Consult with our expert registered migration agents to understand the nomination requirements for the employer to sponsor an applicant for this visa.
Be an eligible business
- Your business must:
- be the employer who last sponsored the 457 or TSS visa holder as a standard business sponsor
- have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
- actively and lawfully operate a business in regional Australia
- have a genuine need for a paid employee to fill a skilled position in regional Australia
- pay the Skilling Australians Fund levy when you submit your employer nomination application
- have complied with Australian immigration and workplace relations laws
- Your business must also be able to:
- offer a skilled position that is full time and ongoing in regional Australia for at least 2 years. The nominee's employment contract must not limit the position to 2 years
- if the worker will earn less than AUD250,000 per year, pay them at least the annual market salary rate for these 2 years
- demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit your nomination
- For the skilled position;
- The nominated occupation must:
- usually, be on the list of eligible skilled occupations for this subclass 187 visa
- have the same ANZSCO 4-digit occupation unit group code as the occupation for which the applicant was granted their subclass 457 or subclass 482 visa
- The nominated occupation does not have to be on the eligible skilled occupation list for this subclass 187 visa if on 18 April 2017 the employee:
- held a subclass 457 visa, or
- had applied for a subclass 457 visa that was later granted
Be the applicant’s current sponsor:
In general, if you sponsored the applicant for a temporary work visa, you can nominate them for this stream of the permanent visa. You must be the applicant’s most recent approved sponsor.
What visa the applicant must hold
Usually when you nominate them, the applicant must hold or have most recently held:
- a subclass 457 visa granted under the Standard Business Sponsorship stream, or
- a subclass 482 visa granted under the Medium-term stream, or
- if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted), a subclass 482 visa granted under the Short-term stream
If the applicant does not hold a substantive visa when you apply to nominate them, they must hold a bridging visa that was granted to them when they applied for:
- a subclass 457 visa granted under the Standard Business Sponsorship stream, or
- a subclass 482 visa granted under the Medium-term stream, or
- a subclass 186 visa, or
- a subclass 187 visa, or
- if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted), a subclass 482 visa granted under the Short-term stream
How long the applicant must have held their visa
Usually, the applicant must have held one or more of the following visas for at least 3 of the 4 years before you nominate them for this permanent visa:
- a subclass 457 visa granted under the Standard Business Sponsorship stream, or
- a subclass 482 visa granted under the Medium-term stream
If on 18 April 2017 the applicant held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted) they must have held subclass 482 visa granted under the Short-term stream for at least 2 of the 3 years before you nominate them for this permanent visa.
How long the applicant must have been employed
Usually, the applicant must have been employed for at least 3 years of the 4 years before you nominate them for this visa (not including periods of unpaid leave):
- in the position they were granted their visa to fill
- full time
- in Australia
If on 18 April 2017 the applicant held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted) they must have been employed for at least 2 of the previous 3 years (not including periods of unpaid leave):
- in the position they were granted their visa to fill
- full time
- in Australia
If the applicant was granted a visa to work in certain occupations, they must have been employed in the position they were granted their visa to fill for 3 of the previous 4 years (not including periods of unpaid leave).
Continuity of employment
If your business ownership has changed in the last 3 years - for example due to sale, takeover or restructure - you might still be able to nominate the applicant. You must show you and the previous business sponsor would be considered the same employer.