Nomination Process for Employer Sponsored Visas

The Nomination Process

Nomination is the second stage of the employer-sponsored visa process. After your business has Standard Business Sponsorship approval, you must nominate the specific position and the specific worker you want to employ.

What is Nomination?

A nomination is your formal request to employ a specific overseas worker in a specific position. Unlike sponsorship (which is about your business), nomination is about:

• The specific position (occupation, duties, location)
• The specific person (the worker you want to hire)
• The terms of employment (salary, conditions, duration)

Each nomination is unique to one position and one worker. If you want to employ multiple people, you need separate nominations for each.

Key Requirements

1. Occupation on Skilled List

The position must be on the relevant skilled occupation list:

• Short-term Skilled Occupation List (STSOL): For 482 short-term stream (up to 2 years)
• Medium and Long-term Strategic Skills List (MLTSSL): For 482 medium-term stream (up to 4 years) and 186 Direct Entry
• Regional Occupation List (ROL): For 494 regional visas

You can check occupation lists on the Department of Home Affairs website using the ANZSCO code.

2. Market Salary Rate

You must offer at least:

• The Annual Market Salary Rate (AMSR) for the occupation, OR
• $70,000 per year (minimum threshold)
• Whichever is higher

The salary must be:

• Guaranteed base salary (excluding superannuation, bonuses, allowances)
• For full-time work (38+ hours per week)
• At least what you pay equivalent Australian workers
• Commercially reasonable for the occupation and location

3. Genuine Position

You must demonstrate:

• The position is genuine and necessary for your business
• You have a genuine need that cannot be filled by an Australian worker
• The duties align with the nominated occupation
• The role is not contrived to enable a visa

Labour Market Testing (LMT)

When is LMT Required?

Labour Market Testing is required for:

• 482 nominations for STSOL occupations
• 186 Direct Entry nominations
• 494 nominations

Not required for:

• 482 MLTSSL occupations (generally)
• 186 TRT stream (transition from 482)
• Positions under Labour Agreements or international trade obligations
• Internal transfers (in some cases)

How to Conduct LMT:

1. Advertise the position in Australia for at least 4 weeks
2. Use at least 2 methods:
   • National recruitment website (e.g., Seek, Indeed)
   • Local newspaper
   • Industry-specific platform
   • Professional association
3. Timing: Advertising must be completed no more than 4 months before lodging nomination
4. Content: Must include location, duties, salary (or salary range), and skills required
5. Keep records: Save all job ads, applications received, reasons for not hiring Australians

What if You Receive Applications?

You must be able to demonstrate why Australian applicants were not suitable:

• Didn't have required skills or qualifications
• Didn't have required work experience
• Didn't respond to interview invitations
• Rejected job offer
• Were not available to start when needed

Skilling Australians Fund (SAF) Levy

The SAF levy is a mandatory payment that funds training for Australian workers.

How Much is the SAF Levy?

Important Notes:

• Paid at time of nomination lodgement
• Non-refundable even if nomination is refused
• Calculated based on visa length requested
• Regional 494: Higher levy ($3,000-$5,000 per year)
• 186 Direct Entry: $5,000 (small) or $10,000 (large) - one-time payment
• 186 TRT: No SAF levy required

Nomination Fee

In addition to SAF levy, there is a nomination fee of $540 for all nominations.

Documents Required

Typical documents for nomination include:

• Organizational structure chart showing where position fits
• Detailed position description (duties, requirements)
• Evidence of salary (employment contract or offer letter)
• Labour Market Testing evidence (if required)
• Evidence position is genuine (business plans, financial statements)
• Market salary research (salary surveys, job ads)
• Training evidence (for training benchmarks) OR SAF levy payment

Processing Times

• 482 nominations: 4-8 weeks
• 186 nominations: 4-8 weeks
• 494 nominations: 6-10 weeks
• 407 nominations: 3-6 weeks

After Nomination Approval

Once your nomination is approved:

1. The worker can lodge their visa application (Stage 3)
2. You must continue to meet obligations (pay salary, maintain position)
3. If circumstances change (worker withdraws, business closes), notify the Department
4. The nomination is specific to that worker - you can't substitute someone else

Common Refusal Reasons

• Occupation not on relevant skilled list
• Salary below market rate or $70,000 minimum
• Insufficient evidence position is genuine
• Inadequate Labour Market Testing
• Position duties don't align with nominated occupation
• Business not financially viable to support the position
• SAF levy not paid or incorrect amount