Legal Considerations When Hiring International Chefs in Australia (2025)

If you're planning to sponsor a chef from overseas in 2025, it's critical to understand the legal responsibilities that come with it. Hiring through subclass 482, 186, or 494 visas opens doors to international talent — but also requires you to meet government and workplace standards.

This guide outlines the key legal obligations for hospitality employers so you can stay compliant, avoid penalties, and hire with confidence.

---

1. You Must Be an Approved Business Sponsor

To hire international chefs under visa programs like subclass 482 (TSS) or 186 (ENS), you must be approved by the Department of Home Affairs as a Standard Business Sponsor (SBS).

SBS Legal Requirements:

• ✅ Lawfully operating hospitality business
• ✅ No adverse information (e.g. Fair Work violations)
• ✅ Commitment to training Australian workers (SAF levy applies)

---

2. You Must Advertise the Role First (Labour Market Testing)

You must demonstrate you attempted to recruit locally before sponsoring an overseas chef.

Requirements:

• 📅 Advertise for at least 28 days on 2+ national job sites
• 📸 Keep screenshots and documentation as proof
• 🗂 Save application records for 12 months

---

3. You Must Pay Market-Rate Wages (TSMIT)

You must offer your sponsored chef a salary that meets or exceeds the Temporary Skilled Migration Income Threshold (TSMIT).

As of 2025: Minimum base salary = $70,000 AUD for most chef roles under subclass 482.

Paying below this rate risks sponsorship cancellation and penalties.

---

4. You Cannot Recover Sponsorship Costs from the Chef

It is illegal to:

• ❌ Ask your chef to repay visa or legal fees
• ❌ Deduct wages for immigration-related costs
• ❌ Receive backdoor payments to cover nomination or SAF levy fees

All costs associated with becoming a sponsor or lodging a nomination must be borne by the employer.

---

5. Employment Conditions Must Be Fair and Lawful

Sponsored chefs must receive:

• 💼 Full-time hours (minimum 38/week)
• 📃 Written employment contracts
• 💵 Equal pay and conditions to Australian workers in the same role
• 📢 Fair Work protections against underpayment or unsafe conditions

Chefs must work only for the sponsoring business unless transferred legally.

---

6. You Must Keep Accurate Records

As an employer, you're required to keep documentation on:

• 🗂 Contracts, duties, hours, and pay
• 🧾 Visa status and expiration
• 📑 Return travel costs (if contract ends early)
• 💬 Ongoing correspondence and support

These may be audited by the Department of Home Affairs or Fair Work Australia.

---

7. Consequences of Non-Compliance

If you fail to meet your obligations, you may face:

• ❌ Sponsorship suspension or cancellation
• ❌ Future applications being denied
• 💰 Civil penalties and fines
• ⚖️ Court proceedings for serious breaches

---

Venture Uplift Is Not a Migration Agency

Venture Uplift helps you find chefs open to sponsorship, not provide migration advice.

We recommend consulting a licensed migration agent or legal advisor when preparing contracts, sponsorship applications, or employer declarations.

---

People Also Ask – FAQs

Q: What legal risks do I face if I sponsor a chef improperly?
A: Non-compliance can result in fines, loss of sponsor status, visa cancellations, and Fair Work investigations.

Q: Can I reduce a chef's wage after they arrive?
A: No. The wage must remain at or above the agreed rate in the nomination or TSMIT.

---

Ready to Hire International Chefs the Right Way?

Use Venture Uplift to:

• ✅ Find chefs ready for visa sponsorship
• ✅ Get expert proposals to help stay compliant
• ✅ Avoid common hiring mistakes and delays

📩 Post Your Requirement Now and receive direct interest from visa-ready chefs and hiring consultants.

---

Explore Related Articles

• Cost of Sponsoring a Chef →
• ← Back to Pillar: Hiring Chefs with Visa Sponsorship
• Step-by-Step Sponsorship Process →