Temporary Residence Transition Stream for Sponsors
Stay
Permanent
Cost
Nil, if the position is located in regional Australia.
AUD540.00 if the position is not located in regional Australia. You are also required to pay the Skilling Australians Fund levy.
Processing times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
With this visa the applicant can
- live, work and study in Australia indefinitely
- sponsor eligible family members to come to Australia
- apply for Australian citizenship, if eligible
See all conditions
Check your eligibility
You must
- currently sponsor the applicant on a subclass 457 or 482 (TSS) visa. See more details on the Eligibility tab
- pay the Skilling Australians Fund levy
Cost to nominate
There is no cost to nominate someone for the visa if the position is located in regional Australia.
If the position is not located in regional Australia, it costs AUD540.00 to nominate someone for the visa. You are also required to pay the Skilling Australians Fund levy.
How long nominations last
If approved, your nomination will end if the employee you nominate:
- does not apply for a subclass 186 visa within six months of the nomination approval
- is refused a subclass 186 visa
Nominators must
You must:
- employ the worker under the terms and conditions that are no less than as those for Australian citizens or permanent residents doing the same work in the same place. Terms and conditions include but are not limited to salary for the nominated position, hours of work and leave entitlements.
- pay the worker the annual market salary rate
- comply with Australian immigration and workplace relations law
Be an eligible business
Your business must:
- have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
- actively and lawfully operate a business in Australia
- if it undertakes activities related to hiring labour to other unrelated businesses, the position must be within your business activities and not for hire to other unrelated businesses
- have a genuine need for a paid employee to fill a skilled position
- pay the Skilling Australians Fund levy when you submit your employer nomination application
- have complied with Australian immigration and workplace relations laws
Your business must also be able to:
- offer a skilled position that is full time and ongoing for at least 2 years. The nominee's employment contract must not limit the position to 2 years
- if the worker will earn less than AUD250,000 per year, pay them at least the annual market salary rate
- demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit your nomination
Have a skilled position
The nominated occupation must:
- be listed in the ANZSCO
- have the same ANZSCO 4-digit occupation unit group code as the occupation the subclass 457 or subclass 482 visa was granted in relation to.
Pay the Skilling Australians Fund levy
You must pay the Skilling Australians Fund levy for any nomination application you submit.
Be the applicant's current sponsor
If you sponsored the applicant for a temporary work visa, you can nominate them for this stream of the permanent visa. However, you may only do so as long as you remain the applicant’s most recently approved sponsor (as a standard business sponsor or party to a labour agreement). If your business has undertaken a restructure resulting in a new ABN/ACN, and the applicant is now working for the new business entity, you must ensure the applicant’s most recent temporary visa sponsorship arrangements reflect this.
You need to do this before lodging in this permanent stream.
What visa the applicant must hold
When you nominate them, the applicant must hold or have most recently held:
- a subclass 457 visa (any stream)
- a subclass 482 visa (any stream)
If the applicant does not hold a substantive visa when you apply to nominate them, they must hold a bridging visa that was granted to them when they applied for:
- a subclass 457 visa, or
- a subclass 482 visa, or
- a subclass 186 visa, or
- a subclass 187 visa
How long the applicant must have held their visa
The applicant must have held one or more of the following visas for at least 2 of the 3 years before you nominate them:
- a subclass 457 visa, or
- a subclass 482 visa.
How long the applicant must have been employed
Usually, the applicant must have been employed for at least 2 years of the 3 years before you nominate them for this visa (not including periods of unpaid leave):
- in the same position they were granted their subclass 482 or subclass 457 visa to fill
- on a full time basis
- in Australia.
If the applicant was granted a visa to work in one of the occupations listed on the relevant legislative instrument, they must have been employed in the occupation they were granted their visa to fill for 2 of the previous 3 years (not including periods of unpaid leave).
Continuity of employment
If your business ownership has changed during the 2 year period - for example due to sale, takeover or restructure - you might still be able to nominate the applicant. You must show that you and the previous business sponsor would be considered the same employer. You must be the applicant's most recently approved sponsor.
Please also note, if your business (or an associated business) has been subject to ASIC action such as being placed under administration, your application may not meet the requirements for approval.
Step 1
Before you apply
Make sure your employee is eligible
Make sure the employee you want to nominate is eligible for this stream of the visa.
If they are not eligible at the time you apply to nominate them, we might refuse your nomination application.
Note: To check your employee's visa status and entitlements:
- your employee can email them to you from VEVO
- if you are registered, you can view them in VEVO
Step 2
Gather your documents
Gathering your documents
Applicant's employment contract
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
Proof your business is actively and lawfully operating
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
Also provide either:
- an 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.
Proof of the subclass 457 or subclass 482 position
Provide a statement declaring that the nominee satisfied their subclass 457 or subclass 482 requirement that they worked:
- if required, full-time in their subclass 457 or subclass 482 visa nominated position
- for the required period
The statement must detail:
- the employment period
- any paid leave taken
- any unpaid leave taken
- any overseas trips for training or work
Also provide:
- PAYG payment summaries for the period of employment
- payslips
- extracts of leave records
Sponsor change documents
If there was a change to the 457 or TSS sponsoring business, show that the nominee worked for the same employer, in the same role and in the same location for the whole 2 year period.
Provide:
- relevant documents relating to the sale, takeover or restructure of the business which clearly demonstrate that the nominee can be considered as having worked for the same employer
- contracts, PAYG payment summaries and evidence of the nominee's reporting lines to evidence that the nominee has worked in the same role and location
Associated business
If the nominee worked for an associated business, show that they worked for the same employer in the same role and in the same location for the period that they worked. Provide:
- documents showing the association between the businesses
- relevant documents relating to the associated business, which clearly shows that the nominee can be considered as having worked for the same employer, and
- contracts, PAYG payment summaries and evidence of the nominee's reporting lines to show the nominee has worked in the same role and location.
Proof you will pay the annual market salary rate
If the applicant will earn less than AUD250,000 per year, prove you will pay the employee 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 the difference.
Where you use an award or agreement to pay your staff, provide a copy of the relevant award or agreement.
Proof you have a genuine need for a paid employee
Businesses seeking to nominate overseas workers for a permanent employer sponsored visa must demonstrate that there is a continuing genuine need to employ a person in the position.
Provide:
- a detailed organisational structure chart
- a detailed position description including specified tasks and duties of the position
- a statement outlining how the position continues to fit into the business activities
Step 3
Apply
Complete your nomination application in ImmiAccount.
Apply
- Complete your nomination application in ImmiAccount. Make sure you nominate the Temporary Residence Transition stream.
- Attach documents.
- Pay the application fee. We will not process your application until you pay the fee.
- Pay the Skilling Australians Fund levy.
- Note the nomination Transaction Reference Number (TRN). Your nominee will need it to apply for their visa.
Step 4
After you apply
Steps to follow after you apply
Attach more documents
If you didn't attach all documents when you applied, attach them as soon as you can in ImmiAccount.
We might also ask you to provide more information.
Tell us if things change
Contact the relevant visa processing office to report changes that could affect your nomination.
When you write to us, include your:
- business name
- ABN or ACN
- Transaction Reference Number (TRN).
Withdraw your nomination application
You can withdraw your application any time before we decide on the nominee'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.
Step 5
Nomination outcome
If your nomination is approved, we will send you a letter containing your nomination approval number.
If your nomination is not approved, we will send you a letter stating:
- why it was refused
- your rights, if any, to a review of the decision and the relevant time limits