Avocats spécialisés dans les questions de migration en Australie

Can recruitment agencies sponsor overseas workers in Australia?

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Recruitment agencies can sponsor international workers within Australia using a formal agreement with the Department of Home Affairs called an On-Hire Labour Agreement (OHLA). An On-Hire Labour Agreement differs from traditional business sponsorship as it does allow approved labour hire and recruitment companies to place sponsored foreign skilled workers into positions at their clients’ businesses.

An On-Hire Labour Agreement is a contractual arrangement entered into by a recruitment/labor hire company with the Australian Government. These agreements are usually granted for a period of up to five years and most commonly support labor hire company sponsorship of skilled foreign workers under the Subclass 482 Skills in Demand visa program. Once the formal agreement has been executed, the on-hire company will be subject to specific requirements relating to sponsorship and compliance.

What skilled migration options are available for recruitment businesses?

The Migration Act 1958 provides a variety of statutory pathways in which a recruitment agency can act as an employer in order to bring overseas workers to Australia. The options depend on whether a business intends to be the direct employer of the applicant or if they intend to be an on-hire provider.

Recruitment agencies will have access to the following employer sponsored visas that allow them to attract international talent into Australia:

Subclass 482 Skills in Demand Visa

The Subclass 482 Skills in Demand visa serves as the primary temporary entry point for sponsored skilled professionals. This visa permits approved sponsors to address identified domestic labor shortages by bringing in qualified foreign workers for a period of up to four years, provided the occupation appears on the relevant skilled occupation list or is approved under a formal agreement.

Subclass 186 Employer Nomination Scheme Visa

The Subclass 186 Employer Nomination Scheme visa provides a permanent residency pathway for skilled workers nominated by an Australian employer on a permanent basis. It operates through distinct streams, including the Direct Entry stream for candidates meeting specific qualifications and work experience thresholds, and the Temporary Residence Transition stream, which enables Subclass 482 visa holders who have worked for their nominating employer for a designated period to transition to permanent residence. Permanent skilled migration also has strong workforce outcomes, with over 81% of permanent skilled migrants employed in Australia.

Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa

Designed to address acute labor deficits in regional Australia, the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa allows employers in designated regional areas to nominate foreign workers. This five-year provisional visa provides a pathway to permanent residency via the Subclass 191 Permanent Residence (Skilled Regional) visa, subject to fulfilling regional income and residence requirements.

Conventions collectives

When standard skilled visa pathways cannot accommodate specific business needs, a labour agreement provides a negotiated alternative. Formalised between the Australian Government and an employer or industry body, these agreements enable the sponsorship of overseas workers in non-standard occupations or under modified eligibility criteria, such as tailored English language or age concessions.

Which skilled workers and occupations are commonly recruited from overseas?

Occupation	Typical Visa	Industry
Registered Nurse	Subclass 482Subclass 186	Healthcare & Social Assistance
Ingénieur civil	Subclass 482Subclass 186	Engineering & Construction
Ingénieur logiciel	Subclass 482Subclass 186	Information Technology
Motor Mechanic	Subclass 482Subclass 494	Automotive & Trades
Chef cuisinier	Subclass 482Subclass 494	Hospitality
Early Childhood Teacher	Subclass 482Subclass 186	Education & Childcare

Because recruitment businesses may experience a variety of workforce pressures based on the industries they service, navigating Australia's employer-sponsored migration framework is all the more important, requiring careful planning and compliance.

Whether you are a recruitment agency sponsoring overseas talent or a skilled professional seeking opportunities in the recruitment industry, understanding the latest visa requirements and sponsorship obligations is essential.

When should employers consider a Company Specific Labour Agreement?

Employers should consider a company specific labour agreement when standard skilled visa pathways do not accommodate their unique workforce needs or specific occupations. These tailored agreements with the Department of Home Affairs allow businesses to negotiate flexible sponsorship terms, age exemptions, or lower English thresholds when severe regional or industry skill shortages exist.

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What are the requirements for sponsoring overseas employees?

To obtain approval as a sponsor and nominate overseas candidates under Australian migration law, businesses must satisfy several key legislative criteria:

Genuine position

The employer must demonstrate that the nominated position is genuine, necessary to the business operations, and aligned with the scale and scope of the enterprise.

Labour market testing

Employers must provide evidence of having actively advertised the vacancy within the Australian domestic labor market for a specified timeframe without securing a suitable local applicant, unless international trade obligation exemptions apply.

Exigences salariales

The offered remuneration must meet or exceed the Temporary Skilled Migration Income Threshold (TSMIT) or Australian Market Salary Rate (AMSR), ensuring sponsored workers receive terms no less favourable than equivalent Australian employees.

Approved sponsor obligations

Sponsors must maintain ongoing compliance with statutory obligations, including record-keeping, reporting changes in employment circumstances to the Department of Home Affairs, and bearing mandatory sponsorship costs.

Which Industries Rely Most on International Recruitment?

Recruiters rely on skilled migration to fill vacancies in shortage sectors across Australia, with severe domestic labour shortages increasing demand for global talent in several critical parts of the economy:

Soins de santé

Hospitals, aged care providers, and medical facilities regularly sponsor doctors, registered nurses, and allied health professionals.

La construction

Large-scale infrastructure projects require specialised civil engineers, project managers, and skilled tradespeople.

Ingénierie

Specialised mechanical, electrical, and structural engineers remain in strong demand for major energy and resources projects.

Hospitality

Chefs, cooks, and hotel management personnel are frequently recruited to support the tourism and food service sector.

Exploitation minière

Resources and extraction industries heavily depend on specialised geologists, mining engineers, and technical personnel.

Garde d'enfants

Early childhood educators and center managers are increasingly sponsored to address widespread staffing constraints in early learning facilities.

This is especially true for employers helping migrants secure the chance to work in Australia, particularly in healthcare and engineering, where skilled migration helps fill persistent shortages.

How Our Team Can Support Your Business

Navigating employer sponsorship, standard business approvals, and complex labour agreement negotiations requires careful strategic and legal management. As experienced migration lawyers, we assist recruitment agencies and Australian businesses in establishing robust sponsorship frameworks, ensuring ongoing compliance with the Department of Home Affairs, and preparing decision-ready visa applications to minimise processing delays. Whether your organisation requires advice on negotiating an On-Hire Labour Agreement or managing high-volume employer nominations, we provide tailored legal guidance to protect your commercial interests and support your workforce growth. Reach out to our legal team today to discuss how we can assist your recruitment strategy.