Employer-Sponsored Visa: Am I Eligible?

These are just a couple of examples of the many questions we receive from individuals excited about the possibility of being sponsored by their employer for a visa. Often, their first concerns revolve around sponsorship fees and the steps involved in the process. However, the most critical—and frequently overlooked—step is determining whether they are personally eligible for an employer-sponsored visa.

Many applicants also worry about whether their company is eligible to sponsor them, and the truth is that most Australian businesses can easily meet the requirements.

However, a standard issue we find is that many individuals are unaware they need to have an occupation listed as eligible under ANZSCO to qualify for a sponsored visa. So, the very first question you should ask yourself is, “What is my occupation?” and, more importantly, “Is my occupation eligible for sponsorship?”

Step 1: Identifying Your Occupation

Your occupation is the first and most critical consideration. Without an eligible occupation, you cannot proceed with an employer-sponsored visa application.

The Australian and New Zealand Standard Classification of Occupations (ANZSCO) defines the requirements for each occupation, making it essential to check if the proposed position at the company matches one on the eligible list. This assessment goes beyond just a job title; you must ensure that your duties and responsibilities match the tasks and skill levels defined for that occupation under ANZSCO.

Step 2: Do You Have the Right Skills and Experience?

Once you have identified a nominated occupation, you must assess whether you have the relevant skills, qualifications, and work experience to meet the visa requirements. Typically, a combination of both formal qualifications and work experience is required.

While a positive skills assessment is not always necessary, your eligibility will be based on whether your qualifications and experience align with the tasks defined for your occupation under ANZSCO. For example, ANZSCO specifies that the skill level required for someone who wants to be sponsored as a Chef (ANZSCO 351311) is typically an AQF Associate Degree, Advanced Diploma, or Diploma (Skill Level 2). However, it also provides that at least three years of relevant work experience may be accepted as a substitute for formal qualifications. Other occupations, such as Secondary School Teacher (ANZSCO 241411), strictly require a formal qualification, such as a bachelor’s degree or higher, and relevant professional registration, and no amount of work experience can substitute the formal qualification requirement for this occupation.

As you can see, aligning your skills, qualifications, and experience with the ANZSCO requirements is essential to qualify for an employer-sponsored visa. If your profile does not meet these standards, your application may be refused, even if the company is willing to sponsor you.

Step 3: Work Experience Requirements

Most employer-sponsored visas also require you to demonstrate a minimum of years of work experience. For example:

• A minimum of two years of relevant work experience is required for the Temporary Skill Shortage (subclass 482) visa.
• For the Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa or the Employer Nomination Scheme (subclass 186) visa, the requirement is three years of experience.

It’s worth noting that the work experience requirements for applications made under the Labour Agreement stream of the above visas may be reduced.

Step 4: English Proficiency

Another critical requirement is English language proficiency. The level of English required will depend on the specific employer-sponsored visa program you apply for.

Meeting the English requirement before starting the application is essential to avoid wasting time, money, and your company’s resources. Applying for a sponsored visa is a complex matter that requires significant time and effort. You don’t want to spend hours preparing an application, undertaking labour market testing, and so on, only to find out later that you cannot meet the relevant English score. By addressing this upfront, you can avoid unnecessary complications and ensure a smoother application process.

What about the company?

In addition to ensuring you meet all the individual eligibility criteria, your employer must nominate you for a specific position relevant to your ANZSCO occupation.

Your employer will need to submit evidence that the role you are being sponsored for is genuine, aligns with your qualifications and experience, and meets specific salary and employment requirements.

A crucial part of this process is Labour Market Testing (LMT), which is often required. LMT involves advertising the position for at least 28 days and gathering evidence of recruitment efforts to demonstrate that no suitable Australian workers or permanent residents are available to fill the role. This is a regulatory requirement, and failure to comply will almost certainly lead to the refusal of the nomination, which in turn will also result in the refusal of the visa application.

Because of the need for LMT, it’s essential to understand that a sponsored visa cannot be applied for de la noche a la mañana (overnight). The nomination process takes time, and the visa application cannot be lodged without a nomination.

We have been approached by candidates whose visas expire within just a few days, asking for assistance in applying for an employer-sponsored visa. Unfortunately, if LMT is required, the time is insufficient to complete the process successfully. This is why planning your next visa ahead of time is so necessary.