In Australia, the employer-sponsored visa program, including the Skills in Demand (SID) (Subclass 482) visa and the Employer Nomination Scheme (ENS) (Subclass 186) visa, is a vital way for businesses to secure global talent. However, one of the most common points of confusion for both employers and employees is who is legally responsible for the associated costs. Australian migration laws include strict "sponsorship obligations" to ensure that workers are not exploited and that the visa system remains fair. This article explains how these costs are split and what the law requires.

Why Are These Payments Regulated?

The Migration Act 1958 and its regulations seek to prevent "payment for visas." This means businesses cannot sell visa sponsorship for profit, and applicants cannot "buy" a migration outcome. The goal is to protect workers from being forced to pay for their own recruitment or being extorted in exchange for a job in Australia.

Who Pays What?

Fee Type	SID (Subclass 482)	ENS (Subclass 186)
Sponsorship (SBS)	Employer Only	N/A
Nomination Fee	Employer Only	Employer or Employee*
Skilling Australians Fund (SAF) Levy	Employer Only	Employer Only
Recruitment Costs (Ads, agents)	Employer Only	Employer or Employee
Visa Application Fee	Employer or Employee	Employer or Employee
Associated Costs (English, Skills Assessment, Health, Police)	Employer or Employee	Employer or Employee

*Note: While the law allows employees to pay some 186 costs, most employers choose to cover them as part of their recruitment strategy.

Recruitment costs are a "grey area." If an employer offers to pay for a worker’s flights to Australia or their visa application fee to attract them to the job, these become "recruitment costs." If the employer later seeks to reclaim that money because the employee leaves early, they may be found to be in breach of their sponsorship obligations.

Under Regulation 2.87, for the Subclass 482 visa, an approved work sponsor must pay and cannot recover the following costs:

All sponsorship fees to become a Standard Business Sponsor (SBS).
The government fee to nominate the position and the mandatory SAF Levy.
Professional fees associated with the sponsorship and nomination stages.
Any costs incurred to find and hire the worker (e.g., job ads or recruitment agency fees).

The Golden Rule for SC482: The employer cannot ask the worker to pay these fees back, nor can they deduct them from the worker's salary. Even if the worker agrees to pay, the employer is still in breach of their legal obligations.

ENS (Subclass 186) and the "Payment for Visas" Rule

The Subclass 186 visa is treated differently. The strict sponsorship obligations found in Regulation 2.87 (for SC482s) do not apply to ENS nominations. However, both visas are governed by Section 245AR of the Migration Act, which makes it a crime to "ask for or receive a benefit" in exchange for a sponsorship-related event.

What is a "Benefit"?

A benefit includes cash payments, gifts, unpaid work, or salary deductions. For example, an employer cannot say, "I will sponsor you for an SC186 visa if you give me $10,000 cash." This is a serious offence.

What is NOT a Benefit?

The law generally allows the employee to pay for the government statutory charges (nomination and visa fees) and associated legal fees for an ENS SC186 application. The only exception is the SAF Levy, which the employer must always pay.

The Skilling Australians Fund (SAF) Levy

The SAF Levy is a training contribution paid to the Australian Government. For both SC482 and SC186 visas, the law explicitly requires the employer to pay this levy. It is illegal to pass this cost onto the visa applicant under any circumstances.

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Whether you are a business looking to hire or a worker being sponsored, reach out to speak with one of our immigration lawyers for tailored professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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