SBS and Nomination Checklist – Employer nominated – 482/186 (all streams) 01/03/2024

SBS Checklist

Note– Please note that for 186, SBS is not required, for 186 please refer to nomination.

Important Update (02/04/2024): For the 407 Training Visa, employers need to be approved as Temporary Activities Sponsors instead of Standard Business Sponsorship (SBS). The documents you will need to provide for this sponsorship process are the same as what was required for SBS.

• an Australian Business Number (ABN) registration certificate if you are an Australian-based employer
• an Australian Registered Body Number (ARBN) registration certificate if you are an overseas business registered to operate in Australia
• evidence of registration in the country you operate in if you do not currently operate in Australia

If your business has a registered business or trading name, provide a copy of the Business Names Details extract from Australian Securities and Investment Commission’s (ASIC) business name register.

If your business is a company, provide either:

• an Australian Securities and Investment Commission (ASIC) company extract (listing registration details for the Australian Company Number)
• an Australian Stock Exchange (ASX) listing registration (if applicable)

Trusts, joint ventures and franchises

If applicable, provide the signature page of, and the pages listing the parties, to:

• a trust arrangement
• franchise
• joint venture arrangement

If your business is party to a trust arrangement:

• submit your application in the name of the trustee as it appears on the trust deed
• specify the trust name and trust ABN in your application

• profit and loss statements
• annual report for the most recently concluded financial year
• a letter of support from a qualified accountant who is CPA, CA or Institute of Public Accountants (IPA) registered
• a letter of support from a reputable financial institution that clearly summarises your organisation’s ability to meet its financial responsibilities.

If you are a small or a recently established business, provide:

• tax returns for the most recently concluded financial year
• recent business activity statements (BAS)
• recent bank statements.

If you are a new business, provide, as a minimum, a business plan that includes:

• contracts to provide services to the business
• business bank statements covering the period of operation

As a new business, you can also provide:

• contract of sale relating to the purchase of the business where settlement has occurred
• lease agreement relating to business premises
• evidence of employment of staff
• business activity statements (BAS) for each complete quarter from commencement of operations

If your business is not yet operating in Australia, show your intention to set up in Australia or that you have a contractual obligation to set up in Australia:

• a company or business expansion plan
• an agreement to enter into a joint venture
• a contract between you and a party in Australia

Nomination Checklist – Common Requirements – 482 & 186 (all streams)

Notes on employment contract

1.       the successful applicant should not be chosen before the 4 weeks of adds expire. No decision on who the successful applicant is, should be made until the end of 4 weeks from the date of first publication. Otherwise Immigration may argue that the advertising was not genuine.

2.      The contract of employment must specify that the employment subject of the visa will commence after the visa is granted.  After that 4 weeks expires the successful applicant could start work before the visa  grant on a informal basis but the formal contract should provide that the employment pursuant to that contract does not commence until after the visa is granted.

3.      Terms and conditions of employment will not expressly exclude extending the period of employment.

4.       The position is full time, ongoing and available for at least 2 years.

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)

NOTE

Additional DE considerations

When assessing ‘genuine need’ for nominations in the DE stream, the need may arise for decision makers to also consider additional factors to establish that there indeed exists a genuine need for nominated person to be employed in the nominated position. These factors may include:

•  any demonstrated increases in business activity;
•  any demonstrated plans for future expansion;
• overtime being undertaken by employees;
• the position has existed and been previously occupied but has become vacant through attrition;
• evidence the position can only be filled by a foreign worker (but note: PESE has no formal labour market testing);
• the position is currently occupied by a temporary visa holder;
• has the position been created to gain a migration outcome.

• 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
• Financial report prepared by an accountant (not in – house MYOB)
• 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.
• ABN/ACN
• Company Annual Report
• Detailed Business Plan
• Bank Statements – look for recent payments/expenditure.
• Contract of Sale relating to the purchase of the business
• Evidence of Bank Loans/overdrafts
• Correspondence with suppliers/industry bodies/advertisers
• Asset purchases – recent purchases by the business reflects business activity.
• Contracts/Work orders – reflects ongoing business activity.
• Evidence of employment of staff
• Apprenticeship/training agreements – reflects ongoing employment of staff.
• Advertisements/promotional information
• Registration with Industry Associations

Financial evidence

Types of financial evidence include:

• financial reports (profit and loss statement / statement of performance, annual report);
•  balance sheet / statement of position;
• tax return;
• Business Activity Statements (BAS);
• bank statements showing business transactions.

While financial documents should be ‘recent’, it’s important to note

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.

LIST OF ANY CAVEATS THAT APPLY TO OCCUPATIONS ARE MENTIONED IN SKILLED OCCUPATION LIST.

Documents for occupations with caveats

We exclude the applicability of some positions in certain occupations because the company turnover or the annual salary falls below specified thresholds. If the occupation you want us to consider has such an exclusion, you must explain why. You must do so in writing. Examples of reasons can be:

• the turnover of the overseas ‘parent company’ meets the requirements
• the nominee will receive other benefits as well as their salary

Cook, chef and café and restaurant manager

You can’t nominate someone for the position of cook, chef or cafe and restaurant manager if the following caveats apply:

• The position is in a factory doing mass production
• The position is in a limited service restaurant.  A limited service restaurant includes:
  • fast food or takeaway food services
  • fast casual restaurants
  • drinking establishments that offer only a limited food service
  • limited service cafes, for example coffee shops or mall cafes
  • limited service pizza restaurants

If your business is one of the types listed above, and you believe your business needs someone in the nominated occupation, you must show us how why. Evidence to explain why you need someone in the nominated occupation can include:

• the detailed position description
• an explanatory statement and / or evidence describing the core activities of your business
• a copy of the menu
• a link to your website
• your floor plan
• photographs of the premises which shows the size and type of your café/restaurant
• details of food preparation done at your business
• details of table service provided and the volume of people eating at your business
• any independently verifiable evidence you think is relevant

Adverse information is unfavourable information that could impact on your suitability as an approved sponsor.

Adverse information is information that could affect your suitability to:

• be an approved sponsor, or
• nominate someone for a visa.

Adverse information could be about:

• you
• your organisation
• someone associated with you or your organisation.

How adverse information affects sponsorship.

Anything adverse we learn about you affects our decision on your sponsorship if it:

• raises doubts about whether you are suitable to be a sponsor.
• relates to something that happened in the previous 3 years.

What we might do about adverse information

We might:

• refuse your application to become an approved sponsor.
• refuse your application to sponsor or nominate a visa applicant.

If you are already an approved sponsor, we might:

• cancel your approved sponsorship.
• apply administrative sanctions.

What we consider adverse

We consider it adverse if you or your organisation has become insolvent under the Bankruptcy Act 1966 and the Corporations Act 2001.

We also consider it adverse if, in relation to a Commonwealth, state or territory law, you or your organisation:

• has been found guilty by a court of an offence.
• has been found to have contravened the law by a competent authority.
• has been the subject of administrative action, including being issued a warning, by a competent authority.
• is being investigated.
• has been subject to disciplinary or legal action.

The Commonwealth, state or territory law must relate to:

• discrimination
• immigration
• industrial relations
• occupational health and safety
• people smuggling or related offences.
• slavery, sexual servitude, and deceptive recruiting
• taxation
• terrorism
• people trafficking or debt bondage.

Some adverse information is unlikely to affect our decision. For example, it is not relevant if we learn your business was fined for operating an unregistered vehicle on a public road. But it would be relevant if we learn your company director is being investigated for people trafficking offences.

482 Nomination specific documents

• full name
• date of birth
• Transaction Reference Number (TRN), Application ID or Visa Grant Number for all visas they already hold or have applied
• the postcode relating to the location of the nominated occupation. The location provided should be where the position is actually going to be performed, not the head office location of the sponsoring company

names of all known members of the family unit who will accompany them. If your nominee is an existing TSS or subclass 457 visa holder and you do not want to include their family member who currently holds a TSS or subclass 457 visa in the nomination application form, you must outline your reasons for not including them.

• the Annual Market Salary Rate (AMSR) for the position
• at a rate equal (excluding benefits) to the Temporary Skilled Migration Income Threshold (TSMIT)

or

• the employee an annual salary of AUD250,000 or more

The visa programs can’t be used to lower operating cost. Overseas workers must have similar work agreements to local workers. If you are paying the nominee less than the AMSR we will probably refuse the nomination.

If the overseas worker will be paid an annual salary less than AUD 250,000 you need to show:

• you have determined the AMSR correctly.
• the overseas worker will not be paid less than the AMSR, that is, less than an Australian worker would be paid
• both the AMSR and what the overseas worker will be paid, excluding any non-monetary benefits in both cases, is no less than the Temporary Skilled Migration Income Threshold (TSMIT).
• conditions must not be less favourable than the conditions that would apply to an Australian citizen or permanent resident

The Temporary Skilled Migration Income Threshold (TSMIT) is currently set at:

AUD 53,900 for Nomination applications lodged up to and on 30 June 2023

AUD 70,000 for Nomination applications lodged on, and after 1 July 2023.

Both the AMSR for the nominated occupation and the guaranteed annual earnings you will pay to the worker must be at least as much as the current TSMIT.

The TSMIT does not include non-monetary benefits such as accommodation or a car. Employers must pay such benefits in addition to the TSMIT.

The Annual market salary rate (AMSR) is determined by looking at:

• what an equivalent Australian worker is paid
• enterprise agreements or industrial awards
• job outlook information
• advertisements for the last 6 months in the same location
• remuneration survey or advice from unions or employer associations.

Determining the AMSR

Where there is an equivalent Australian worker

The AMSR is what you are paying this worker.

If the worker’s salary is based on an enterprise agreement or industrial award, you provide:

• the name of the agreement or award as recorded by the Fair Work Commission, where applicable and
• the salary level or occupation group that applies to the nomination.

If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, provide:

• copies of relevant employment contracts and
• pay slips for this employee.

Note:

• An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee.
• If you intend to pay the nominated overseas worker less than the equivalent Australian worker, we will refuse the nomination.
• If you provide only generic market salary data or salary surveys, we will refuse the nomination.

Where there is no equivalent worker but there is an enterprise agreement or industrial award

Provide:

• the name of the agreement or award as recorded by the Fair Work Commission, where applicable and
• the salary level or occupation group that applies to the nomination.

Where there is no equivalent worker, agreement or award

You must determine and then show us what the AMSR is.

Explain how you used relevant information to determine what you will pay the equivalent worker. Relevant information could include at least two of the following:

• Job Outlook information
• advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area)
• remuneration surveys completed by a reputable organisation
• written advice from unions or employer associations.

Citizen, national and permanent residents of selected countries

Send us a copy of the personal details page of their passport or citizenship certificate if their nominee is a citizen / national of:

• China
• Japan
• Thailand
• Chile
• South Korea
• New Zealand
• Singapore

Send us a copy of the nominee’s permanent resident status if your nominee is a permanent resident of:

• Chile
• South Korea
• New Zealand
• Singapore

Nominee is an employee of an associated entity of your business

The associated entity has to be in one of the following countries:

• Brunei
• Cambodia
• Chile
• China
• Indonesia
• Japan
• Laos
• Malaysia
• Myanmar
• New Zealand
• Philippines
• Singapore
• South Korea
• Thailand
• Vietnam

We will need the following documents:

• copy of the employment reference on the company letterhead, stating who your nominee works for
• copies of your nominee’s current payslips or employment contract
• company registration documents showing that the association of the two companies

Responsibility for the company’s operations

If the nominee manages all or a large part of the company’s operations, show us

• the company organisation chart showing the position names and occupation
• a detailed job description / duty statement

Nominee is from a WTO member country

If your nominee is a citizen of a WTO member country and has worked for you in the nominated position for the last 2 years, give us:

• a copy of the personal details page of their passport or citizenship certificate
• copy of their employment contract or letter of offer with the date they started working for you

407 Nomination Specific Documents

Note – After you have been approved to be a Temporary Activities Sponsor, you must then carry out the nomination process for the proposed candidate. The 407 nomination process requires these documents only.

• Form 1283 Acknowledgement of unpaid placement—visa applicant (131KB PDF)
• Form 1284 Acknowledgement of unpaid placement—sponsor (136KB PDF)

The forms should only be completed if you are satisfied that you will not be entering into an employment arrangement with the visa applicant:

• An employment contract can arise even when a person agrees not to be paid wages for the work/training they do
• In cases where a person is actually an employee, they are entitled to pay and conditions under the Fair Work Act.
• You should make independent enquiries and, as appropriate, provide evidence that the proposed unpaid placement is lawful.

• a copy of the training contract or agreement, include pay if the visa applicant will be an employee*
• details of all periods and places of training. This includes on-the-job training, classroom-based training and supervised work activities
• a letter from an Australian Commonwealth Government agency if they support you engaging other organisations to train the nominee
• a statement confirming the nominee has functional English language skills to take part in the training
• copies of the nominee’s registration or licence, required for the training

* An employment contract can arise even when a person agrees not to be paid wages for the work/training they do.

• state the nominated training is necessary for the nominee to get registration, membership or licensing to work in the occupation
• name the person nominated for the training

You must also give us a copy of the nominee’s relevant qualification and curriculum vitae (CV).

If you are a health practitioner treating patients as part of your occupational training you should:

• have a letter from the relevant registration authority, or
• regulatory body stating the nominee has conditional registration for the training

15) Occupational training to improve skills in an eligible occupation

• a copy of the nominee’s relevant qualifications and CV
• a copy of the structured workplace-based training program. The training program should include:
  • an assessment of the nominated trainee’s current level of skill in the identified occupation
  • specifically tailored training needs analysis and learning outcomes, including how they will be monitored and assessed
  • the tasks to be completed should include timeframes for completion, and show and increase in difficulty and complexity over the course of the training program
  • details of all supervisors, trainers and assessors, including their qualifications and experience

If you are a health practitioner treating patients as part of your occupational training you should:

• have a letter from the relevant registration authority, or
• regulatory body stating the nominee has conditional registration for the training

• a copy of the nominee’s relevant qualification and CV
• a copy of the structured workplace-based training program or professional development program (as applicable)

Workplace –based training programs must be specifically tailored to the learning needs of the nominee and should include:

• an assessment of the nominated trainee’s current level of skill in the identified occupation
• a training needs analysis and planned learning outcomes, including how they will be monitored and assessed
• the tasks to be completed should include time frames for completion, and show and increase in difficulty and complexity over the course of the training program
• details of all supervisors, trainers and assessors, including their qualifications and experience

You must also give us one of the following:

• Overseas qualification –  provide a letter from the nominee’s education provider in their home country. It should state that practical experience, research or observation is needed for the nominee’s course.
• Government support –  provide a letter of support from a government agency in Australia or the nominee’s home country. This letter should state the training promotes international capacity building.
• Professional development – provide:
• • a signed letter from the nominee’s overseas employer. Include the nominee’s current position with the employer
  • evidence of how the occupational training program will provide skills and expertise relevant to the employer’s business and the nominee’s development
  • a statement confirming you are satisfied the nominee will be doing the professional development training. Also include if the nominee has relevant managerial or professional skills. Please tell us if they have the experience to participate in the program

186 Nomination specific documents (DE and TRT only)

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.

186 Nomination – TRT STREAM SPECIFIC

• 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

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

• 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.

Labour Market Testing

(Not specifically asked in 186, but will add weight to genuine need criteria)

Recruitment summary and evidence of advertisement for each nominated positions

1. samples of advertisements, receipts for advertisements and results of advertisements in newspapers, online platforms, professional journals, industry newsletters etc (we have 4 online platform advertisements)
2. contracts with recruitment agencies
3. evidence of participation in job search programs / activities (if any). (Community Consulting Australia Doc)

Must meet Australian Government Labour market testing requirements.

The advertising of the nominated position must meet all of the requirements below:

• the advertisement was in Australia, in English and included the following information:
  • the title or a description of the position
    Note: multiple positions in one advertisement is acceptable.
  • the skills or experience required for the position.
  • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor.
  • the salary for the position – if the annual earnings for the position are lower than AUD96,400
    Note: it is acceptable to publish a salary range (for example, AUD80,000 to AUD90,000).
  • the period within which labour market testing is required to be undertaken in relation to a nominated occupation is the period of 4 months ending on the day on which the nomination form in relation to the nominated application is lodged.

• at least 2 advertisements were published in any of the below:
  • on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia
    • industry specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising (Industry specified advertisements require)
    • a general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods. LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes.
  • in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia)
  • on national radio with national reach
  • on the business’ website if the sponsor is an accredited sponsor.
• advertisements, including on websites, are expected to have run for at least 4 weeks (start and end dates of advertisement required)
• applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks.

Note:

• the nominated position may be advertised in the same medium (such as newspaper advertisements, on two separate occasions) or in any two different mediums simultaneously, or on two separate occasions
• advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves.

In addition to meeting minimum evidentiary requirements outlined below, under policy, the following factors would add weight to an assessment that such efforts have been made (Required):

• evidence of significant domestic recruitment activities has been provided which demonstrates that the organisation has advertised for a long period with significant coverage;
• the organisation has used Jobactive and or participated in DESE programs;
• the organisation has provided evidence of staff development and/or retention strategies, and explained issues with staff turnover;
• there is detailed information available regarding the reasons why any applications received from Australian workers were rejected/not suitable.

Requirements for nominations lodged on or after 1 October 2020

In September 2020, the Australian Government introduced new labour market testing measures for employer sponsored applications.

In addition to the 2 advertisements mentioned above:

• the nominated position must be advertised on the Government’s Workforce Australia website
• the Workforce Australia advertisement must have included all of the information required to be included in the other 2 advertisements mentioned above.
• Workforce Australia advertisements are expected to have run for at least 4 weeks.
• applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks.

Note: advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves

Evidence of a total of 3 advertisements, including an advertisement published on the Government’s Workforce website, must be provided at the time the nomination is lodged.