Sponsoring Overseas Workers in Australia
Sponsoring an overseas worker in Australia
Employees are one of the most important aspects of a business, and good employees with the right skills can be hard to find. Employer Sponsorship visas enable employers to access a global pool of candidates for a specific role within their business.
Many employers choose to sponsor an international worker when they are finding difficulties in employing particular skilled roles within their business.
Depending on which sponsorship visa you are looking at sponsoring an employee through, there are a number of requirements on both the business and the employer such as salary requirements, employment conditions, qualifications held by potential employee and genuineness of the specified occupation.
The available sponsorship visa subclasses are currently:
- Temporary Skills Shortage (TSS) (subclass 482) visa
- Employer Nomination Scheme (ENS) (subclass 186) visa
- Employer Sponsored Regional (Provisional) (subclass 494) visa
The above visa subclasses comprise of both temporary and permanent options and consist of opportunities to sponsor potential employees who are either onshore or offshore.
Schedule a Consultation with Ethos Migration Lawyers to Discuss Sponsoring an Overseas Skilled Worker
Temporary Skills Shortage (TSS) (subclass 482) visa
The TSS visa is the most common employer sponsorship visa, allowing for both onshore and offshore applications to be lodged. This visa is designed to address labour shortages for employers where they cannot source an appropriately skilled Australia worker.
There are four streams available under this visa subclass, with the main two being the Short-term stream and the Medium-term stream. These two streams allow for a visa to be granted for up to two or four years, dependent on the occupation.
The Short-term stream applies to those occupations found on the Short-Term Skilled Occupation List (STSOL) and generally receives a visa grant validity of two years for the employee with the option to extend for a further two years if eligible however does not offer any direct pathways to permanent residency for the employee.
The Medium-term stream applies to those occupations found on the Medium and Long-Term Strategic Skills List (MLTSSL) and generally receives a visa grant validity of up to four years and has pathways to permanent residency for employees after three years of employment with the business.
Three Stages of a TSS (subclass 482) visa
The TSS visa process comprises of three steps:
- Standard Business Sponsorship
- Temporary Skills Shortage Nomination Application
- Temporary Skills Shortage (subclass 482) Visa Application
Stage One – Apply to become an Approved Standard Business Sponsor
The Standard Business Sponsorship application ensures that the business is a lawfully operating business, an Australian registered business or an overseas registered business, which is actively trading in Australia. This can be substantiated by providing evidence such as bank statements, company registration certificates, tax returns, and business activity statements.
Stage Two – Nominate a Skilled Worker by lodging a TSS Nomination Application
The second step is lodging a nomination for the specified position which needs to be filled. There are certain criteria which are assessed by the Department during this step including:
- Ensuring the occupation is found on either the STSOL, ROL or the MLTSSL;
- Ensuring the nominee is remunerated in line with the market salary rates and not less than the salary threshold of $53,900 plus superannuation;
- Evidence that the business has a genuine need for the position; and
- Evidence to support the genuineness of the employment position.
The above requirements can be assessed through employment contracts, labour market testing showing the company has tried to fill the position with an Australian citizen or permanent resident and the organisational structure and size of the business.
Stage Three – Lodge the TSS (subclass 482) Visa Application
Once the business has their sponsorship and the nomination has been approved, the final stage is the visa application. This stage assesses the applicant and their experience and qualifications to perform the nominated position. During this final stage, the Department will also assess the nominee for good health and character.
Assistance, advice and representation for sponsoring an overseas employee
If your business is finding it hard to source the appropriate skilled employee from the Australian work field, and think sponsorship may be the right route for you Ethos Migration Lawyers can schedule a consultation to assess your business and potential employee on eligibility.
Our office contact details are 1300 083 843 or firstname.lastname@example.org where a member of our team is always ready to assist.
Frequently Asked Questions
An employer must become a Standard Business Sponsor, apply to nominate a skilled worker by lodging a TSS Nomination application, then the worker must lodge a TSS (Subclass 482) visa.
The fees and charges associated with sponsoring an overseas employee vary based on a number of factors. These factors include which visa programme you are sponsoring the skilled worker under, the turnover of your business and whether or not you are deciding to engage a registered migration agent or immigration lawyer to represent you.
From a working visa perspective, when you sponsor someone for a work visa you are sponsoring them to work for your business. In most cases, the worker is committed to remaining employed with your business unless they find another business willing to transfer their sponsorship.
Employer sponsorship is where an employer nominated a skilled overseas worker to work for their organisation and supports their application to be granted a working visa.
To become an accredited sponsor you must meet one of the five categories set out by the Department of Immigration. Generally for private businesses you must have a low volume usage and high percentage of Australian workers (at least 85%), a high volume usage and medium percentage of Australian workers (at least 75%) or have made a major investment in Australia.
Depending on the occupation you are nominated in there may be pathways to permanent residency. Generally, if you are granted a four year visa, you will be eligible for PR after three years of working with your sponsor.