Sponsor Hospitality Workers — 2026 Guide

How Australian restaurants, cafés, hotels, and bakeries sponsor overseas chefs, cooks, and managers under the 482 Skills in Demand visa and the 186 Employer Nomination Scheme. Includes ANZSCO occupations, Fair Work and wage compliance, and the specific Departmental scrutiny patterns affecting hospitality nominations.

MARN 1576536 · Verifiable at mara.gov.au

Hospitality is a scrutinised sector. The Department of Home Affairs and Fair Work Ombudsman have documented systemic compliance issues in hospitality — sham contracting, wage underpayment, sponsorship cost recovery from workers. Sponsorship in hospitality is viable but requires rigorous compliance from the start. This page describes the typical landscape but does not constitute migration advice (s 23, Migration Agents Code of Conduct 2022).

Hospitality occupations commonly sponsored

Chef (ANZSCO 351311) — supervisory cooking role. Plans menus, controls food production, supervises kitchen staff. Typically Certificate IV qualification + supervisory experience. Generally on the Core Skills List.
Cook (ANZSCO 351411) — prepares meals to set recipes under supervision. Typically Certificate III qualification. Heavily scrutinised — distinguish carefully from Kitchen Hand (lower skilled, not sponsorship-eligible).
Cafe or Restaurant Manager (ANZSCO 141111) — operations and staff management role. Requires evidence of genuine managerial responsibilities, not just a senior server title.
Hotel or Motel Manager (ANZSCO 141311) — manages operations of a hotel or motel facility.
Pastrycook (ANZSCO 351112) — specialist baking role.
Bakery Production Manager (ANZSCO 133511) — manages bakery operations.

The critical distinction: Chef vs Cook

Most refused hospitality nominations come down to one issue — the role being nominated as a Chef is actually a Cook, or the role being nominated as a Cook is actually a kitchen hand. The Department compares the position description, kitchen size, menu complexity, supervisory responsibilities, salary, and qualifications required to assess whether the claimed occupation is genuine.

If the nominated salary is at the low end of TSMIT and the kitchen has two staff, claiming a Chef position is unlikely to succeed. If the role primarily executes set recipes under another chef's direction and includes washing-up duties, a Cook nomination is appropriate (not Chef). Getting the ANZSCO code right is the foundation of a successful nomination.

Visa pathways for hospitality

1. 482 Skills in Demand — Core Skills stream

The most common pathway. Up to four years' duration. Standard Labour Market Testing applies. Salary must meet TSMIT, AMSR, and the relevant Fair Work modern award. The 482 → 186 TRT pathway provides PR after typically 2–3 years with the same sponsor.

2. 482 Skills in Demand — Specialist Skills stream

For senior hospitality roles where the salary meets the Specialist Skills threshold (currently around $135,000+ — confirm current threshold). Often relevant for Hotel/Motel Managers and senior Cafe or Restaurant Managers in larger establishments.

3. 186 Employer Nomination Scheme

Permanent residence. Available via Direct Entry (with skills assessment) or via the Temporary Residence Transition stream after the worker has been on the 482 with the same sponsor.

4. 494 Regional Sponsored Visa

For hospitality businesses operating in designated regional areas. Broader occupation list and pathway to PR via the 191 after three years.

5. Designated Area Migration Agreements (DAMAs)

Several DAMAs include hospitality occupations with concessions on age, English, and salary. The Northern Territory DAMA, certain regional NSW and VIC agreements, and other regional DAMAs have hospitality-specific terms. Worth investigating for any business outside the major capitals.

Specific compliance points for hospitality

Modern award compliance. Hospitality wages are governed by the Restaurant Industry Award 2020, the Hospitality Industry (General) Award 2020, and related instruments. Salary offered must meet the higher of TSMIT, AMSR, and the award rate. Underpaying is both a Fair Work Act issue and a sponsorship breach.
Cost recovery prohibition (Regulation 2.87). Cannot recover the SAF levy, SBS fee, nomination fee, or sponsorship-related migration agent fees from the worker. Hospitality is a focus area for sponsorship cost recovery enforcement — multiple businesses have been investigated and penalised. Strict separation of sponsor-paid and worker-paid items is essential.
Written employment agreement. Many hospitality nominations fail because the employment agreement is verbal, vague, or inconsistent with the nomination claims. The agreement should be in writing, signed before lodgement, and accurately state the role, salary, hours, and conditions.
Genuine position test. The Department reviews kitchen size, menu, organisational chart, payroll history, and turnover to assess whether the nominated role is genuinely needed. A nomination for a Chef in a kitchen with no junior staff for the Chef to supervise faces immediate scrutiny.
No sham contracting. Workers on a 482 must be employees, not contractors. Engaging a sponsored worker on a contractor arrangement is a Fair Work issue and a sponsorship breach.
Pay slip and time-record discipline. Payroll records must reflect the contracted role, classification under the relevant modern award, and hours actually worked. Pay slip discrepancies are commonly cited in monitoring action.

Common refusal reasons in hospitality

Role nominated as Chef where the kitchen is too small or simple to support a Chef-level role
Salary set at TSMIT minimum where the AMSR or award rate is materially higher
Employment agreement not in writing or inconsistent with the nomination
LMT advertising not compliant (wrong channels, insufficient duration, missing prescribed content)
Position description vague — does not establish what the role actually involves
Business financial records suggesting capacity to pay the offered salary is doubtful
Sponsorship history shows prior cancelled or under-paid nominations

Discuss your hospitality sponsorship

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Frequently asked questions

Which hospitality occupations can be sponsored in Australia?

The most commonly sponsored hospitality occupations are Chef (ANZSCO 351311), Cook (ANZSCO 351411), Cafe or Restaurant Manager (ANZSCO 141111), Hotel or Motel Manager (ANZSCO 141311), and Bakery Production Manager (133511). Pastrycook (351112) is also sometimes sponsored. Each occupation has different visa list eligibility — Chef typically qualifies for the Core Skills List, Cook eligibility varies and Cook nominations face more scrutiny. Confirm current list inclusion for your specific occupation before lodgement.

What's the difference between a Chef and a Cook for sponsorship?

ANZSCO defines a Chef (351311) as a person who plans menus, controls food production, supervises kitchen staff, and exercises significant judgement on cuisine — typically requiring Certificate IV-level training and supervisory experience. A Cook (351411) prepares meals to set recipes under supervision and typically requires Certificate III-level training. The distinction matters because the Department scrutinises Cook nominations carefully — many Cook nominations are refused on the basis that the role is actually a Cook and not the Chef-level position claimed. Misclassifying the role triggers s 109 risk for the worker and breach risk for the sponsor.

What salary does a sponsored hospitality worker need to be paid?

The salary must meet the higher of (a) the TSMIT — the Temporary Skilled Migration Income Threshold — which is set in regulation and adjusted periodically, (b) the Annual Market Salary Rate (AMSR) for the role in the region, and (c) the relevant Fair Work modern award (typically the Restaurant Industry Award 2020 or Hospitality Industry (General) Award 2020). Hospitality has been a focus area for wage underpayment investigations — strict compliance is non-negotiable, and Fair Work Ombudsman action can directly trigger sponsorship compliance action.

Why is hospitality sponsorship more closely scrutinised than other industries?

The Department of Home Affairs and Fair Work Ombudsman have documented systemic compliance issues in the sector, including sham contracting, under-payment, cash-in-hand arrangements, and use of sponsorship to obtain visas for workers performing different roles. Nominations for hospitality occupations frequently attract Departmental requests for evidence of business genuineness, payroll records, and clear position descriptions. Sponsors should expect Departmental scrutiny and prepare evidence accordingly.

Is there a Hospitality Industry Labour Agreement?

There are specific Designated Area Migration Agreements (DAMAs) in some regions that include hospitality occupations with concessions on age, English, and salary (e.g. the Northern Territory DAMA and certain regional NSW and VIC DAMAs). There is no industry-wide Hospitality Industry Labour Agreement equivalent to the Aged Care Industry Labour Agreement at the national level. Confirm DAMA availability for your specific region with the relevant Designated Area Representative or via the Department of Home Affairs.

Can I sponsor a worker on the Cook occupation?

Yes, but with caveats. Cook (351411) appears on the Core Skills List but Cook nominations are scrutinised carefully. The Department often pushes back where the role is genuinely lower-skilled than the Cook ANZSCO description suggests. A Cook nomination needs to clearly evidence the Certificate III qualification (or equivalent), the meal-preparation and recipe-execution responsibilities, and a salary that matches a Cook role (not under-paid). Many businesses that initially intended to sponsor a Cook end up either nominating a Chef (where the position genuinely supports it) or going through a Hospitality DAMA pathway.

Can a restaurant or café recover the SAF levy or sponsorship costs from the worker?

No. Migration Regulation 2.87 prohibits a sponsor from recovering the SAF levy, the SBS application fee, the nomination application fee, and migration agent fees relating to sponsorship and nomination from the worker. Cost recovery breaches in hospitality have been the subject of multiple Departmental enforcement actions, often combined with Fair Work investigations into wage underpayment. The sponsor and worker should each have separate, written engagement on costs and salary.

How long does sponsorship take for a hospitality worker?

Indicative end-to-end timing: SBS approval 1–4 months (faster if already approved), 482 nomination 1–3 months, 482 visa application 2–6 months. Cook nominations often take longer due to Departmental requests for additional evidence. End-to-end for a Chef worker not yet in Australia: 4–8 months. If LMT advertising is required (most non-exempt cases), add 28+ days for the campaign before nomination lodgement.

What is Labour Market Testing for hospitality?

Most 482 nominations in hospitality require LMT — advertising the role through two prescribed channels for at least 28 days before lodging the nomination. The advertisements must comply with prescribed standards (specific content requirements, channel requirements, and timing). Pre-identifying a candidate before LMT is common but the LMT campaign still has to be genuine — running LMT as a tick-box exercise after you've already decided on the worker is a flag for the Department.

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General information only. This page describes the typical hospitality sponsorship landscape. It does not constitute migration advice (s 23). Migration advice is provided by Keshab Chapagain (MARN 1576536) only after a paid initial consultation under section 43 of the Migration Agents Code of Conduct 2022, with a written service agreement issued before further work commences (section 42). The OMARA Consumer Guide is provided to all clients before the consultation begins.

Fair Work compliance. Hospitality sponsorship requires strict compliance with the Restaurant Industry Award 2020, Hospitality Industry (General) Award 2020, the Fair Work Act 2009, and related instruments. WIDEN's role is the migration paperwork; the sponsor's underlying employment law obligations remain with the business and may warrant separate professional advice from an employment lawyer or workplace adviser.

Sponsorship cost recovery prohibition. Under Migration Regulation 2.87, sponsors cannot recover the SAF levy, SBS application fee, nomination application fee, or migration agent fees relating to sponsorship and nomination from the worker. Hospitality is a focus area for enforcement — multiple penalties have been issued for cost-recovery breaches combined with wage underpayment.

Outcomes cannot be guaranteed by any registered migration agent (s 15). Fees are fair and reasonable, quoted in writing after initial review (s 46). PI insurance held under Migration Agents Regulations 1998. Complaints via our Complaints Policy or OMARA.