Webinar Recap: Skilled Migration & Sponsorship: Key Updates and Practical Insights

Migration: 07 May 2026

Author: Bao Ngo , Andy Ellen , Lauraine Nguyen - Our People

Our latest breakfast seminar titled, Skilled Migration & Sponsorship: Key Updates and Practical Insights covered a range of topics, and we have recapped the key insights below.

Skilled migration remains central

The Australian Government has announced that the 2025-2026 Migration Program will be set at 185,000 places, with 132,200 places designated to the Skill Stream. This reflects the ongoing role of skilled migration in addressing labour market shortages, particularly in regional Australia.

For employers, the message is that skilled migration remains a major part of the permanent program, but applications need to be properly planned and supported. Sponsorship is not simply an administrative process. Employers need to understand the relevant visa pathway, salary threshold, market salary requirements and evidence needed to show a genuine business need in order to have the best chance of successful applications.

Salary thresholds are only part of the test

Employers wishing to nominate workers for employer-sponsored visas, including subclasses 482, 494, 186 and 187, must meet current salary requirements. This includes correctly determining the annual market salary rate and ensuring the overseas worker is not paid less than that rate. Home Affairs sets this out as part of the salary requirements for nominating a worker.

From 1 July 2026, the relevant income thresholds for employer-sponsored visa applications will increase by approximately 3.9%. Employers nominating workers for visas such as the subclass 482 Skills in Demand visa and subclass 186 Employer Nomination Scheme visa should confirm which threshold applies before lodging an application. From 1 July 2026, the changes are as follows:

• Core Skills Income Threshold: increases from $76,515 to $79,499,
• Specialist Skills Income Threshold: increases from $141,210 to $146,717

However, meeting the relevant income threshold does not automatically mean the salary is compliant. Employers also need to ensure the proposed salary reflects the annual market salary rate for the role. This means the salary should be supportable based on the role, duties, seniority, location and industry.

Employers should avoid relying on assumptions. Salary evidence may need to be supported by comparable roles, industry data, award information, internal salary structures or financial material. Businesses should also confirm which threshold applies before lodging applications after 1 July, so their applications are not adversely affected by the changes.

Sponsorship as a workforce planning tool

Employer sponsorship is increasingly important for businesses that need to retain skilled workers or fill roles that are difficult to recruit locally. The subclass 482 visa can provide employers with greater certainty by helping them retain key staff for longer periods. This can reduce disruption, recruitment costs and pressure on existing teams, particularly in industries affected by skill shortages or high turnover.

Labour agreements may also be relevant where a required occupation is not available through the standard skilled occupation lists. These agreements can allow businesses or industries to sponsor workers where they can demonstrate a genuine workforce need.

An employee’s pathway also matters

Even where an employer is willing and able to sponsor someone, the employee’s personal circumstances can affect the available pathway. Age, English language ability, qualifications, work experience and partner circumstances may all influence future visa options. For many visas, age can be particularly important, with 45 years old being a key cut-off point.

Some employees may also need to consider whether they want to remain on temporary visas, pursue permanent residency, or explore other pathways such as partner visas. Employers should be aware that sponsorship can support workforce retention, but it may also form part of a broader long-term migration strategy.

Sponsorship applications depend on evidence

Employer sponsorship applications require more than a suitable candidate and a willingness to sponsor them. The business must be able to show that the role is genuine, necessary and properly supported. Labour market testing is often a key part of this process. Employers may need to show that the role was advertised correctly and that the recruitment process was properly documented.

The concept of “genuine need” is especially important. The business should be able to explain why the role is required, why the nominated person fits the role, and how the position supports the business. Common issues include choosing the wrong occupation, weak job advertisements or unsupported salary assumptions.

Not every role fits neatly within the occupation lists

Occupation lists remain important, but they do not capture every role in the labour market. Some occupations may be unavailable, removed or difficult to align with the duties an employer needs performed.

This can create challenges for businesses with genuine skill shortages, particularly where the role does not fit neatly within the standard skilled visa framework. In some cases, labour agreements may provide an alternative pathway where an employer or industry can demonstrate a specific workforce need.

Employers should not assume that a role will qualify simply because it is skilled or important to the business. The nominated occupation, duties and visa pathway need to be considered carefully before proceeding.

Businesses should review sponsorship needs before 1 July

With income threshold changes taking effect from 1 July 2026, businesses considering sponsorship should review their position early. This includes identifying employees who may need sponsorship, checking visa expiry dates, reviewing proposed salaries, and confirming which threshold will apply. Employers should also consider whether the business can support the salary and whether the role can be justified as a genuine business need.

The end of financial year is a useful time to review financial capacity, staffing plans and upcoming visa deadlines. Leaving sponsorship decisions too late can create unnecessary pressure, particularly where labour market testing, salary evidence or nomination documents still need to be prepared.

Sponsorship approval is not the end of the process

Once a sponsorship application is approved, employers still need to comply with their ongoing sponsor obligations. Sponsored workers must continue to perform the nominated occupation, rather than a different or lower-skilled role. Employers must also ensure the nominated salary is paid, superannuation obligations are met, and records are properly maintained.

Changes to duties, business structure or employment arrangements may need to be reported within required timeframes. Regular internal reviews, VEVO checks and calendar reminders before visa expiry can help employers manage these obligations and reduce compliance risk.

Conclusion

Skilled migration remains a major part of Australia’s permanent migration program, and employer sponsorship will continue to be important for businesses facing genuine skill shortages.

However, the upcoming 1 July 2026 threshold changes reinforce the need for early planning. Employers should confirm which income threshold applies, assess the annual market salary rate, prepare evidence of genuine need, and review their ongoing compliance obligations before lodging an application.

For businesses relying on skilled overseas workers, sponsorship can be a valuable workforce planning tool, but it needs to be approached carefully and supported by clear evidence.

Need Assistance with Your Skilled Visa Application?

We know that navigating Australia’s skilled migration process can be complex. A registered migration lawyer or agent can:

• Assess your eligibility
• Advise on points-testing strategies
• Prepare and lodge your EOI and visa application
• Liaise with the Department of Home Affairs and state authorities on your behalf

At Aitken Partners, our migration team assists skilled professionals from Australia and abroad to achieve permanent residency through a range of visa programs

Contact our expert team to discuss eligibility and next steps for yourself or your migration clients.

• Andy Ellen – Senior Immigration Consultant, Aitken Partners
• Lauraine Nguyen – Senior Associate, Aitken Partners
• Moderator: Bao Ngo, Principal Lawyer, Aitken Partners

Click below to watch the webinar recording: 

Migration Webinar Recording Summary

[00:00] Introduction and seminar overview

Bao Ngo welcomed attendees and introduced the April partners’ breakfast seminar on skilled migration and sponsorship. Bao introduced himself as principal lawyer and head of migration at Aitken Partners and set the objective of giving practical, take-away insights for advisers, HR and individuals.

He introduced the panel: Andy Allen, senior migration consultant with 16+ years’ experience, focusing on visa pathways, employer sponsorship and complex matters; and Lauraine Nguyen, senior associate with a broad migration practice including cancellations, unlawful status and AAT/Federal Court review.

[03:21] Significant migration law changes and system “reset”

Andy explained that the current political narrative was not pro-migration, and the government was trying to recalibrate the system to be value-driven, not volume-driven.

He noted visa volumes were closer to 500,000 applications every 28 days, not 20,000 to 100,000 as many assumed. He described how years of layered regulations had made the law highly complex and highlighted a trend towards valuing skilled migration and employer sponsorship, with a continued reset over the next few years. He noted the minimum CSIT salary for sponsorship was moving from $76,500 to almost $80,000 from 1 July.

Andy said businesses post-COVID mainly sought stability and struggled with retaining skilled workers. He framed the subclass 482 SID employer-sponsored visa as a strategic asset, giving employers up to four years of certainty with key staff. He suggested this stability helped businesses manage turnover and workforce planning.

[09:32] Core compliance requirements for sponsors

Lauraine outlined key sponsorship compliance obligations. Sponsored workers had to perform the nominated occupation, not lower-skilled or different roles.

Australian Border Force (ABF) site visits could compare actual duties with the nomination; mismatches could trigger full audits. Example given was marketing manager visa holder, who is actually working as a retail sales assistant on the shop floor. Employers must pay the nominated salary, ensure superannuation was actually paid, and maintain proper records.

With ATO Single Touch Payroll and data-sharing, inconsistencies between ATO data and what was told to Home Affairs for visa applications could trigger scrutiny or audits. Sponsors had 28 days to notify certain events for as business sponsor, such as changes in sponsored employee’s duties, restructures, change of entity or directors.

[12:20] Consequences of non-compliance and practical monitoring steps

Lauraine described sanctions and reputational risk. There was a public register of sanctioned sponsors on the Department of Home Affairs website. Possible outcomes included sponsorship cancellation and sanctions preventing further sponsorship, often around five years for serious breaches.

Lesser responses could include non-compliance notices, undertakings and warnings, depending on rectification. The department could issue infringement notices and civil penalties, up to about $80,000 per breach, which could be severe for small businesses. Lauraine recommended internal audits every three to four months of sponsored staff and visa holders.

She also recommended regular VEVO checks to confirm visa status and work rights. Businesses should check with HR that pay and records align with sponsorship obligations. She suggested setting calendar reminders, such as 90 days before visa expiry, to allow time for advice and action.

[15:02] Skilled visa options and shift away from points

Andy contrasted the historic points-based system, including 189 and 190 visas, occupation lists and points obsession, with the current direction.

He noted the points model was designed around international students and incentivised two years’ Australian study, regional study for additional points, and NAATI or translation tests only available in Australia. The recent review from around 2023 had identified that relying on past history and points did not align well with industry needs. He explained that the 482 employer-sponsored framework focused on what migrants could contribute now and in future, which better matched economic needs.

Andy and also noted that consistent applications for 482 visas may represent a counter-argument to “too many migrants” rhetoric in the media or by social commentators. Because the 482 is directly tied to labour market need (there are not enough workers in Australia for those roles). The 482 can also be a workforce planning tool, to help employers to fill genuine skill shortages within their sector ahead of time, while reducing turnover and repeated recruitment cycles.

[19:04] Misconceptions and the occupation lists

Andy and Bao explored misconceptions, including the belief that obtaining visas was “easy”, when in reality the framework was highly technical. They discussed the need to meet occupation list requirements unless salaries were very high, around $142,000 or more.

Andy traced the evolution from MLTSSL versus STSOL to the Consolidated Skilled Occupation List, which covered around 456 occupations. He highlighted that the list covered only a tiny fraction of the 20,000 to 25,000 professional occupations. Pathways differed between lists, leading to behaviour in the past such as re-labelling cooks as chefs to access permanent residency pathways.

He also said successful applications outcomes were more common in health and allied health, care services, construction and selected trades, and education, such as training to become secondary school teacher, even if they may be an unpopular study choice, compared to accounting or information technology.

[23:18] How and why occupations move on/off the list

An audience member asked about how the list was set and influenced. Andy said Jobs and Skills Australia informed the list, balancing multiple factors. He gave restaurant manager as an example: still in demand economically, but removed from the list due to significant rorting, such as baristas or waiters holding “restaurant manager” visas.

He described the compliance challenge of verifying real duties and suggested some removals functioned as signals to industries to stop gaming the system. He revisited salary pressure in hospitality, noting the difficulty of meeting an approximately $80,000 minimum salary in a sector already under cost strain.

[26:26] Preparing for July changes and EOFY

Lauraine advised that the 1 July TSMIT increase would affect any nominations lodged on or after that date. Businesses considering sponsorship, or with existing staff they might sponsor, needed to start now, allowing at least four weeks lead time for nomination requirements.

With EOFY approaching, businesses should review financials and ensure they could genuinely support the proposed sponsored salaries. She noted that high revenue did not automatically mean enough net profit to sustain higher wages. She stressed the need to review who might need sponsorship soon, and whose visas were expiring, including cohorts expiring around the same time.

[28:49] Labour Agreements and Employer Sponsorship

Andy discussed the increasing importance of labour agreements in employer sponsorship, particularly for retaining high performers and developing business. Specific industries like the meat industry used labour agreements to sponsor skilled workers on four-year visas.

Companies were able to apply for labour agreements if their occupation was not listed or had been removed from the skilled occupation list. Andy highlighted the removal of beef cattle managers from the list, which pushed companies to seek labour agreements.

[31:57] Key Factors for Migrants Choosing Pathways, and Genuine Need.

Lauraine Nguyen emphasised that age was a significant factor, with a cut-off at 45 years old for most visas. English proficiency was crucial, with some labour agreements offering concessions for applicants struggling with English. Andy noted that top-level English and having a skilled partner increased the chances of being invited for permanent residency visas.

Bao Ngo introduced the concept of “genuine need” in employer sponsorship, which often surprised clients. Andy explained the history and importance of labour market testing, which required businesses to prove they had advertised the position.

Lauraine described the complexity of recruitment summaries and the need to justify why a specific person was being sponsored. The concept of “genuine need” was crucial, especially for small businesses, to justify the necessity of a position. Andy highlighted businesses’ frustration at having to advertise roles they had effectively already filled.

[38:05] Salary Requirements and Market Rates

Andy and Lauraine discussed the importance of paying market salary rates to avoid visa refusals. Lauraine noted that salaries for chefs varied widely, making it difficult to justify high salaries outside fine dining. Bao mentioned the role of long-standing accountants in providing reports and projections to justify salary levels. The conversation touched on balancing values-based and skills-based migration.

[40:44] Future of Skilled Migration and Values-Based Assessment

An audience member asked a question about the future of certain jobs (and skill requirements) given advances in robotics and AI. The discussion shifted to the importance of skills requiring human creativity, such as teaching. Andy noted the existing skills points test may be insufficient and suggested focusing on the actual practice of skills in Australia. The group highlighted the need for immigration to justify skilled migration based on vacancies and genuine skill shortages.

[43:57] Retention and Specialised Skills

Lauraine explained the importance of retention for businesses with high staff turnover. Specialised skills were often difficult to find locally, making sponsorship necessary. They discussed the pros and cons of sponsoring employees versus leaving positions vacant. Bao asked about the impact of role changes on visa holders, and Lauraine emphasised the need for immediate advice when roles changed.

[46:59] Common Mistakes in Sponsorship

Andy listed common mistakes, including choosing the wrong occupation and not meeting market salary requirements. Proper labour market testing was identified as crucial to avoid visa refusals.

The panel highlighted the importance of comprehensive, compliant job advertisements. Andy pointed out that labour market testing is often the as the most time-consuming step in successful applications.

[48:59] Pathways for Visa Holders After the 482 Visa

An audience member asked about pathways for visa holders who did not want permanent residency.

Andy explained that some visa holders could remain on successive 482 visas indefinitely, provided their roles, salaries, and “genuine need” remained consistent. Lauraine suggested using that time to explore other visa pathways, such as partner visas. They discussed the challenge of balancing temporary visas with long-term career and life goals.

[54:12] Non-Discriminatory Policies and Working Holiday Visas

Andy discussed immigration’s stated non-discriminatory policy, using the Working Holiday Visa as an example. The panel highlighted differences in requirements for various nationalities, such as those from the UK compared with other countries.

Lauraine suggested checking online documents for Student visa requirements based on the applicant’s country of passport. The discussion emphasised understanding how these policy settings affected real applications and experiences.

The discussion moved on to point out that after individuals have been in the country for many years, that a partner visa is often the next logical step as an extension of their career, and the panel noted that they could probably do an entire seminar just on partner visas. However Andy pointed out the large number of partner visa applications and long wait times (around 4 years).

[58:10] Conclusion

Bao thanked the panellists and attendees for participating.