by salary. Valid for up to four years, with a pathway to permanent residency.
  • Core Skills stream — for workers nominated in an occupation listed on the Core Skills Occupation List (CSOL), which replaced the former STSOL and MLTSSL under the December 2024 reforms. Applicants must earn at or above the Core Skills Income Threshold, which is indexed annually. Valid for up to four years, with a pathway to permanent residency.
  • Labour Agreement stream — for workers sponsored by an employer that has entered into a formal labour agreement with the Australian Government. Conditions are governed by the terms of the relevant agreement.

Employer Nomination Scheme Visa (Subclass 186)

The Subclass 186 is a permanent visa for workers nominated by their employer. It is available in three streams:

  • Temporary Residence Transition stream — for Subclass 482 holders who have completed at least two years of full-time sponsored employment in the nominated occupation within the three years prior to application
  • Direct Entry stream — for workers, both onshore and offshore, whose occupation appears on the Core Skills Occupation List (CSOL) and who hold the required skills assessment and work experience, without needing to have first held a Subclass 482 visa
  • Labour Agreement stream — for workers sponsored under a formal labour agreement between their employer and the Australian Government

Subclass 482 → Subclass 186 (Temporary Residence Transition) → Permanent Residency

For many skilled workers, the Subclass 482 is a stepping stone toward permanent residency through the Subclass 186. After working for your sponsor for the required period, you may become eligible to apply for permanent residence under the Temporary Residence Transition stream, provided your occupation remains eligible.

Alternatively, some applicants are eligible to apply directly for the Subclass 186 without first holding a Subclass 482, where they can demonstrate the required skills and experience under the Direct Entry stream.

Processing Times

Processing times vary depending on the visa subclass, stream, and completeness of the application. Labour Market Testing requirements and skills assessments can add time to the process. Applications supported by complete, well-organised documentation are generally assessed more efficiently.

How to Apply?

Employer sponsored visa applications involve steps for both the employer and the applicant.

Step 1 — Confirm your eligibility and identify the correct visa subclass and stream.

Step 2 — Your employer applies to become an approved sponsor (if not already).

Step 3 — Your employer lodges a nomination application for the relevant position.

Step 4 — You lodge your visa application and pay the applicable fee.

Step 5 — Complete health checks and provide police clearances as required.

Step 6 — Respond to any requests for further information from the Department.

Step 7 — Receive a decision on your visa application.

Things to consider

Application Fees

Employer sponsored visa applications involve separate fees for the nomination and the visa application. The Subclass 482 visa application fee for a primary applicant varies depending on the stream. Additional charges apply for secondary applicants. Fees are set by the Department of Home Affairs and are subject to change.

Skills Assessment

Depending on your occupation and stream, you may be required to obtain a positive skills assessment from the relevant assessing authority before lodging your visa application. This can add time and cost to the process.

Labour Market Testing

In most cases, your employer must demonstrate  compliance with Labour Market Testing requirements before sponsoring an overseas worker This requirement applies to nominations under the Subclass 482 and certain Subclass 186 streams, with limited exceptions.

Obligations of Sponsors

Approved sponsors have ongoing obligations to their sponsored workers, including salary requirements, record-keeping, and reporting. Failure to meet these obligations can result in sanctions. Both employers and employees should understand these obligations before entering a sponsorship arrangement.

How We Can Help With Your Application

Employer sponsored visa applications involve multiple parties, multiple application stages, and a range of compliance requirements that apply to both employers and applicants. Errors at any stage can result in delays or refusal.

At Australian Citizenship, we advise both employers and applicants throughout the sponsorship process. We assess eligibility, advise on occupation lists and skills assessment requirements, manage the nomination and visa application process, and ensure all Labour Market Testing requirements are met. Where complications arise, such as occupation eligibility issues or complex employment history, we address them before lodgement.

Our aim is to make the process clear and manageable for everyone involved.

We invite you to schedule a consultation with our team to discuss your situation.

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