Summary
- Many horticulture workers on Bridging Visas A, B or C may still qualify for onshore sponsorship, even after a visa refusal or while section 48 barred.
- The Horticulture Industry Labour Agreement (HILA) allows eligible workers to lodge a Skilled Employer Sponsored Regional (subclass 494) visa onshore, provided they can prove paid, legal, and documented work experience.
- These pathways offer stability, long-term options, and security for both workers and employers, yet most people are unaware they exist.
Understanding the Horticulture Industry Labour Agreement pathways
Australia’s horticulture sector depends on thousands of dedicated farm workers, people who plant, pick, prune, irrigate, and manage vital harvest operations across the country every day. Yet a surprising number of these workers are living with uncertainty, often on bridging visas after a previous visa refusal, unaware that they may still have strong, lawful pathways to employer sponsorship.
One of the most powerful and misunderstood pathways is the Horticulture Industry Labour Agreement (HILA), which can allow eligible workers, and their employers, to move forward even if the worker has had a prior refusal, is currently section 48 barred, or is awaiting an Administrative Review Tribunal (ART) decision.
This article explains why so many workers are missing out, what the real rules are, and how both workers and employers can take advantage of a little-known onshore sponsorship option.
A hidden opportunity!
Many bridging visa holders CAN apply onshore, a major misconception among both applicants and employers is that a previous visa refusal, or a section 48 bar means sponsorship is impossible.
This is not true, there may still be options…
Workers who are currently holding a:
- Bridging Visa A
- Bridging Visa B
- Bridging Visa C
…may still lodge a new employer-sponsored visa application onshore under the Horticulture Industry Labour Agreement.
Yes, even if they have had a previous refusal.
Yes, even if they are section 48 barred.
Yes, even if they are waiting on an ART/AAT appeal.
This is something that many horticulture workers and farm owners are not aware of.
Why the subclass 494 visa is still an option for many workers
The Skilled Employer Sponsored Regional (subclass 494) visa (Labour Agreement stream) can be lodged onshore by workers who hold a bridging visa A, B, or C. Despite a section 48 bar. This is because the labour agreement stream is exempt from the usual section 48 restrictions that apply to other employer-sponsored visas.
For horticulture workers who have spent years working on farms legally, this creates an important alternative to relying solely on uncertain appeals or temporary visa options.
You need evidence of legally obtained paid work
To be eligible for nomination under the Horticulture Industry Labour Agreement, an applicant must show they have the required experience and that the work was:
- Paid
- Legal
- Documented
Evidence can include:
- payslips
- tax returns
- bank statements showing wage deposits
- employment contracts
- letters from employers
- rosters or timesheets
Unpaid work or cash-in-hand work without documentation cannot be counted. This is where many applicants get confused, the experience must have been performed lawfully in Australia, and there needs to be proof.
Example: Irrigation Technicians with several years’ experience
Many horticulture workers think only picking or packing roles can be sponsored but under the HILA, there are numerous occupations that may qualify.
For example, an irrigation technician (irrigationist) who has:
- several years of paid, legal work on Australian farms
- payslips or bank records to prove it
- current employment with a sponsoring farm
…may be able to lodge a subclass 494 Labour Agreement visa onshore, even if they:
- had a previous visa refused
- are section 48 barred
- are on a bridging visa
- are waiting for an ART decision
Many skilled farm workers in roles such as irrigation, machinery operation, team leadership, packing shed supervision, and farm maintenance are much closer to eligibility than they realise.
Why awareness is so important, especially for employers!
One of the biggest obstacles is not the worker, it’s the lack of awareness among employers.
Farm owners often assume a worker cannot be sponsored if:
- they had a refusal
- they don’t currently hold a substantive visa
- they are waiting on appeal
- they are section 48 barred
In reality, the labour agreement program can address these gaps, specifically to help industries like horticulture fill long-term workforce shortages. By educating employers, more workers can transition from uncertainty to stability, while farms retain loyal, experienced staff.
Why this matters for workers and their families
For many horticulture workers, a bridging visa is not a long-term solution. It often means:
- limited travel
- limitations on work rights (depending on visa history)
- stress about appeal outcomes
- unstable long-term planning
The HILA pathways, especially the ability to lodge a 494 Labour Agreement visa onshore, offer:
- a stable, employer-sponsored future
- potential pathways to permanent residency (depending on occupation and conditions)
- security for families
- certainty for employers
These options can change someone’s life, yet many do not realise they exist.
If you’re working legally in Horticulture, you may have options!
If you have been legally working on Australian horticulture farms and can prove your experience, you may very well qualify for sponsorship under the Horticulture Industry Labour Agreement, even if:
- you previously had a visa refused
- you are section 48 barred
- you are waiting for an ART/AAT decision
- you are currently on a Bridging Visa A, B, or C
- you thought sponsorship was impossible for you
There are options.
There are pathways.
You may simply have never been told about them.
Do you need help working our your eligibility?
We can help you:
- assess your eligibility
- understand whether your experience counts
- explain the sponsorship options to your employer
- prepare for a HILA nomination or 494 visa pathway
Send us an email, give us a call or book online to speak directly with a Registered Migration Agent who can tailor the advice to help you and your situation.
Disclaimer – Content in these articles does not constitute immigration or legal advice, it is not intended as a substitute for such advice and must not be relied upon as such. This material is intended to offer general guidelines for informational purposes only. The information provided is accurate as of the time of publication. Please consult with our Australian MARN registered agents via our content forms on our website or call on 1800 567 663 to make an appointment.
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