Employer Sponsorship Visas in Australia: A Guide for Businesses and Workers
The Temporary Skill Shortage (TSS) visa (subclass 482) and the Employer Nomination Scheme (ENS) visa (subclass 186) are the two main employer-sponsored visa pathways in Australia. Understanding how each works — and the obligations they create — is essential for both employers and prospective employees.
Becoming an approved sponsor
Before nominating an overseas worker, an employer must be approved as a standard business sponsor. The approval process involves demonstrating that the business is lawfully operating in Australia and has a satisfactory training record. Approval is typically valid for five years.
The TSS visa (subclass 482)
The TSS visa allows employers to address short-term and medium-term skill shortages. The short-term stream allows stays of up to two years (four years for some countries); the medium-term stream allows stays of up to four years and can lead to permanent residency. The nominated occupation must be on the relevant skills list.
The ENS visa (subclass 186)
The ENS visa is a permanent visa. The direct entry stream is for workers who have not previously worked for the sponsoring employer; the temporary residence transition stream is for TSS visa holders who have worked for their sponsor for at least three years.
Salary and market rate obligations
Sponsors must pay sponsored workers at least the market salary rate for the nominated occupation. This is assessed against the Annual Market Salary Rate (AMSR). Underpaying a sponsored worker is a serious breach of sponsorship obligations and can result in significant penalties.
Worker rights and obligations
Sponsored workers must work in the nominated occupation for the sponsoring employer. Changing employers or occupations without a new nomination can put the visa at risk. Workers also have rights — including the right to be paid correctly and to work in safe conditions — regardless of their visa status.
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