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 that offers the potential pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after a three year period, provided certain criteria are met. The employer-sponsored stream of the SESR visa has specific key requirements that need to be met.
Alternatively, the direct entry stream and the labour agreement stream of the SESR visa cater to employers in regional Australia who have a pre-arranged labour agreement with the Government to source skilled overseas workers for a specified occupation in the labour agreement for a term of five years. This stream offers flexibility to address the unique economic and labour market needs of regional Australia.
Becoming an Approved Standard Business Sponsor
Before sponsoring an employee for a visa, you must first become an Approved Standard Business Sponsor. To be eligible, you must be a lawfully operating Australian business, either a registered business or an overseas registered business actively trading in Australia. The Standard Business Sponsorship application serves to verify that your business is a legitimate entity actively trading in Australia.
There are additional advantages to becoming an accredited sponsor. These include expedited processing for all nominations and visa applications lodged under the employer-sponsored skilled visa programs, often within 5 business days, and streamlined processing for certain low-risk TSS and SESR nominations for sponsors accredited on or after 1 July 2016. With an employer sponsored visa, companies can benefit from these advantages and ensure a smoother process for their international employees.
Nominating a Position for Sponsorship
When nominating a position for sponsorship, there are several key factors to consider, such as labor market testing, Annual Market Slaary Rate (AMSR), Temporary Skilled Migration Income Threshold (TSMIT) is set a $73,150 from 1 July 2024, the relevant skilled occupation list, and genuine position requirements.
To obtain nomination approval, employers must carry out labour market testing, nominate an occupation listed on the applicable skilled occupation list or in a labour agreement, and prove that the position linked to the nomination is genuine. This ensures that the sponsored employee is a suitable fit for the position and meets the necessary criteria.
Employee Visa Application Process
Once you have successfully navigated the process of becoming an approved sponsor and nominating a position, the employee’s visa application process comes into play. The employee must demonstrate their ability to meet criteria such as qualifications, English language competency, and age threshold.
The nomination application pertains to the role that the overseas worker is intended to occupy. The expenses associated with sponsoring an employee include visa application fees, nomination fees, and other related costs. These costs can vary depending on the specific visa and circumstances, but it’s essential to be aware of them as you embark on the sponsorship journey.
We can provide you and your employees with an assessment and fee estimate so that you are aware of any costs before proceeding.
Skills Assessment
A crucial aspect of the visa application process is the skills assessment, which in some cases is required to determine the eligibility of an applicant for sponsorship.
The TSS (subclass 482) only requires a mandatory skills assessment in certain circumstances which are dependent on the employee’s country of passport and occupation.
The SESR (subclass 494) requires the employee to obtain a skills assessment from the relevant assessing authority to be eligible.
The direct entry stream of the ENS (subclass 186) requires the employee to obtain a skills assessment but the Temporary Resident Transition Stream (TRT) does not.
A labour agreement stream nomination may require a skills assessment depending on the terms and conditions within the labour agreement.
The documents necessary for a skills assessment can vary depending on the country and specific visa application, but generally include a resume, work references, pay slips, tax assessments, employment contracts, and official academic awards.
Costs Involved in Sponsoring an Employee
Sponsoring an employee for a visa comes with various costs depending on the visa application you wish to nominate the employee under, the employer’s business annual turnover and the duration of the worker’s sponsorship in Australia. Costs may include government fees, professional fees, and other related expenses. Contact us for an assessment of your eligibility to nominate an overseas worker and a full breakdown of the applicable costs along with a fee estimate.
Employer Obligations and Compliance
As an employer sponsoring an overseas worker, it’s crucial to be aware of your obligations and compliance requirements. You must ensure that your sponsored employee works only in the occupation they were nominated for, provide records or information when requested by the Department, and meet the necessary criteria to sponsor an employee. Compliance with applicable laws and regulations is also essential, and penalties may apply for non-compliance.
It’s important to note that providing benefits in exchange for visa sponsorship is strictly prohibited and may result in severe repercussions. Maintaining a thorough understanding of your obligations and compliance requirements helps ensure a smooth sponsorship process and a successful outcome for both you and the employee.
Pathways to Permanent Residency
For sponsored employees seeking permanent residency in Australia, there are several pathways available, including skilled migration, family sponsorship, and employer sponsorship. Each pathway has specific requirements depending on the occupation for which the employee is nominated.
The application process for each pathway varies depending on the type of visa being applied for. As an employer, understanding these different pathways and their requirements can help you better attract skilled candidates and support your employees in their journey towards permanent residency, ultimately benefiting both your business and the employee.
Working with a Registered Migration Agent
Navigating the complexities of sponsoring an employee for a visa can be challenging. Engaging a registered migration agent can offer many advantages, including simplifying the visa process, guaranteeing adherence to migration law, and enhancing the likelihood of success. Registered migration agents can also provide current information on the ever-changing immigration laws, regulations and policy procedures.
To find and engage a registered migration agent, you must undertake research to identify an appropriate agent, become aware of the fees and services they offer, and then enter into a service agreement. The fees associated with engaging a registered migration agent depend on the services provided and the complexity of the visa application.
You can view Migration Unity’s standard fees or contact us for a tailored fee estimate specific to your individual circumstances and requirements.
Designated Area Migration Agreements (DAMA)
There are a number of visa pathways for regional employers. Designated area migration agreements (DAMA) offer a unique opportunity to sponsor skilled overseas workers. The Designated Area Representative (DAR) serves as the representative for the region and is responsible for executing the five-year Deed of Agreement (or Head Agreement) with the Commonwealth Government.
To be eligible for a labor agreement request under DAMA, employers must first obtain endorsement from the DAR and then submit the request to the Department. DAMAs provide increased access to foreign workers compared to other skilled migration programs, due to their agreement-based framework, which offers greater flexibility to regions in Australia to address their specific economic and labour market needs.
What are the benefits of sponsoring overseas skilled workers?
Cost and Time Savings:
Sponsoring skilled overseas workers through employer-sponsored visas can save your business the cost and time associated with training new Australian workers who have no obligation to stay with your company.
Access to Global Talent:
Sponsoring skilled overseas workers gives your business access to a larger pool of global talent, allowing you to fill critical skills shortages in your workforce.
Business Growth:
Sponsoring skilled overseas workers can help your business to expand and grow, allowing you to take advantage of new opportunities in the global marketplace.
Increased Productivity:
Skilled overseas workers can bring fresh perspectives and ideas, which can lead to increased productivity and innovation in the workplace.
Diverse Workforce:
Sponsoring skilled overseas workers can help businesses create a more diverse and inclusive workforce, which can lead to a better work culture and improved business outcomes.
Increased Revenue:
Sponsoring skilled overseas workers can help your business to increase revenue by filling critical skills gaps and taking advantage of new business opportunities.
Summary
In conclusion, sponsoring an employee for a visa in Australia can be a complex but rewarding process. By understanding the different types of visas, becoming an approved sponsor, nominating a suitable position, and working with a registered migration agent, you can successfully navigate the complexities of the process and create a win-win situation for both your business and the sponsored employee. As the world becomes increasingly connected, embracing the opportunities offered by employer sponsorship visas can help your business thrive and grow.
How can Migration Unity help my Business?
Eligibility Assessment:
Assess your eligibility to sponsor overseas workers for visas and provide expert advice on the most beneficial visa options for your unique situation.
Visa Sponsorship:
Help your business obtain approval to sponsor skilled workers through standard or accredited programs allowing you to sponsor overseas skilled workers.
Temporary Employer-Sponsored Visas:
Handle the application process for temporary visas like the Subclass 482, Subclass 400, and Subclass 408 to ensure your business fills key vacant positions as soon as possible.
Permanent Employer-Nominated Visas:
Handle the application process for permanent visas like the Subclass 186 allowing you to retain skilled workers for future growth.
Regional Employer sponsored visas:
Handle the application process for regional sponsorship visas such as the Subclass 494 allowing regional business to have a competitive advantage in the market.
Labour Agreements:
Negotiate labour agreements with the Department of Home Affairs on behalf of your business to assist with future growth.
Skills Assessment and Registration:
Assist with skills assessments for overseas workers and advise on registration or licencing requirements.
Compliance and Risk Management:
Provide advice and review your business policies and processes to identify and address immigration risks.
Appeal and Review Process:
Assist your business with the appeal and review process in the event of an adverse migration decision.
Supporting Evidence Review:
Conduct a full review of all supporting evidence to ensure your business meets the applicable legislation regulations.
Form Completion and Lodgement:
Handle all aspects of form completion and lodgement on your behalf so you can spend more time on the tasks that move the need in your business.
Communication and Follow-Up:
Maintain regular contact with applicants and liaise with the Department of Home Affairs throughout the process on your behalf.
Legal Submissions:
Prepare legally written submissions to support your businesses migration related matters, presenting your case in the best possible manner.
Record Keeping and Reminders:
Maintain records, provide reminders and advise on relevant criteria and applicable visa conditions.
Post-Lodgement Support:
Continue to monitor the application post-lodgement, liaise with the Department of Home Affairs on your behalf, and ensure that any necessary bridging visas are lodged and granted for your workers.
Online Portal Access:
Provide your business access to our secure online portal to securely access checklists and other tools to manage applications from anywhere in the world.
Visa Conditions Explanation:
Provide an in-depth explanation of any applicable visa conditions upon visa grant allowing your business to remain compliant with immigration and work place laws and regulations.
Future Pathways to Permanent Residency:
Assist with setting up the transition to a permanent visa for your skilled workers and planning ahead to become an Australian citizen down the line.
Benefits of working with Migration Unity
Shortage of Skilled Workers:
You can rely on our expert advice to obtain approval for sponsoring skilled workers from overseas, helping you fill the gaps in your workforce.
Cost and Time:
Sponsoring skilled overseas workers through employer-sponsored visas can save you the cost and time associated with training new Australian workers who have no obligation to remain with your company.
Understanding Complex Regulations:
We provide expert guidance on the visa application process, helping you understand the complex regulations and requirements in simple English without talking industry jargon.
Risk Management and Compliance:
We review your business policies and processes to identify and address any potential immigration risks to ensure compliance, giving you peace of mind.
Adverse Migration Decisions:
In the unfortunate event of an adverse migration decision, we can assist you with the appeal and review process to help you achieve a positive outcome.
Guarantee:
We offer a 100% money-back guarantee on employer-sponsored visa subclasses, ensuring your satisfaction and peace of mind.
Expertise:
Our registered migration agents have years of experience and are experts in Australian migration law, including employer-sponsored visa programs. You can rely on our expertise to handle your case with care and professionalism.
Convenience:
We take care of the complex and time-consuming process of obtaining employer-sponsored visas, requiring careful preparation and submission of documents, so you can focus on running your business.
Frequently Asked Questions
How do I sponsor someone with a work visa?
Becoming an approved sponsor and nominating your employee for a visa is the most common way to sponsor a skilled worker for a work visa. Depending on your business, you may be eligible to become an accredited sponsor, granting you priority processing.
Can I sponsor an employee in Australia?
Yes, you may be able to sponsor a skilled employee in Australia. Depending on the role and skillset required, you can apply to sponsor a worker either temporarily or permanently.
Contact us for an assessment to determine your eligibility.
Can an employer sponsor a visa Australia?
Yes, an employer can sponsor a visa for an individual to work in Australia. Companies must first prove that they have attempted to recruit locally, and satisfy certain criteria in order to sponsor workers from overseas. Different visas are available depending on the location of the business and eligibility of the employee.
What are the main types of employer sponsorship visas in Australia?
The three main types of employer sponsorship visas available in Australia are the Temporary Skill Shortage (TSS) visa, Employer Nomination Scheme (ENS) visa and the Skilled Employer Sponsored Regional (SESR) visa.
These visas offer various levels of support for employers, from short-term positions to longer-term permanent residence solutions.
What is the Labour Market Testing (LMT) requirement?
The LMT requirement mandates that employers must test the Australian labor market to show that they have made genuine efforts to hire locally before sponsoring an overseas worker. This involves advertising the position and providing evidence of those efforts.
Are there any English language requirements for sponsored workers?
Yes, sponsored workers may need to demonstrate English language proficiency unless they are exempted based on their occupation, salary, or prior study in English-speaking countries.
How long does the sponsorship process take?
The processing times can vary depending on various factors, including the visa type, the accuracy of the application, and the current demand. You can check the Department of Home Affairs website for the most up-to-date processing times.
Can sponsored workers bring their family members to Australia?
Yes, sponsored workers may be eligible to bring their immediate family members, such as spouses/partners and dependent children, to Australia. They would need to meet specific visa requirements.
Please note that the answers provided here are general and may not cover all specific situations. It’s always recommended to seek professional advice for accurate and up-to-date information regarding sponsoring overseas workers in Australia.
