Employer Sponsored Visas

Employer Sponsored Visa Lawyer in Melbourne

Bring the skilled people your business needs, the right way.

For many Australian businesses, finding the right skilled staff locally is a constant challenge. Employer sponsorship allows you to fill genuine skill shortages with qualified workers and professionals from overseas. Done properly, it can also give your business a stable, long-term team. Done poorly, it can lead to delays, refusals and compliance problems.

At Chua Tan Associates, we advise businesses of all sizes, from family-owned companies to established employers, on hiring skilled talent from Asia. Our immigration team includes two Accredited Specialists in Immigration Law, and we advise in English, Mandarin and Cantonese. That means we can communicate clearly with both you and your new team member.

Employer sponsored visa options

Skills in Demand visa (subclass 482)

The main temporary employer-sponsored visa allows you to sponsor a skilled worker for up to four years. Which stream applies depends on the occupation and the salary offered. The visa can also provide a pathway to permanent residence.

Employer Nomination Scheme (subclass 186)

A permanent visa for skilled workers nominated by their employer. This includes employees transitioning from a temporary sponsored visa, and highly skilled workers sponsored directly.

Skilled Employer Sponsored Regional visa (subclass 494)

A provisional visa for businesses in regional Australia, with a pathway to permanent residence for workers who live and work in regional areas.

Labour agreements and DAMAs

Where standard sponsorship doesn't meet your needs, a labour agreement or a Designated Area Migration Agreement (DAMA) may allow you to sponsor workers in occupations or on terms not otherwise available. We advise on whether these are suitable, and we prepare and negotiate the agreement.

How our employer sponsorship lawyers can help

Choosing the right pathway

We start by understanding the role, your business and your long-term workforce plans. We then advise on the most suitable visa, the occupation and salary requirements, labour market testing, and the costs and timelines involved.

Becoming an approved sponsor

We prepare your standard business sponsorship or labour agreement application, including the evidence the Department needs to show your business is lawfully and actively operating.

Nomination and visa applications

We prepare the nomination, showing that the position is genuine and meets salary and market requirements. We also prepare the worker's visa application, including skills, English, health and character evidence.

Transition to permanent residence

We plan from the start for sponsored staff to move to permanent residence where eligible, so you can retain skilled people for the long term.

Sponsor compliance and monitoring

Sponsors have ongoing legal obligations, such as paying the correct salary, keeping records and notifying the Department of certain changes. Breaches can lead to fines, cancellation of your sponsorship or bans from future sponsorship. We explain your obligations clearly, review your arrangements, and help you respond if the Department raises concerns or begins a monitoring process.

Refusals and problems

If a nomination or visa is refused, or a sponsored employee's circumstances change, we advise on your options and the best way forward.

Beyond the visa

Hiring overseas staff often raises wider legal issues. Our lawyers can also advise on employment contracts, workplace obligations, business structures and family business succession. That way, your sponsorship arrangements fit with the rest of your business.

Sponsoring staff for family businesses

As a family firm ourselves, we understand that family businesses often depend on a small number of trusted, skilled people. We help family-owned businesses sponsor staff, including where a business is expanding in Australia, so the business can grow without compromising its compliance or its values.

Frequently asked questions

Can my business sponsor a worker from overseas?

Generally, a business that is lawfully and actively operating can apply to become an approved sponsor and then nominate a genuine position in an eligible occupation. We can assess your business's eligibility.

Do I need to advertise the job in Australia first?

In many cases, yes. Labour market testing usually requires the position to be advertised in Australia before you nominate an overseas worker, although some exemptions apply.

Can sponsored staff become permanent residents?

Often, yes. Workers on a Skills in Demand or regional sponsored visa may be able to move to permanent residence through the Employer Nomination Scheme or another permanent visa, if they meet the requirements.

Can a family business sponsor a relative?

Possibly, but the position must be genuine and meet all the usual requirements, and the Department looks closely at these nominations. Seek advice before you apply.

Can you advise us and our workers in Chinese?

Yes. Our lawyers advise in English, Mandarin and Cantonese.

Get started with employer sponsorship

Contact us to discuss your business's needs, or order an Immigration Strategy Report for a clear written plan before you commit.

This page provides general information only and is not legal advice. Visa requirements change regularly, and every business's situation is different.