Hammond Migration assisted a popular Asian-cuisine restaurant in Sydney to secure a Restaurant Industry (Premium Dining) Labour Agreement. This allowed the business to sponsor key hospitality roles that were no longer available under standard visa pathways and to plan its workforce with long-term certainty.
The Situation
The employer operates a well-known Asian-cuisine restaurant located in Sydney. The restaurant has a strong brand and a distinct food offering that relies heavily on specific culinary knowledge, service standards, and industry experience.
Like many hospitality businesses, the restaurant was facing ongoing challenges recruiting suitably qualified staff locally. In particular, the business required Restaurant Managers with in-depth knowledge of Asian cuisine and food culture, which proved difficult to source within the Australian labour market.
The business had previously used standard employer-sponsored visas successfully and continued to do so for chefs and cooks. However, changes to the occupation lists meant that Restaurant Manager roles were no longer eligible under standard sponsorship pathways.
The Challenge
The removal of Restaurant Manager from the standard occupation list created a significant recruitment barrier for the business. Without access to this role, the restaurant faced operational pressure and limited options to support future growth.
While the Restaurant Industry (Premium Dining) Labour Agreement provides an alternative pathway, approval is not automatic. The Department of Home Affairs closely assesses whether a business genuinely meets the premium dining criteria. This can be more challenging for newer businesses or those with a casual brand presentation.
In this case, the restaurant had been operating for less than two years. This meant the application needed to clearly demonstrate financial viability, business maturity, and compliance with the requirements of the Labour Agreement framework.
There was also an added time pressure. The proposed employee’s visa was due to expire shortly after the Labour Agreement was lodged. Lodging nominations and visa applications while a Labour Agreement is still under assessment carries risk and is only possible in limited circumstances. This required careful planning and a clear strategy to manage both timing and compliance
We navigated these risks and the Nomination and Visa were ultimately approved around 3 months from lodgement. The employee is now on a pathway to permanent residency either via the Labour Agreement or the Temporary Residence Transition stream of the 186 visa.
Hammond Migration’s Strategy
Hammond Migration conducted a detailed assessment of the business and confirmed that a Labour Agreement was the most appropriate and realistic solution.
The strategy focused on the following key areas:
- Identifying the Labour Agreement as the only viable pathway to sponsor Restaurant Managers and Trade Waiters, which are not available under standard visa options
- Clearly positioning the restaurant as a premium dining establishment by highlighting its cuisine focus, service model, and unique business characteristics
- Addressing common concerns raised by the Department in hospitality Labour Agreement cases
- Preparing a well-structured submission supported by current financial statements to demonstrate that the business met the required turnover threshold, despite its relatively short operating history
- Carefully managing the risks associated with the employee’s expiring visa by coordinating the Labour Agreement, Nomination, and Visa applications in parallel
This approach ensured the application was decision-ready and balanced commenrcial urgency with regulatory risks.
The Outcome
The Department of Home Affairs approved the Restaurant Industry (Premium Dining) Labour Agreement in just over two months.
Restaurant Industry (Premium Dining) Labour Agreement approvals allow the business to sponsor the following roles:
- Restaurant Manager
- Trade Waiter, which is not available under the standard occupation list
- Chefs and Cooks under the Labour Agreement framework (the key benefits for these occupations is the higher age limit of 55 for permanent residency and English concessions for the 482 visa)
Despite the time pressure, the Nomination and Visa applications were ultimately approved approximately three months from lodgement. The employee is not on a pathway to permanent residency, either through the Labour Agreement framework or via the Temporary Residence Transition stream of the Subclass 186 visa.
The Labour Agreement was approved for a five-year period, providing the employer with long-term certainty and flexibility in workforce planning.
What This Means for Employers
This case demonstrates how a Restaurant Industry (Premium Dining) Labour Agreement can provide a practical solution for hospitality businesses when standard sponsorship pathways are no longer available.
Labour Agreements allow eligible restaurants to sponsor roles outside the standard occupation list and support experienced staff between the ages of 45 and 55 to transition to permanent residency through available concessions.
Early planning is critical. While well-prepared applications can be processed efficiently, forward planning allows employers to manage timing risks, maintain compliance, and secure greater certainty in staffing arrangements.
