When Australian employers consider sponsoring a skilled overseas worker under the Skills in Demand (subclass 482) visa or similar employer-sponsored pathways, one of the most important, and sometimes overlooked, criteria are the “at least 1 year of full-time relevant experience within the past 5 years” requirement.

This is a time of application criterion. That means the Department of Home Affairs will assess the candidate’s experience strictly at the point of lodgement. Employers who fail to confirm this requirement in advance risk not only a refusal of the nomination and visa but also significant financial and operational consequences.

Why is it important:

1. Compliance with Migration Regulations
   The Department will not accept experience gained outside of the 5-year timeframe, no matter how extensive or valuable it may be. Even highly skilled candidates can be refused if they do not meet this precise criterion.
2. Financial Implications
   Employers are required to pay the Skilling Australians Fund (SAF) levy upfront when lodging a nomination. This levy can range from thousands to tens of thousands of dollars depending on business size and visa duration. If the application is refused because the applicant does not meet the 1-year requirement, the SAF levy is not refunded. Employers also lose the associated legal and administrative costs.
3. Operational Risks
   Many businesses sponsor overseas workers to fill critical skills shortages. If the application fails, employers are left without the staff they urgently need, causing further disruption and lost productivity.

Example

An employer identifies a talented overseas chef who has:

• Relevant qualifications as a Chef
• 1 year of full-time experience gained 7 years ago; and
• An additional 6 months of experience gained within the past 2 years.

At first glance, this seems like more than 1.5 years of relevant work experience. However, under the regulations, only experience gained within the last 5 years counts toward the 1-year minimum.

In this example, the chef’s 1 year of experience from 7 years ago is not valid for the current application. Only the 6 months within the last 5 years is considered. This means the candidate does not meet the legislative requirement, and the nomination and visa would be refused.

The importance of pre-assessment

To avoid costly refusals, employers should always:

• Verify experience timelines: Confirm that the candidate can demonstrate at least 12 months of relevant, full-time work within the 5 years immediately before application.
• Gather evidence early: Request payslips, contracts, reference letters, or tax records to confirm work history.
• Seek professional advice: Engage a registered migration agent or immigration lawyer to ensure the applicant meets the technical requirements before proceeding with sponsorship.

Conclusion

Sponsoring overseas workers is an investment, in money, time, and the future stability of your workforce. The one-year experience requirement within the past five years is a non-negotiable criterion that can determine the success or failure of a nomination.

By conducting careful checks beforehand, employers can protect themselves from unnecessary refusals, safeguard their financial investment in the SAF levy, and ensure they bring the right talent into their business without delay.

Being proactive about these requirements is not just about compliance; it is about making informed, cost-effective decisions for the long-term success of your organisation.