Employer Sponsored Visa Lawyer Melbourne
SID 482, ENS 186 & Regional Visas
Australia’s employer sponsored program is the largest skilled migration pathway, and for many Melbourne businesses it is the only realistic way to fill a role. In 2024-25 the Subclass 482 Skills in Demand visa granted 68,210 uncapped primary places, while the Employer Nomination Scheme 186 offered 44,000 permanent residence places.
Amity Lawyers acts for Melbourne and Victorian employers across the full sponsorship lifecycle: standard business sponsorship, nomination, labour agreements, and permanent residence for your workforce. You deal with an admitted Australian legal practitioner throughout.
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Why Do Melbourne Employers Turn to Skilled Migration?
Because the roles are genuinely unfillable locally. Victoria received 15,890 primary Subclass 482 and Skills in Demand nominations in 2024-25, which is 23.3 percent of all national grants and second only to New South Wales.
The demand concentrates in three Victorian sectors: healthcare and social assistance, accommodation and food services, and other services including trades. These are not marginal roles. They are the positions where Melbourne hospitals, restaurants, engineering firms and software businesses have advertised, tested the local market, and come up empty.
That pattern matters legally as well as commercially. Labour market testing is not a formality. The Department expects genuine, documented recruitment effort, and a sponsorship built on thin evidence of local shortage is where nominations fail.
Employer Sponsored Visa Pathways
Choosing the Right Program for Your Melbourne Business
Australian employers can sponsor overseas workers through three main visa programs. Each carries different eligibility criteria, sponsorship obligations, and routes to permanent residence.
Skills in Demand (SID) Subclass 482 Visa
The Primary Temporary Skilled Visa
The SID 482 visa, renamed from the Temporary Skill Shortage visa in December 2024, is the most commonly used employer sponsored visa in Australia. It lets a Melbourne business sponsor a skilled overseas worker for a position it cannot fill locally. There are three streams:
- Specialist Skills stream. For high earning roles in any occupation other than trades, machinery operators and drivers, with no occupation list requirement. Eligibility is a salary test: the guaranteed annual earnings must clear the Specialist Skills Income Threshold.
- Core Skills stream. For occupations on the Core Skills Occupation List, which covers 456 occupations ranging from chefs and software engineers to nurses, early childhood teachers, project managers and trades. The worker needs at least one year of relevant experience. This is the stream most Melbourne employers use.
- Essential Skills stream. Intended for lower paid roles in sectors with demonstrated shortages, principally aged care and disability support, and delivered through labour agreements rather than the standard framework.
Employer Nomination Scheme (ENS) Subclass 186 Visa
Permanent Residence for Sponsored Workers
The ENS 186 visa is the main permanent residence pathway for sponsored workers, with 44,000 places available annually and an approval rate above 98 percent. There are three streams:
- Direct Entry. For applicants who have never held a 482 visa, or who hold one but qualify through a skills assessment. Requires a valid nomination from an approved sponsor.
- Temporary Residence Transition (TRT). For 482 holders who have worked for the sponsoring employer for at least three years. The most commonly used stream.
- Labour Agreement. For employers holding a formal agreement with the Department.
Once granted, the worker and their family can live and work in Australia indefinitely, access Medicare, and later apply for Australian citizenship. The typical Melbourne workforce sequence runs: 482 granted for two to four years, three years of employment with the sponsoring employer, 186 TRT nomination, then permanent residence. Citizenship follows once the general residence requirement is met, which is four years of lawful residence in Australia including at least the last 12 months as a permanent resident.
Skilled Employer Sponsored Regional (Provisional) Subclass 494 Visa
The 494 is the regional pathway. For skilled visa purposes, regional Australia means everywhere outside Sydney, Melbourne and Brisbane, so all of Victoria other than metropolitan Melbourne qualifies, including Geelong.
- Five year provisional visa
- Requires employer nomination and a positive skills assessment
- Occupation must appear on the relevant regional occupation list
- Pathway to permanent residence through the Subclass 191 visa after three years
- Regional employer obligations apply
Employers in Geelong, Ballarat, Bendigo, Shepparton, Warrnambool, Mildura, the Surf Coast and other regional Victorian centres can use this pathway.
Labour agreements, DAMAs and other options
Labour Agreements, DAMAs and Other Sponsorship Options in Victoria
Not every workforce fits the standard framework. Where it does not, these alternatives are worth assessing before you abandon a role.
Labour Agreements
For employers in specific industries, including aged care, disability, hospitality and agriculture, who need a customised sponsorship arrangement outside the standard program. Labour agreements are negotiated with the Department and can carry concessions on salary, English and skills.
Designated Area Migration Agreements (DAMA)
Victoria has two DAMAs in effect. The Goulburn Valley DAMA covers Greater Shepparton, Moira Shire and Campaspe Shire. The Great South Coast DAMA covers Glenelg, Moyne, Corangamite, Southern Grampians and Warrnambool. Both offer expanded occupation lists and concessions on age, English and salary requirements that are not available under the standard program. Employers must first be endorsed by the Designated Area Representative before applying to the Department for the labour agreement.
Standard Business Sponsorship Variations
For employers who hold or have applied for standard business sponsorship but need the arrangement adjusted, for example after a restructure, acquisition or change of legal entity.
Temporary Activity 408 Visa:
For certain short term skilled activities where no other visa applies. Narrow in scope and not a substitute for sponsorship.
How It Works
How Does Employer Sponsorship Work, Step by Step?
Employer sponsorship runs in four stages: become an approved sponsor, nominate the position, support the worker’s visa application, then manage ongoing compliance. Each stage is a separate decision by the Department and each can be refused independently.
Step 1: Become a Standard Business Sponsor
Apply to the Department for approval as a standard business sponsor. This must be approved before you can nominate anyone. Approval lasts up to five years and covers your business as a legal entity, which is why corporate structure matters. Related entities, trusts and recent acquisitions all affect who the correct sponsoring entity is.
Step 2: Nominate the Position
Once approved, you nominate the specific position. You must show the position is genuine, that the occupation sits on the relevant list, that the salary meets both the applicable income threshold and the annual market salary rate, and that labour market testing has been carried out where required.
Step 3: The Worker Applies for Their Visa
The sponsored worker lodges their own application for the 482, 186 or 494 and must independently satisfy skills, English, health and character requirements. A strong nomination does not rescue a weak visa application, and the two are assessed separately.
Step 4: Ongoing Compliance and Monitoring
After grant, your sponsorship obligations continue for the life of the visa and beyond. Where a worker transitions to permanent residence through the 186 TRT stream, we handle both the nomination and the employee's visa application.
Sponsorship Obligations
Sponsorship Obligations Every Melbourne Employer Must Meet
Approval as a standard business sponsor is the start of your obligations, not the end of them. Sponsors who fail to comply risk sponsorship bars, cancellation, civil penalties and referral to the Australian Border Force.
Salary
You must pay at or above the applicable income threshold and at or above the annual market salary rate for the occupation and location, whichever is higher. Since December 2024 the Core Skills Income Threshold has applied to the 482 Core Skills stream and to 186 nominations, with a higher Specialist Skills Income Threshold for the Specialist Skills stream. Both are indexed on 1 July each year. The 494 and 187 pathways remain tied to the separate Temporary Skilled Migration Income Threshold, which does not index automatically. Confirm the current figures before you set a salary, because the threshold applied is the one in force when the nomination is lodged.
Skilling Australians Fund Levy
Payable upfront. For a business with annual turnover under AUD 10 million: AUD 1,200 per year of the visa term for a 482, or AUD 3,000 as a one-off for a 186. For a business over AUD 10 million: AUD 1,800 per year for a 482, or AUD 5,000 one-off for a 186.
Labour Market Testing
For most occupations you must show a genuine attempt to recruit locally first, with compliant advertising, correct timeframes and the salary stated.
Record Keeping
Keep records of sponsorship, nomination, worker details and labour market testing for at least five years.
Change of Circumstances
Notify the Department when a sponsored worker changes role or leaves, or when your business structure changes.
Cessation
If a sponsored worker stops working for you, notify the Department within 28 days.
Fixed-fee pricing
How Much Do Employer Sponsorship Legal Fees Cost?
Amity Lawyers charges fixed legal fees for partner visa matters. You know the cost upfront, with no surprise bills.
Standard Business Sponsorship Package
- Sponsorship application preparation and lodgement
- Labour market testing guidance and review
- SAF levy calculation
Single Nomination Package
- Position nomination for a 482 or 186
- Market salary rate assessment
- Genuine position documentation
End-to-End Employer Sponsored Visa Package
- Sponsorship, nomination and visa application for the worker and their family
- 482 to 186 TRT pathway management
- Ongoing compliance advice
Labour Agreement / DAMA Assessment
- Eligibility assessment
- Drafting and negotiation support
Your Employee's Path From Temporary Visa to Australian Permanent Residence
For most sponsored workers the journey does not stop at the 482. The destination is permanent residence through the ENS 186 visa, and for the majority of Melbourne employers that means the Temporary Residence Transition stream.
The typical sequence:
- 482 visa granted. Two to four years, depending on the stream and the occupation.
- Employee works for the sponsoring employer. Three years with you, in the nominated occupation, is the TRT qualifying period.
- Employer nominates for the 186 TRT stream. A fresh nomination, assessed on its own merits, with its own salary and genuine position requirements.
- Employee applies for the 186 visa. Skills, English, health and character are assessed again at this stage.
- 186 granted. The employee becomes a permanent resident, and so does their included family.
The three year qualifying period is where planning matters. A change of role, a restructure, a transfer between related entities, or a gap in employment can reset or break the period, and employers usually discover this at nomination stage rather than at the time it happened. If you intend to keep a sponsored worker long term, the TRT clock should be tracked from the day the 482 is granted, not reviewed in year three.
Current processing indicators
Stage | Median | 90th percentile |
482 nomination | 30 to 60 days | Not published |
186 Direct Entry | 12 months | 19 months |
186 TRT | 13 months | Not published |
Once permanent residence is granted, Australian citizenship becomes available after the general residence requirement is met: four years of lawful residence in Australia including at least the last 12 months as a permanent resident.
In-house HR or a law firm
In-House HR or a Law Firm: What Works for Melbourne Employers?
For a single straightforward nomination, a capable in-house HR team can manage the process. The calculus changes once something goes wrong or the workforce grows, because parts of the work are legal work and can only be done by a lawyer.
A law firm can:
- Advise on the legal structure of your sponsorship, including corporate groups, related entities and acquisitions that affect who the sponsoring entity is
- Act on sponsorship refusals, bars and cancellations, and appear in Administrative Review Tribunal proceedings
- Advise where sponsorship intersects with employment law, including modern awards, enterprise agreements, underpayment exposure and termination rights
- Represent your business in the Federal Court where a decision is legally flawed
- Manage nominations across a whole workforce rather than one file at a time
- Give advice that attracts legal professional privilege
That last point is the one most employers overlook. Advice from a lawyer about a compliance problem is generally privileged. Advice from a non-lawyer provider is generally not, which means it can be compellable if the Department or the Australian Border Force later investigates. If you are assessing historical underpayment or a labour market testing gap, that distinction is the difference between a protected internal review and a discoverable document.
Client Reviews
Real Clients. Real Results.
We measure success by the outcomes we achieve for the people who trust us with their migration journey. Here is what real clients say:
Employer Sponsorship Lawyer for Melbourne and Regional Victoria
Our office sits in the Melbourne CBD legal precinct, a short walk from Southern Cross Station and the Bourke Street tram lines. We act for employers across metropolitan Melbourne, including the CBD, Docklands, Southbank, Cremorne, Box Hill, Dandenong South and the western industrial corridor, and for regional employers in Geelong, Ballarat, Bendigo, Shepparton and Warrnambool.
Our People
The Melbourne Lawyers Acting for Your Business
Every practitioner at Amity Lawyers is an admitted Australian legal practitioner holding a current Victorian practising certificate issued by the Victorian Legal Services Board and Commissioner, with an Australian Legal Practitioner Number you can verify on the public register, and each carries professional indemnity insurance.
You deal with the same lawyer from the first consultation through to the grant. No file handovers, no paralegal drafting your nomination, no case number.
NAVID K.BAGHI
DIRECTOR & PRINCIPAL SOLICITOR
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
NATHALIA BONILLA
LEGAL ASSISTANT
NATHALIA BONILLA
LEGAL ASSISTANT
Download Our Employer Sponsorship Guide
A practical guide for Melbourne employers: the sponsorship and nomination document checklist, labour market testing evidence requirements, the SAF levy calculator, sponsorship obligation deadlines, and realistic processing timelines.
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Read More »Frequently Asked Questions
Employer Sponsored Visa Lawyer Melbourne
How long does employer sponsorship take?
Sponsorship approval usually takes two to four weeks, longer if the Department requests further information. Nomination processing varies by visa: 482 nominations average 30 to 60 days, 186 nominations considerably longer. From sponsorship to visa grant, allow three to six months for a 482 and twelve to twenty-four months for a 186.
Can I sponsor an employee for a 186 visa directly, without a 482 first?
Entry stream. The employee needs a positive skills assessment, three years of relevant work experience, and a valid nomination from an approved sponsor. This route is common for candidates already in Australia on another visa and for offshore candidates with strong qualifications.
What happens if a sponsored employee leaves?
You must notify the Department within 28 days. The employee then has a limited period, currently 180 days, to find a new sponsor, apply for another visa, or depart Australia. Your sponsorship approval remains valid and you can nominate a replacement worker under it.
What is the SAF levy and how is it calculated?
The Skilling Australians Fund levy is payable upfront for the full visa term. For a business with annual turnover under AUD 10 million it is AUD 1,200 per year for a 482 or AUD 3,000 as a one-off for a 186. For a business over AUD 10 million it is AUD 1,800 per year for a 482 or AUD 5,000 one-off for a 186.
Can I sponsor an employee for a part-time role?
Part-time sponsorship is possible but restricted. The position must still be genuine and the salary must meet the applicable income threshold on a pro-rata basis. Labour market testing is generally still required, and some visa conditions differ for part-time arrangements.
Ready to Sponsor Skilled Talent for Your Melbourne Business?
Whether you are sponsoring a first employee or managing an existing sponsored workforce, Amity Lawyers can assess your position, recommend the right pathway, and run the sponsorship lifecycle end to end.
Last updated: July 2026
Employer sponsorship law, occupation lists, and fee schedules change regularly. This page is reviewed and updated quarterly. For the most current advice, speak directly with an Amity Lawyers immigration lawyer.