Finding the right talent can be challenging, especially when local recruitment efforts aren’t enough. For many Australian employers, engaging an overseas worker becomes a practical solution to fill genuine skill gaps. Whether you need temporary support or are looking to bring in a long-term employee, Australia’s migration framework offers several visa pathways with different work rights and obligations.
This guide outlines the main options available to you as an employer and explains the key steps involved when sponsoring or hiring a visa holder.
When You Can Consider Hiring an Overseas Worker
If your business cannot secure an Australian citizen for a position, you may be able to employ a skilled worker from overseas. Depending on your needs, they may hold:
- A temporary visa with work rights.
- A visa offering a pathway to permanent residence.
- A permanent skilled visa.
Please note that some visa types require employers to become approved sponsors, while others allow the visa holder to work without sponsorship.
Checking Eligibility and Occupation Requirements
Before nominating a worker, confirm that the position aligns with Australia’s Skilled Occupation Lists, which identify roles considered in shortage. If the occupation is not listed, employers may explore a labour agreement, a negotiated arrangement that allows access to additional or specialised roles. It can be a technical process, but SALIA Lawyers & Associates is here to support you every step of the way. We can help you:
- Apply to become an approved sponsor.
- Nominate the position you wish to fill.
- Nominate the individual you intend to employ.
- Submit a visa application on behalf of your nominee.
Hiring Visa Holders Already in Australia
If the person you want to employ already holds an Australian visa, always check their work rights first. You can verify conditions, such as permitted hours or employer restrictions, using Visa Entitlement Verification Online (VEVO).
All visa holders, regardless of their status, are protected by Australian workplace laws.
Visa Options for Employers
Australia offers a mix of temporary and permanent pathways. The most commonly used categories include:
Employer-Sponsored Visas
These visas allow employers like you to bring skilled workers into roles where there is a demonstrated labour shortage.
- Employer Nomination Scheme (subclass 186) – Provides a pathway to immediate permanent residence for eligible workers.
- Skills in Demand Visa (subclass 482) – Designed to help businesses fill urgent labour needs for two to five years, depending on the stream.
- Subclass 407 Training visa – Allows individuals to participate in a structured, workplace-based training programme.
Temporary Graduate Visa Holders
Temporary Graduate visa holders are an attractive option because:
- They have completed Australian qualifications.
- Their skills often align with national workforce needs.
- They can work full-time with no sponsorship required.
- They can remain in Australia for 18 months to 3 years, depending on their qualification.
- Some may later qualify for skilled migration or employer sponsorship.
Skilled Visas Without Sponsorship
Some migrants can work in Australia without needing an employer to sponsor them. Common examples include:
- Subclass 189 Skilled Independent visa
- Subclass 190 Skilled Nominated visa (state/territory nomination)
- Partner and Prospective Marriage visas
- Other visa types, such as student or working holiday visas, may offer limited work rights, often with conditions on hours or duration of employment.
Labour Agreements for Specialised Needs
When the standard visa programmes do not accommodate a position, either because it isn’t on the occupation list or unique skill sets are required, employers can explore labour agreements.
Labour agreements:
- Are negotiated with the Department of Home Affairs
- Can be company-specific or apply to an entire industry
- Typically last five years
- Allow visas to be granted under SID (482), ENS (186), or SESR (494) labour agreement streams
Industries such as aged care, horticulture, dairy, meat processing, and advertising currently operate labour agreements.
Labour Market Testing (LMT)
For certain employer-sponsored visas, you must demonstrate genuine attempts to recruit locally before turning to overseas workers. This usually involves:
- Advertising the role in Australia
- Posting at least two ads
- Ensuring the total advertising period covers a minimum of four weeks
Some exemptions may apply depending on international trade obligations or specific circumstances. Read our article about LMT to know more.
Types of Sponsorship Available
To sponsor an overseas worker or take over an existing sponsorship, a business must become either:
- An approved standard business sponsor.
- An accredited sponsor (for faster processing and additional benefits).
- A temporary activities sponsor (for specific short-term programs).
Each sponsorship category has its own eligibility criteria and advantages. Reach out to us if you’re exploring your options or considering sponsorship.
Need Guidance on Sponsorship or Visa Options?
Hiring an overseas worker can be an effective way to address ongoing skills shortages and support your business growth. However, choosing the right visa pathway and meeting your obligations as an employer is essential to ensuring a smooth, compliant process.
At SALIA Lawyers & Associates, we help employers navigate Australia’s sponsorship and nomination processes with clarity and confidence. If you’re considering hiring an overseas worker, we can guide you through your best options and help strengthen your application. Let’s discuss what your business needs.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
