DSPro · 2026-06-29

Employer nomination fundamentals

An overview of employer nomination for work visas, including sponsorship obligations, nomination criteria and document readiness.

The employer sponsorship framework

Many countries offer employer-sponsored visa pathways that allow businesses to nominate foreign workers for temporary or permanent visas. These pathways typically involve three stages: the employer first obtains approval as a sponsor, then nominates a specific position for a specific worker, and finally the worker applies for the visa. Each stage has its own requirements, fees, and processing times, and all three must succeed for the worker to be granted a visa.

The sponsorship framework is designed to ensure that employers are genuine, that they have a legitimate need for the position, and that they can meet their obligations as sponsors. The government monitors sponsors for compliance with workplace laws and visa conditions. A business that fails to meet its sponsorship obligations can face sanctions, including the suspension or cancellation of its sponsorship approval, and may be barred from sponsoring future workers.

This article provides general information about employer nomination for work visas. It is not legal advice, and it does not address the specific requirements of any particular country's immigration system. For case-specific guidance, consult a registered migration agent or immigration lawyer.

Sponsorship obligations

Once an employer becomes an approved sponsor, it takes on a range of legal obligations. These typically include ensuring that the sponsored worker is employed in the nominated occupation and at the nominated salary level; keeping records of the worker's employment and providing them to the immigration authority upon request; notifying the immigration authority of certain events, such as a change in the worker's duties or the cessation of employment; and paying any costs associated with becoming a sponsor and nominating a worker, including the cost of recruitment agents acting on behalf of the employer.

One obligation that is frequently misunderstood is the requirement not to recover certain costs from the worker. In many immigration systems, the employer is prohibited from passing on the costs of sponsorship and nomination to the worker, either directly or indirectly. This includes visa application charges, nomination fees, and recruitment costs. Workers should be aware of these protections and report any employer that seeks to recover prohibited costs.

Sponsorship obligations continue even after the worker's visa is granted. The employer must continue to employ the worker on the terms set out in the nomination, notify the immigration authority of any changes, and cooperate with any monitoring or compliance activity. If the worker's employment ceases, the employer must notify the authority, usually within a specified period such as 28 days. Failing to meet these ongoing obligations can affect the employer's ability to sponsor future workers.

The nomination stage

The nomination is the employer's application to fill a specific position with a specific worker. It is separate from the worker's visa application, although the two are usually closely linked. The nomination must demonstrate that the position is genuine and that the employer has the capacity to sustain it. This may involve providing evidence of the business's financial position, its organizational structure, the duties and skill level of the position, and the qualifications and experience of the nominated worker.

A common requirement is labour market testing, which requires the employer to demonstrate that they attempted to recruit a suitable Australian or local worker before nominating a foreign worker. The specific testing requirements vary by occupation, location, and visa subclass. Testing typically involves advertising the position through approved channels for a minimum period and providing evidence of the recruitment process and its outcomes. Some positions are exempt from labour market testing under international trade agreements or other special provisions.

The nomination must also address salary and employment conditions. The employer must offer a salary that meets or exceeds the market rate for the occupation and the minimum threshold set by the immigration system, known in Australia as the Temporary Skilled Migration Income Threshold. The employment conditions must be no less favourable than those provided to local workers in equivalent positions. These requirements are designed to prevent the exploitation of foreign workers and to protect the wages and conditions of the local workforce.

The worker's application

The worker's visa application is the third stage of the process. It requires the worker to demonstrate that they meet the criteria for the visa subclass, including the skills and qualifications required for the nominated position, English language proficiency, health, and character. The worker must also demonstrate that they genuinely intend to perform the nominated occupation and that they have the necessary licences or registrations if the occupation is regulated.

Timing is critical across all three stages. The approval as a sponsor, the nomination approval, and the visa application all have validity periods and must align correctly. If a sponsorship approval expires before the nomination is lodged, a new sponsorship application may be needed. If a nomination approval expires before the visa application is decided, the worker may need a new nomination. Coordinating these timelines is one of the most challenging aspects of employer-sponsored migration.

Employer nomination is a complex area of immigration law that involves overlapping obligations for both the employer and the worker. Both parties should seek independent professional advice where their interests may diverge. The employer's migration agent represents the employer's interests, and the worker should consider whether they need their own adviser to protect their interests in the process.