If you are the employer and intend to lodge a nomination application under one of these programs:
you must attach the documents listed below to your online application using
These documents are required for
all nominations, as well as any additional documents specified for the stream of visa that you are lodging a nomination for.
Written contract of employment
- Employment contract for a full-time ongoing position indicating the salary arrangements, as well as the terms and conditions of employment.
Employment terms and conditions
- Evidence must be provided to demonstrate the
Annual Market Salary Rate (AMSR) as outlined in the relevant legislative instrument –
TSS legislative instruments.
- ensure that supporting evidence is clearly identified and explained. If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR your nomination could be refused
- where there is a difference between the AMSR determined and the proposed salary of the nominee, you must explain why
- if there is no equivalent Australian, it is recommended that you attach a comprehensive written statement outlining how you determined the annual market salary rate, particularly if:
- the nominee's salary is AUD65,000 or less
- the nominee's salary package contains significant allowances and / or non-monetary benefits
- the market salary evidence presented reflects a wide range of salary data, with potentially inconsistent information.
If the information you present indicates that the nominee will be paid less than the AMSR, the nomination will be refused
unless the market salary information provided indicates that a 'salary range' applies to the position and a comprehensive statement has been provided explaining why a salary at the lower end of the range will be awarded to the nominee.
Documents for specific occupations and where caveats apply
If you would like us to take into account broader circumstances when assessing turnover and salary caveats (example: the turnover and salary caveats of an overseas 'parent company'), you should upload a detailed written submission requesting this.
The occupations of Cook, Chef and Café and Restaurant Manager are
excluded from these visa programs
where the position is based in limited service restaurant. Cook and Chef positions also cannot be based in
mass production in a factory setting.
A limited service restaurant includes the following:
- fast food or takeaway food services
- fast casual restaurants
- drinking establishments that offer only a limited food service
- limited service cafes including, but not limited to, coffee shops or mall cafes
- limited service pizza restaurants.
If you are nominating one of these occupations and there is the potential for an assessment to be made that the business operates in a takeaway or fast food environment, you should submit with your application documentation that demonstrates otherwise. Such evidence could include:
- a detailed position description
- an explanatory statement and / or evidence that describes the core activities of your business
- a copy of the menu
- a link to your website
- a floor plan
- photographs of the premises which demonstrate the size and type of café/restaurant that the sponsor is running
- details of food preparation done on the premises
- details of table service provided and the volume of in-restaurant dining
- any other independently verifiable evidence you consider relevant.