Written by Immigrad · Registered Migration Agent · MARN 1805710 · Last updated October 2026
No. There is no legal requirement for an employer to use a registered migration agent to sponsor a worker. A business can generally prepare and lodge its own sponsorship and nomination applications. Many employers still engage an agent to review eligibility and evidence before lodging, because errors can delay or jeopardise an application.
The rule that matters is about who may be paid for help. Under the Migration Act 1958, only registered migration agents, Australian legal practitioners and exempt persons can lawfully give immigration assistance. If a business chooses to get paid professional help, that person should be registered, and the registration should be checked before any fees are paid.
What the choice usually comes down to
Lodging directly keeps professional costs down, but the business carries the full responsibility for getting the eligibility criteria, labour market testing evidence, salary and position details right. Engaging an agent adds a professional fee, and in return the employer gets an independent check against the current legislation and Department guidance before anything is lodged. Government fees apply either way, and they are set by the Department of Home Affairs.
Neither option changes the outcome rules. The Department decides each application on its merits, and no agent can promise a result or a processing time. Be cautious of anyone who does.
Can an employer lodge a sponsorship application without an agent?
Generally yes. A business can prepare and lodge its own standard business sponsorship and nomination applications through ImmiAccount. The Department of Home Affairs does not require a business to appoint a registered migration agent. The business remains responsible for the accuracy of every claim and document it submits.
Who can lawfully give immigration assistance in Australia?
Under the Migration Act 1958, paid immigration assistance may be given only by registered migration agents, Australian legal practitioners and exempt persons. A sponsor or nominator helping with their own sponsorship is one of the exempt categories and must not charge a fee for that help. Check any agent on the Office of the Migration Agents Registration Authority (OMARA) register.
What does a registered migration agent do on a sponsorship matter?
An agent can assess sponsor and position eligibility, check labour market testing evidence and salary documents, prepare and lodge the applications, communicate with the Department, and respond to requests for further information. They are bound by the Migration Agents Code of Conduct, including duties on honest advice and client confidentiality.
When is professional help worth considering?
Employers often seek advice when the business is new, the occupation or salary is borderline, there is a prior compliance history, or an application has been refused or a request for information has arrived. Eligibility depends on the facts of each case, so a personal assessment is the safest basis for a decision.
This is general information only and not legal or migration advice. Complex cases need personal advice from a registered migration agent.