Many employers first think about sponsorship when they have a specific person in mind.
A strong performer on a temporary visa.
A candidate they do not want to lose.
Someone referred by a recruiter or existing staff member.
The instinct is to ask, “Can we sponsor this person?”
It is a reasonable question, but it is not where the law begins.
The employer sponsorship framework in Australia follows a specific order:
your business
the role
the person
Understanding this sequence is one of the most important ways to make sponsorship predictable rather than confusing.
Before any individual is considered, the Department of Home Affairs looks at the business itself.
They want to see that:
the business is lawfully and actively operating, not just registered
staff are being paid correctly, with tax and superannuation in order
the workforce is primarily made up of Australian citizens or permanent residents, with sponsored workers supplementing, not replacing, local staff
there is financial and operational capacity to support the proposed role for at least two years at the correct salary level
The business must also hold the correct sponsorship approval. For many employers this is a standard business sponsorship. In some cases, regional agreements such as DAMAs, or particular labour agreements, may be required.
Most of these approvals operate for several years. Once they are in place, they become part of the organisation’s back office, rather than something that is revisited for every individual hire.
Once the sponsorship framework is in place, the next legal step is the nomination. This stage is about the position, not the person.
Key questions include:
Is the role genuine and ongoing, and does it fit naturally within the business
Do the duties align with a recognised skilled occupation, based on the work performed rather than the job title
Is the salary lawful, consistent with awards or enterprise agreements, and in line with how similar roles are paid within the organisation
Labour market testing often sits within this stage. It is not simply a matter of “we advertised and did not find anyone.” The law requires that certain advertising rules are followed, including where jobs are advertised, how long they run, and what must be included in the advertisement.
The employment contract is also examined. It must meet both employment law standards and match what has been put forward in the nomination. Inconsistencies between documents can cause difficulty, even when the intention is sound.
Only after the business and role have been assessed do we turn to the individual.
A proper visa assessment looks beyond a CV and job history. It asks:
Do the person’s qualifications align with Australian standards for the occupation
Is a formal skills assessment required, and if so, which authority is responsible
Do they meet the English language requirements, or do any exemptions apply
Are there health or character considerations that need to be factored into the visa strategy
Personal circumstances also matter. Having a partner or children, or managing a particular health condition, does not automatically prevent sponsorship, but it may influence which visa is appropriate and how the case should be prepared.
This is not something an employer should be expected to determine alone, and it is not something a candidate can reliably assess for themselves.
When employers start with the candidate and move backwards, they often encounter late stage surprises:
a sponsorship framework that was never in place
a role that does not fit program settings
a candidate who cannot meet visa requirements, despite being valued in the business
When they follow the sequence used in law — business, role, person — the picture is clearer much earlier.
They know whether sponsorship is realistic, which pathways are available, and what is required of them before they make commitments.
Sponsorship is not about memorising legislation or navigating the system alone. It is about understanding the structure, then working with the right legal support to move through each stage in the correct order.
If you would like an initial sense of where your business sits at Stage 1, you can start with a simple, high level check:
👉 60-Second Business Eligibility Check
solvi.com.au/hire-international-workers-eligibility-checklist