For employers · Mistakes to avoid
14 employer sponsorship mistakes, and how to avoid them
Most refused nominations and most sponsor breaches come from a short list of avoidable mistakes. Here they are, in the order an employer usually meets them, each linked to the full guide.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed on 10 November 2026 · Check the OMARA register
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Before lodging
- Occupation, caveats, salary, ads
- At the start
- Visa first, no cost recovery
- During
- 28-day notices, nominations for changes
- Later
- Renewal, restructures, the 186
The migration agent that other migration agents learn from. WIDEN is an OMARA-approved CPD provider — our training is rated ★4.8 by 40+ registered migration agents.
About the CPD →1. Nominating an occupation the duties do not match
The nomination is assessed on what the person will actually do. A job title chosen to fit a list, with duties from a different occupation, is the most common reason a nomination is found not genuine. Genuine position refusals →
2. Missing an occupation caveat
Some listed occupations carry caveats, for example excluding businesses with turnover under A$1 million or fewer than 5 employees, or excluding certain settings. Check the caveat before advertising. When the occupation does not fit →
3. Setting the salary at the threshold, not the market rate
The salary must meet both the threshold (A$79,423 for Core Skills from 1 July 2026) and the annual market salary rate for the role at your workplace. Benchmarking only to the threshold is a frequent refusal ground. Salary thresholds and the market rate →
4. Running the advertising wrong
Two ads, each at least 4 weeks, within the 4 months before lodging, on acceptable platforms, with the required content. Ads that expire before lodgement or ran only on social media do not count. Check your ads →
5. Letting the worker start before the visa
Unless the person already holds a visa that allows the work, starting them early is an offence for the employer and a problem for their application. Starting before the visa →
6. Hiring another sponsor's 482 worker without a new nomination
A 482 holder can change employer, but only once your nomination is approved. Until then they cannot work for you. Hiring a 482 holder from another employer →
7. Passing sponsorship costs to the worker
The sponsorship, nomination and levy, and agent fees for those steps, cannot be recovered from the worker by deduction, bond or side payment. What a sponsor cannot recover →
8. Missing the 28-day notification
A worker leaving, a change of duties or location, or a change to the business must be notified within 28 days. Ordinary business events trigger it. When a sponsored worker leaves →
9. Promoting or moving a worker without a new nomination
A new role in a different occupation, or a material change, needs a new nomination before the change takes effect. Promotion and change of duties →
10. Cutting hours or pay in a quiet period
Paying below the nominated salary is a breach from the first pay period. There are lawful options, but cutting pay unilaterally is not one of them. Downturns and sponsored workers →
11. Restructuring without re-sponsoring
A new entity, ABN or a sale of the business generally means a new sponsorship and new nominations before the change takes effect. Business sold or restructured →
12. Letting the sponsorship expire
Sponsorship approval lasts five years. Without a current approval you cannot lodge new nominations, including the 186 for a worker you planned to keep. Renewing sponsorship →
13. Missing the 186 timing
For the Transition stream the worker needs 2 years of eligible sponsored employment in the last 3, and the visa must be lodged within 6 months of your nomination approval. Nominating for the 186 →
14. Using the 407 to fill a vacancy
The Training visa is for genuine training, not workforce shortages, and from 12 November 2026 the trainee must apply from outside Australia. The 407 for sponsors →
Check before you lodge
In an employer consultation Keshab Chapagain (MARN 1576536, registered since 2015) goes through your occupation, salary, advertising and timing before you lodge, or through your workers' files if you are already a sponsor. A$330 inc. GST for 30 minutes or A$550 for 60 minutes, credited in full if you engage the practice. You can also run the free compliance self-check.
Book an employer consultation →
In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).
General information, not migration advice. No visa outcome can be promised.
Not sure which visa fits you?
Answer three questions. An automated guide points you to the route that usually applies. General information only.
Book 30 minutes with Keshab.
Keshab Chapagain, registered migration agent (MARN 1576536), reads your situation with you and tells you which route fits, what it costs and what happens next.
Video consultation. A$330 inc. GST for 30 minutes, credited in full if you go ahead. Advice on your own case is given in the consultation, and you leave it with a clear plan in writing.
What you get
- 30 minutes (A$330) or 60 minutes (A$550) by video with a registered migration agent, Keshab Chapagain, MARN 1576536.
- A written summary of your options and next steps after the session.
- What to bring: ABN, what the business does, the role and salary, the candidate’s CV and current visa.
- Prefer no call? The sponsorship readiness check is done in writing, A$550.
Book an employer sponsorship consultation — A$330 inc. GST, credited In writing, no call — A$550
Need 60 minutes, or bringing a partner, employer or documents to go through? Extended consultation, A$550 inc. GST.
MARN 1576536 · practising since 2015 · contact details
Questions we get asked first
What is the most common employer sponsorship mistake?
A nomination whose duties do not match the occupation, or a salary benchmarked only to the threshold. Both lead to refusals that cost the nomination charge and months of time.
Can these mistakes be fixed?
Most can, if caught early: a new nomination, a late notification, a salary correction, or a repaid amount. A refused nomination can usually be reviewed at the Tribunal within 28 days or re-lodged with the gap filled.
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