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Sponsoring an Employee for a Visa: What You Need to Know

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Attract and retain skilled workers through employer sponsored visas…

Navigating the complex world of sponsoring an employee for a visa can be daunting. But, with the proper guidance and understanding of the process, it’s possible to create a win-win situation for both employers and employees. In this comprehensive guide, we will walk you through everything you need to know about sponsoring an employee for a visa in Australia, from understanding the different types of visas available to the costs and compliance requirements involved. Let’s kick off this journey to help you successfully sponsor an employee for a visa!

Short Summary

  • Understand the visa types and pathways how to sponsor an employee.

  • Comply with labour market testing, nomination requirements & meet criteria such as qualifications, language competency & age threshold.

  • Be aware of associated costs and engage a registered migration agent to ensure adherence to immigration law.

Understanding Employer Sponsorship Visas

As an employer, you may have considered tapping into the pool of foreign talent to address skills shortages in your business. Employer sponsorship visas offer a solution, allowing you to bring skilled overseas workers to Australia either temporarily or permanently. The three main employer-sponsored visas available in Australia are the Temporary Skill Shortage (TSS) visa, also known as the temporary skill shortage visa, the Employer Nomination Scheme (ENS) visa, and the Skilled Employer Sponsored Regional (SESR) visa.

Each of these visas caters to different needs and requirements, so it’s essential to understand their unique features and benefits. In the following sections, we will delve into the specifics of the TSS, ENS, and SESR visas, equipping you with the knowledge to make an informed decision on which visa type best suits your business and the potential employee.

Temporary Skill Shortage (TSS) Visa

The TSS visa is designed to allow employers for sponsoring an employee in Australia to fill positions that cannot be filled by an Australian worker. This temporary visa involves a three-step process: sponsorship, nomination, and visa application. The Department of Home Affairs evaluates factors such as employment contracts, labour market testing, and the organizational structure and size of the business during the nomination step, which is a part of the temporary residence transition process.

Government fees associated with the TSS visa application process apply to both Australian businesses and overseas businesses operating in Australia. By sponsoring an employee in Australia through a TSS visa, employers have access to a global pool of suitable candidates for specialized positions within the business, filling crucial skills gaps.

Employer Nomination Scheme (ENS) Visa

For businesses seeking long-term solutions, the ENS visa offers a permanent residence option for skilled workers. This visa involves a two-stage process, with primary requirements varying depending on the stream applied for. Although approved standard business sponsors are not necessarily required to apply for the ENS visa, it’s often the case. There is no fee for nominating an applicant for the ENS visa, but employers are required to pay the SAF levy.

The ENS visa offers three streams, with different eligibility requirements for each. For example, 457 visa holders seeking the Employer Nominated Sponsorship Visa 186 under Pathway. Two must meet specific criteria, such as being employed for two years with the same employer and being under 50 years old.

Skilled Employer Sponsored Regional (SESR) Visa

Employers in regional Australia may find the SESR visa beneficial for their needs. It is a provisional visa tha