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 sometimes be very challenging.
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.
Stage 1: 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 2 – 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 3 – 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 info@ethosmigration.com.au where a member of our team is always ready to assist.
Sponsoring an Employee 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.