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Nomination Process

Guiding employers through the 482 nomination process.

NN
Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026
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Overview

The nomination is a critical step in the TSS 482 visa application process where the employer justifies the need to fill a position with an overseas worker. I work closely with employers to prepare and lodge a robust nomination application that meets all legislative requirements, including Labour Market Testing (LMT) and salary requirements.

A successful nomination application requires demonstrating that the business has a genuine need for the nominated position and that the position is consistent with the nature of the business. I assist employers in preparing the necessary documentation to support the nomination, including a detailed business case, organisational charts, and evidence of the need for the position.

Labour Market Testing (LMT) is a mandatory requirement for most nominations. This involves advertising the position in Australia to demonstrate that no suitable Australian worker is available. I provide guidance on the specific LMT requirements, including the duration and content of the advertisements, to ensure compliance.

The nominated salary must also meet the Temporary Skilled Migration Income Threshold (TSMIT) and be at least the annual market salary rate for the nominated occupation. I assist employers in conducting salary research and preparing documentation to demonstrate that the nominated salary is appropriate.

Key Facts

Genuine PositionThe nominated position must be genuine and consistent with the business.
Labour Market TestingMandatory for most nominations to prove no suitable Australian worker is available.
Market Salary RateThe nominated salary must be at least the annual market salary rate.
TSMITThe nominated salary must meet the Temporary Skilled Migration Income Threshold.
Sponsorship ObligationsEmployers have ongoing obligations to their sponsored workers.

How I Work — Step by Step

1

Nomination Strategy

We begin by developing a clear strategy for the nomination, ensuring all requirements are understood and can be met.

2

LMT and Salary Assessment

I will guide you through the Labour Market Testing process and assist in determining the appropriate salary for the nominated position.

3

Nomination Preparation

I will prepare a comprehensive nomination application with all the required supporting documentation.

4

Nomination Lodgement

I will lodge the nomination application and monitor its progress, keeping you informed every step of the way.

5

Sponsorship Obligations

Once the nomination is approved, I will provide you with clear advice on your ongoing sponsorship obligations.

What I Do

  • Advise on the nomination requirements for the TSS 482 visa.
  • Assist in preparing a strong business case to support the nomination.
  • Provide guidance on conducting compliant Labour Market Testing (LMT).
  • Assist in determining the correct annual market salary rate for the nominated occupation.
  • Prepare and lodge the nomination application on behalf of the employer.
  • Manage all communication with the Department of Home Affairs regarding the nomination.
  • Advise on sponsorship obligations related to the nomination.

Who Is This For?

  • Australian businesses seeking to nominate a skilled overseas worker for a TSS 482 visa.
  • Employers who are unsure about the nomination requirements and process.
  • Businesses that need assistance with Labour Market Testing (LMT).
  • Employers who require guidance on determining the correct salary for a nominated position.

Common questions about

What is Labour Market Testing (LMT)?+
LMT is the process of advertising a position in Australia to demonstrate that you have been unable to find a suitable Australian citizen or permanent resident to fill the role. Specific advertising requirements must be met.
How do I determine the annual market salary rate?+
The annual market salary rate is the salary that an equivalent Australian worker would be paid for the same position in the same location. I can assist you in conducting the necessary research to determine this rate.
What happens if my nomination application is refused?+
If a nomination application is refused, you may have the right to a review of the decision. I can advise you on the prospects of success and represent you in the review process.
Can I nominate a worker for a part-time position?+
Generally, the nominated position must be full-time. However, there may be exceptions in certain circumstances. I can advise you on whether a part-time position may be considered.

Your Visa Was Refused — What Now?

I wrote a free guide covering the 5 most common refusal reasons, your appeal options, and the deadlines you cannot miss. It is the same advice I give clients in their first meeting.

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.

Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

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MyVisa Australia Pty Ltd ABN 65 092 524 359 (service entity for MyVisa Lawyers Pty Ltd ABN 54 607 960 547). Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As a legal practitioner regulated by the New South Wales Law Society, Nilesh is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, MMIA — Head of Practice. Member: Law Council of Australia · Migration Institute of Australia (MMIA) · MIA Character & Cancellation Advisory Board · MIA Disciplinary Committee 2026 · New South Wales Law Society · Australian Asian Lawyers Association · Ku-ring-gai Chamber of Commerce. *Based on publicly available Google reviews. No other individual immigration lawyer in Australia has more reviews, across more locations, sustained over a longer period, with a comparable satisfaction rating.

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