Immigration Lawyers › Work Visas & Employer Sponsorship
Work Visa & Sponsorship Lawyers — TSS, ENS & Employer Obligations.
Employer-sponsored work visas — including the Temporary Skill Shortage (subclass 482) and Employer Nomination Scheme (subclass 186) — provide pathways for skilled workers to live and work in Australia. But sponsorship comes with strict obligations for employers and conditions for visa holders. A lawyer advises both employers and sponsored workers on their rights and obligations at every stage.
⚠ A sponsored worker whose employment ends has 60 days to find a new sponsor, apply for a different visa, or leave Australia — whichever comes first. If your sponsorship is at risk, get advice immediately. Free assessment.
What We Help With
Work visas and sponsorship — employers and sponsored workers.
Temporary Skill Shortage (Subclass 482)
The TSS 482 visa provides temporary work rights for up to 4 years for workers in approved occupations sponsored by an approved Australian employer. The Short-Term stream (2 years) and Medium-Term stream (4 years) have different occupation lists and pathway requirements.
Employer Nomination Scheme (Subclass 186)
A permanent residence pathway for workers sponsored by an Australian employer — through the Direct Entry stream (for workers with skills assessments) or the Temporary Residence Transition stream (for TSS 482 holders who have worked for the sponsoring employer for at least 3 years).
Employer Sponsorship Approval (Standard Business Sponsorship)
Before nominating a worker, an employer must be approved as a Standard Business Sponsor. The SBS application requires evidence of a lawfully operating business and a commitment to comply with sponsorship obligations. A lawyer prepares and lodges the SBS application and advises on the obligations that follow.
Sponsorship Obligations — Employer Compliance
Sponsors must pay sponsored workers equivalent terms and conditions to Australian workers in the same position, not recover visa costs from the worker, notify the Department of certain events, and cooperate with Department inspections. Breaches attract civil penalties and bar from future sponsorship.
Nomination & Visa Applications
Lodging the employer nomination and the worker's visa application — ensuring the occupation is on the relevant occupation list, the position is genuine, the salary meets the Temporary Skilled Migration Income Threshold (TSMIT), and the worker meets the skills and English requirements.
Work Visa Refusal — AAT Review
Challenging a refusal of a TSS 482, ENS 186, or employer nomination at the AAT — particularly where the refusal involved an incorrect assessment of the genuineness of the position or the worker's skills. 28 days from the refusal decision.
What the Law Says
Employer-sponsored visas — the key legal obligations.
The TSMIT — the minimum salary threshold
The Temporary Skilled Migration Income Threshold (TSMIT) is the minimum salary that must be paid to a sponsored worker. As of July 2023, the TSMIT is AUD $70,000 per annum (increased from $53,900 — a significant jump). The sponsored worker must be paid at least the TSMIT or the annual market salary rate for the nominated occupation in the same location, whichever is higher. Failure to pay the TSMIT is a sponsorship obligation breach that can result in sanctions and the worker's visa being cancelled.
No cost recovery — the prohibition on charging workers
Sponsors are prohibited from recovering (directly or indirectly) the costs of sponsorship, nomination, or visa application from the sponsored worker. This includes the Standard Business Sponsorship application fee, the nomination fee, and the Skilling Australians Fund (SAF) levy. Charging workers for these costs is a serious sponsorship obligation breach — it is also a criminal offence in some cases. Workers who have been charged these costs may have a legal claim against the employer.
The 60-day period after ceasing employment
A TSS 482 visa holder whose employment with the sponsoring employer ceases — voluntarily or involuntarily — has 60 days to find a new approved sponsor, apply for a different visa, or depart Australia. During this 60-day period, the worker may continue to work for the sponsor but is not authorised to work for a new employer unless the new employer applies to transfer the sponsorship. Acting quickly when employment ends avoids the risk of becoming an unlawful non-citizen.
Labour Market Testing (LMT) requirements
For most TSS 482 nominations (Medium-Term stream positions not exempt by bilateral agreements), the employer must demonstrate that no suitably qualified and experienced Australian worker was available for the position before the nomination was lodged. LMT typically requires advertising the position for at least 4 weeks within the 4 months before lodgement. The advertising must meet specific requirements. A lawyer advises on LMT compliance and prepares the supporting evidence.
Skills assessments — who needs one and how
The Direct Entry stream of the ENS 186 requires a positive skills assessment from the relevant assessing authority for the nominated occupation. For some occupations (Engineers Australia, VETASSESS, ACS, etc.), the skills assessment process takes several months and requires detailed evidence of qualifications and work experience. A lawyer advises on which assessing body applies to the occupation, the evidence required, and common reasons for assessment refusal.
Regional sponsorship — RSMS and DAMA arrangements
The Regional Sponsored Migration Scheme (RSMS, subclass 187) and Designated Area Migration Agreements (DAMAs) provide additional employer-sponsored pathways for workers in regional Australia — often with lower income thresholds and broader occupation lists than the standard TSS 482 programme. DAMAs are negotiated between the Commonwealth and specific regional labour markets. A lawyer identifies whether a DAMA applies in the employer's region and advises on the applicable pathways.
How It Works
One request. Work visa clarity.
Tell us your occupation, your employer's location, and what visa pathway you are exploring. A work visa specialist will assess your options for free.
Submit Your RequestDescribe the position and the worker
Tell us the nominated occupation (ANZSCO code if known), the employer's state and postcode, the proposed salary, and the worker's current visa status and nationality.
Matched to a work visa specialist
Your request is matched to a registered migration agent or immigration lawyer experienced in employer-sponsored visa pathways including TSS 482, ENS 186, and regional arrangements.
Free assessment and strategy
An immigration specialist assesses eligibility for the relevant visa pathway, identifies any issues, and advises on the application process and timeline.
Common Questions
Work visas — frequently asked questions.
My employer asked me to pay for my visa sponsorship — is this legal?
No. Sponsors are prohibited by law from recovering or charging the sponsored worker for the costs of sponsorship, nomination, or the visa application. This prohibition applies to direct charges and indirect cost recovery. A sponsored worker who has been charged these costs may have grounds for a legal claim against the employer, and the employer may be subject to civil penalties and loss of approved sponsor status. A lawyer advises on the options available to a worker who has been illegally charged sponsorship costs.
My TSS 482 visa is tied to one employer — what if I want to change jobs?
A TSS 482 visa holder can change employers — but the new employer must apply to become an approved sponsor and nominate the worker for the new position before the worker can commence employment with the new employer. The worker cannot simply start working for the new employer without the nomination and visa transfer being approved. Once employment with the current sponsor ceases, the 60-day period begins. A lawyer advises on the transfer process and how to manage the transition without breaching visa conditions.
How do I get from a TSS 482 to permanent residence?
The main pathway from TSS 482 to permanent residence is the Employer Nomination Scheme (ENS 186) — Temporary Residence Transition (TRT) stream. To be eligible, the TSS 482 holder must have worked for the nominating employer in the nominated occupation for at least 3 years (from 1 July 2023 — previously 2 years) and must be nominated for the same or a closely related occupation. The employer must also nominate the worker for ENS 186. Points-tested migration (subclass 189 or 190) may also be available where the occupation and points score qualify.