The contract must indicate:

• the base salary - if the worker will earn less than AUD250,000 a year, their salary must not be less than the annual market salary rate
• the total remuneration and terms and conditions of employment - these conditions must not be less favourable than the conditions that would apply to an Australian citizen or permanent resident
• that the position is full-time, ongoing and available for at least 2 years

Provide:

• relevant pages of the trust deed specifying the parties to the trust (if you are a trust or trustee of a trust)
• current lease agreement
• letter of support from the accountant of your business

Also provide either:

• audited balance sheet and profit and loss statement for the most recently concluded fiscal year with comparative figures for previous fiscal year, or
• business tax returns and associated tax assessment notices for the most recently concluded fiscal year

If the fiscal period of the financial statements or tax returns ended more than three months before you lodge your application, also provide a business activity statement (BAS) for each complete quarter from the end of the fiscal period to the date you lodge your application.

If your business has operated for less than 12 months, also provide:

• business activity statements (BAS) for each complete quarter from the start of operations to the time you lodge the nomination, and
• statements for the business bank account from the start of operations to the time you lodge the nomination.

Businesses seeking to nominate overseas workers for a permanent employer sponsored visa are required to demonstrate that there is a genuine need to employ a person in the position.

Provide:

• a detailed organisational structure chart
• the name of the occupation and its ANZSCO code
• a detailed position description including specified tasks and duties of the position

Also provide these where applicable:

• evidence that the position has existed and been previously occupied but has become vacant through attrition
• evidence that the position is currently occupied by a temporary resident
• evidence of an increase in business activity (e.g. new contracts won) requiring workers in the nominated occupation
• evidence of overtime work or increase in overtime work for employees currently in the nominated occupation
• if your business is diversifying, evidence of appropriate market research, business plans detailing proposed expansion and timelines, financial budgets covering expenditure and anticipated revenue and evidence of availability of funding (such as own funds or bank loans)

If the applicant will earn less than AUD250,000 a year, prove you will pay them the annual market salary rate (AMSR) for their occupation.

Clearly identify and explain your evidence. If you provide unlabelled salary surveys or vague details on how you determined the AMSR, we might refuse your nomination.

Where there is a difference between the determined AMSR and the nominee's proposed salary, explain why.

Caveats apply to some occupations for the subclass 186 visa. These caveats exclude the occupation from eligibility under the employer nomination scheme in some circumstances.
Where we might assess the occupation you are nominating as ineligible due to a caveat, provide evidence that it is eligible.
For example, one caveat applied to the occupation of chef is that the nominated position can’t be in a fast food or takeaway food service. Provide evidence to show the caveat does not apply to the position so that we don’t assess it as ineligible, such as:

• a detailed position description
• an explanatory statement and evidence that describes the core activities of your business
• a copy of the menu
• a link to your website
• a floor plan
• photographs of the premises that show the size and type of your establishment
• details of food preparation done on the premises
• details of table service provided and the volume of in-restaurant dining
• any other evidence you consider relevant

You can also ask us to consider the broader circumstances when we assess caveats - for example, the turnover and salary caveats, including those of an overseas parent company. Submit your request to us in writing.

We list any caveats that apply to occupations on the skilled occupations list.

1. Complete your nomination application in ImmiAccount.
2. Attach documents.
3. Pay the application fee. We will not process your application until you pay the fee.
4. Pay the Skilling Australians Fund levy.
5. Note the nomination Transaction Reference Number (TRN). Your employee will need it to apply for their visa.

Contact the relevant visa processing office to report changes that could affect your application.

When you write to us, include your:

• business name
• ABN or ACN
• nomination Transaction Reference Number (TRN)

You can withdraw your application any time before we decide on your employee's visa application.

To withdraw your nomination, email the processing area.

Note: Removing your application from ImmiAccount does not withdraw the nomination. Generally, we do not refund the nomination fee.