If your business needs skilled staff and you cannot find a suitable Australian citizen or permanent resident for the role, Australian immigration law allows you to sponsor a skilled worker from overseas.
At SALIA Lawyers & Associates, we guide employers through this process from start to finish. You do not need to understand immigration law or manage technical requirements yourself. Our role is to translate government rules into clear, practical steps and handle the legal work on your behalf.
Below, we explain the exact steps set out by the Department of Home Affairs, in plain language, so you understand what is involved and how we support you at each stage.
Step 1: Confirm That Sponsorship Is the Right Option
The Australian Government requires employers to first consider whether the role can be filled locally. Sponsorship is designed for situations where:
- The role is genuinely needed in your business, and
- You cannot find a suitably skilled Australian worker for the position.
How we can help:
We assess your business needs, the role you want to fill, and whether employer sponsorship is appropriate. If sponsorship is not suitable, we explain alternative options clearly and early.
Step 2: Check That the Occupation Is Eligible
Not every role can be sponsored. The job must match an occupation that the Australian Government has approved for skilled migration under the relevant visa program.
Each visa has its own occupation list and requirements. Choosing the wrong occupation can lead to refusal.
How we can help:
We identify the correct occupation for your role, confirm it is eligible, and ensure the duties align with government expectations. This avoids common errors that cause delays or refusals.
Step 3: Labour Market Testing (Where Required)
In most cases, employers must show they have tried to recruit an Australian worker first. This usually involves advertising the role in Australia and keeping records of the recruitment process.
There are specific rules about:
- Where the job must be advertised.
- How long it must be advertised.
- What information must be included.
How we can help:
We advise whether labour market testing is required, guide you on compliant advertising, and review the evidence before it is submitted. You focus on running your business. We ensure the evidence meets immigration requirements.
Step 4: Become an Approved Sponsor
Before you can sponsor a worker, your business must be approved by the Department of Home Affairs as a sponsor.
For most employers, this means applying to become a Standard Business Sponsor. This confirms that:
- Your business is lawfully operating in Australia.
- You are suitable to sponsor overseas workers.
- You agree to meet sponsorship obligations.
How we can help:
We prepare and lodge the sponsorship application for you, ensuring the correct business documents are provided and your application is decision‑ready.
Step 5: Nominate the Position
Once sponsorship approval is in place, the next step is to nominate the specific position you want to fill.
This involves demonstrating that:
- The role is genuine and needed in your business.
- The duties match the approved occupation.
- The salary and conditions meet Australian standards.
- Any required labour market testing has been completed.
How we can help:
We draft and lodge the nomination, structure the role correctly, and ensure salary and employment conditions comply with immigration rules. This is a highly technical stage, and we manage it entirely for you.
Step 6: Nominate the Skilled Worker
After the position is nominated, the overseas worker is linked to that role. The worker must meet visa requirements such as skills, experience, and other eligibility criteria, depending on the visa type.
How we can help:
We assess the worker’s eligibility, identify any risks, and coordinate the nomination and visa application process to ensure consistency and accuracy.
Step 7: The Worker Applies for the Visa
Once the nomination is lodged or approved (depending on the visa), the worker submits their visa application to the Department of Home Affairs.
- This includes meeting requirements such as:
- Skills and experience.
- English language ability (if required).
- Health and character checks.
How we can help:
We manage the visa application, prepare supporting documents, respond to department’s requests, and keep you informed of progress without burdening you with technical details.
Step 8: Ongoing Employer Obligations
Sponsoring a worker comes with ongoing responsibilities. Employers must:
- Ensure the worker is employed in the approved role.
- Meet Australian workplace laws.
- Notify the Department if circumstances change.
Non‑compliance can lead to penalties or loss of sponsorship rights.
How we can help:
We explain your obligations in clear terms and provide practical guidance so you remain compliant throughout the sponsorship period.
Important Notes for Employers
Employer sponsorship is a structured legal process, but it does not need to be complicated for you. When you work with us, we will:
- Assess eligibility upfront.
- Handle sponsorship, nomination, and visa applications.
- Reduce risk by ensuring compliance at every stage.
- Act as your ongoing immigration partner.
If your business is considering sponsoring a skilled worker, contact SALIA Lawyers & Associates Pty Ltd for tailored, employer‑focused immigration advice.
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.
