To sponsor overseas workers, an Australian business becomes a Standard Business Sponsor, nominates a genuine role, and the worker lodges a visa application. The two main pathways are the temporary 482 Skills in Demand visa (up to four years) and the permanent 186 Employer Nomination Scheme — usually used together as one retention strategy.
Can’t fill a skilled role locally? Employer sponsorship remains one of the most reliable ways to bring in — and keep — the people your business needs. Here’s how the pathways work in 2026, what they cost, and where the compliance risk sits.
482 vs 186: two visas, one strategy
| 482 Skills in Demand | 186 Employer Nomination Scheme | |
| Type | Temporary — up to 4 years | Permanent from grant |
| Best for | Getting a skilled worker in quickly | Retaining a proven worker long term |
| Labour market testing | Required (unless exempt) | Not required |
| Skills assessment | Occupation-dependent | Not needed for 482?186 cases |
| Salary floor (from 1 July 2026) | $79,423 Core / $146,567 Specialist Stream | $79,423 (CSIT) |
| Role in your plan | Stepping stone to PR | The destination — PR for worker & family |
Most employers use these together: 482 to get someone in the door while you both test the fit, then 186 after two years to keep them. The smart play is sequencing them so no eligibility time is wasted.
The three steps to sponsor a worker
Become a Standard Business Sponsor (SBS). You show your business is lawfully and actively operating. Accredited Sponsors move into a faster processing lane — often the biggest lever on timeframes.
Lodge a nomination for the specific role, satisfying salary and (for the 482) labour market testing.
The worker lodges the visa application, meeting skills, English, health and character requirements.
Labour market testing: what the 482 requires
For most 482 nominations you must show genuine local recruitment effort before nominating overseas. In practice that means at least two advertisements on national-reach platforms (such as SEEK, Indeed or LinkedIn Jobs), running for a minimum of 28 consecutive days (or overlapping ads totalling 28 days) within the four months before you lodge the nomination.
Some cases are exempt under Australia’s International Trade Obligations (for example, certain intra-company transfers). The 186 generally has no labour market testing requirement.
The salary rules you cannot get wrong
Every nomination must satisfy two salary tests at once: the income threshold (Core Skills Income Threshold $79,423 from 1 July 2026; Specialist Skills $146,567), or Annual Market Salary Rate, which ever one is higher — no less than an equivalent Australian worker in the same role and location.
Whichever is higher applies — and the obligation doesn’t stop at lodgement.
The Department and the ATO now run payroll data-matching, so paying below the nominated salary later is a live compliance risk, not a one-off check. This is precisely where migration and employment law meet.
| Cost | 482 (temporary) | 186 (permanent) |
| Base visa application charge (from 1 July 2026) | $4,015 | $6,140 |
| Nomination fee | $330 | $540 (approx.) |
| Standard Business Sponsorship | $420 (where needed) | n/a |
| SAF levy — small business (<$10m turnover) | $1,200 per year of visa | $3,000 one-off |
| SAF levy — large business (?$10m turnover) | $1,800 per year of visa | $5,000 one-off |
The SAF levy must be paid by the employer at nomination and cannot be passed on to the worker. Getting the application decision-ready first time avoids the requests-for-information that quietly add months.
The compliance side employers underestimate
Sponsorship carries ongoing obligations — record-keeping, equivalent terms and conditions, notifying the Department of certain events, and salary parity for the life of the sponsorship. Breaches can lead to infringement notices, civil penalties, sponsor bars and public listing under the Migration Act. A short compliance health-check now is far cheaper than a monitoring action later.
Genuine Position Requirement — Subclass 482 Skills in Demand Visa Nomination
For a Subclass 482 (Skills in Demand) nomination, the Department of Home Affairs must be satisfied that the nominated position associated with the occupation is genuine. The position must also generally be a full-time position (subject to limited exceptions).
A genuine position assessment considers more than the job title. The Department examines:
the actual duties and tasks to be performed;
whether the duties align with the nominated ANZSCO occupation;
the business operations and organisational structure;
whether the business has a genuine need for the position;
the location and circumstances of employment.
Evidence commonly used to demonstrate a genuine 482 position:
• organisational chart;
• business activity evidence;
• financial records;
• contracts and client evidence;
• position description;
• employment contract;
• payroll records (where applicable);
• explanation of why the business requires the role;
• evidence that duties match the nominated occupation.
Key risk: A job title alone is not enough. The Department looks at the actual duties performed. A mismatch between the nominated occupation and the real role can result in concerns about whether the position is genuine.
Genuine Position Requirement — Subclass 186 Employer Nomination Scheme Nomination
For Subclass 186 nominations, the assessment focuses on whether the nominated position is genuine and whether the employment arrangement satisfies the relevant nomination criteria and position is need for 2 years with no exclusion for extension.
For the 186 TRT pathway, the Department considers factors including:
the ongoing nature of the position;
the employer’s business circumstances;
the nominated occupation;
the employment relationship;
whether the position is consistent with the worker’s skills and experience.
The position must represent a genuine need within the business and not be created only to facilitate a visa outcome.
Key takeaways
Use the 482 to get people in, the 186 to keep them — sequence them deliberately.
Labour market testing: 2 ads, national platforms, 28 days, within 4 months (482 only).
Salary must beat both the income threshold and the market rate — and stay compliant afterwards.
Budget the SAF levy ($1,200/$1,800 per year for the 482; $3,000/$5,000 one-off for the 186).
Accredited Sponsor status is the biggest lever on speed.
Frequently asked questions
How long does it take to sponsor a worker?
Timeframes depend on the stream and whether you’re already an approved (or accredited) sponsor.
Do I need to be an approved sponsor before I nominate?
You need an approved Standard Business Sponsorship, but it can be lodged together with the nomination. Accredited status brings faster processing.
Is labour market testing required for the 186?
Generally no. LMT is a 482 requirement. For the 186, evidence of genuine need still helps but formal advertising is not mandated.
Can I recover the SAF levy or visa costs from the worker?
No. The SAF levy must be paid by the employer and cannot be passed on. Passing on certain sponsorship costs is a breach of your obligations.
What are my ongoing obligations after the visa is granted?
Record-keeping, equivalent terms, event notifications and salary parity for the life of the sponsorship — all subject to monitoring and payroll data-matching.
Work with a firm that handles both sides.
We’re a boutique Parramatta, NSW practice with dual expertise in migration and employment law — so we handle the nomination and the contract, the salary benchmarking, and the compliance framework as one piece of work, Australia-wide.
Book a sponsorship strategy session — we’ll scope your fastest compliant pathway and flag any risk before you lodge. · toliclawyers.com.au
