Sponsoring Overseas Workers
Providing your business with the most up to date advice and assistance regarding sponsorship, nominating overseas workers and remaining compliant with sponsor obligations.
How Can Migration Unity Assist My Organisation?
Our expert team of Registered Migration Agents specialise in providing immigration solutions to Australian businesses.
We have assisted a diverse range of industries with a variety immigration and recruitment solutions. Our services can provide your organisation with the tools needed to seek, hire and retain global talent, allowing your business to fill skilled positions that cannot be found in Australia’s local labour market
Can My Business Sponsor A Worker From Overseas?
Nominating overseas workers to be sponsored by your business is dependent on several different criteria. Various visa applications may be applicable. These are dependent on numerous factors that may come into play, such as the location of your business, the occupation of the overseas worker, their qualifications and/or work experience.
Nominating workers for a permanent visa
If the employee has an occupation on the Medium and Long-term Strategic Skills List (MLTSSL), and they have at least three years of relevant skilled employment, then you may be able to nominate them for a permanent visa (subclass 186 Employer Nomination (ENS) visa).
If they hold a suitable skills assessment, you may nominate them for a direct permanent visa (Employer Nomination Scheme (subclass 186) Direct Entry Stream), providing your organisation and the employee meet all other requirements.
If the employee is already sponsored by your organisation and has completed three years of work in the nominated occupation, you may be able to nominate them for a transitional permanent visa (Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream), providing your organisation and the employee meet all other requirements.
You can also nominate family members who apply for the visa with them.
Click here for more information on nominating skilled workers for a permanent visa.
Nominating workers for a temporary visa
If the employee’s occupation is listed on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL), you may nominate them for a subclass 482 Medium-term stream visa providing your organisation, and the employee meet all other requirements. They can be nominated for up to four years.
If the employee’s occupation is listed on the Short-term Skilled Occupation List (STSOL), you may nominate them for a subclass 482 Short-term stream visa providing your organisation, and the employee meet all other requirements. They can be nominated for up to two years or up to four years if an International Trade Obligation (ITO) applies.
If the employee is a passport holder of Hong Kong, they may be nominated for up to five years.
You can also sponsor family members who apply for the visa with them.
You must be or have applied to be a Standard Business Sponsor to nominate an overseas worker for a 482 visa.
Click here for more information on sponsoring employees for a Temporary Skill Shortage visa (subclass 482).
Sponsoring in a regional area of Australia
In addition to the above, if your business is located in a regional area – anywhere outside of Melbourne, Sydney and Brisbane metropolitan areas you may also nominate occupations on a list which contains over 650 occupations.
This list has access to the Subclass 494 – Skilled Employer Sponsored Regional (Provisional) Visa.
You can also sponsor family members who apply for the visa with them.
You must be or have applied to be a Standard Business Sponsor to nominate an overseas worker for a 482 or 494 visa.
Click here for more information on nominating overseas workers for the Subclass 494 – Skilled Employer Sponsored Regional (Provisional) Visa.
Standard Business Sponsorship
Employers who are approved Standard Business Sponsors may nominate skilled overseas workers to live and work in Australia on subclass 482 Temporary Skill Shortage (TSS) visas and/or subclass 494 Skilled Employer Sponsored Regional (Provisional) visas. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. The sponsorship period is for five years, during this time, your business can nominate overseas workers for subclass 482 TSS visas and/or subclass 494 visas. The minimum requirements for standard business sponsorship are as follows:
Standard Business Sponsorship Requirements
Your business must:
- be actively and lawfully operating in Australia
OR
- be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation, or to fulfil contractual obligations
In addition, there must not be any adverse information known that is relevant to your business’ suitability as an approved sponsor.
NOTE: Adverse information includes (but is not limited to) contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department of Home Affairs (the DOHA).
Accreditation
Certain sponsors may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your business may be eligible for accreditation.
Contact us today to discuss how your organisation can become an approved sponsor, which will enable you to nominate overseas skilled workers.
Can My Business Nominate A Skilled Worker For A Permanent Position?
The purpose of the subclass 186 Employer Nomination (ENS) visa is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.
Direct Entry Stream
Employer
Your business must:
- be actively and lawfully operating in Australia
- genuinely need the nominee to work in the nominated position under its direct control, and have the capacity to employ the nominee in this position for at least two years
Position
The position to be filled must be:
- be full-time and available for at least 2 years from the time the nominee’s visa is granted
- be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)
NOTE: Certain occupations on this list will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position).
- have a salary that is at least $53,900 per year (excluding any non-monetary benefits) and at least the annual market salary rate (AMSR) for the nominated occupation
NOTES: the AMSR for the nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.
The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.
The nominee will be exempt from the AMSR requirement if their salary is more than $250,000 per year.
- be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
Temporary Residence Transition Stream
If you already have an employee who has been working for you whilst holding a subclass 457 or 482 visa then they may be eligible to be nominated under the Temporary Residence Transition Stream. We will need to assess your organisation and the nominee prior to commencing the preparation of either stream.
Contact us today to discuss nominating overseas workers for your business
Temporary Skill Shortage (TSS) 482
The Temporary Skill Shortage (TSS) visa allows employers to sponsor overseas workers to live and work in Australia on a temporary basis. You may need to be approved as a sponsor or you may need to have negotiated a labour agreement with the Department prior to nominating overseas workers. This visa is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. It is valid for a maximum of either two or four years, depending upon the nature of the skilled position. The minimum requirements for the Medium-term and Short-term streams of this visa are as follows:
Employer
Your business must:
- be actively and lawfully operating in Australia; OR
- be actively and lawfully operating overseas(not in Australia), and be bringing the visa applicant to Australia either to establish a business operation, or to fulfil contractual obligations).
In addition, there must not be any adverse information known that is relevant to the business’s suitability as an approved sponsor.
NOTE: Adverse information includes (but is not limited to) contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department of Home Affairs (the DOHA).
Accreditation
Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications.
Nominated Position
The position to be filled must:
- be a genuine, full-time position
- be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt from this requirement)
NOTE: If the sponsor is located overseas, the position must be located in the sponsor’s business
- have a salary that is at least $53,900 per year (excluding any non-monetary benefits) and at least the annual market salary rate (AMSR) for your nominated occupation
NOTE: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.
The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if the nominee’s salary is more than $250,000 per year.
- be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
- have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for at least 4 weeks
NOTE: Alternative LMT criteria apply in certain circumstances. Evidence provided in support of LMT must meet strict criteria regarding the location, type and content of the advertisement. Sponsors are not required to undertake LMT if an International Trade Obligation applies. Please contact us for further information regarding the type of LMT required for your nomination.
Contact us today to discuss nominating overseas workers for your business
Subclass 494 - Skilled Employer Sponsored Regional (Provisional) Visa:
The subclass 494 – Skilled Employer Sponsored Regional (Provisional) (SESR) visa allows employers to sponsor overseas workers to live and work in regional Australia on a temporary basis. This visa is designed to assist regional employers who are unable to meet their skilled Australian workforce needs from the local labour market. The visa is valid for a five-year period, with visa holders able to apply for a permanent visa if they meet the relevant criteria. The minimum requirements for SESR visas are as follows:
NOTE: Different criteria apply to the Labour Agreement stream of this visa. Please contact us for further details regarding this stream.
Employer
The business seeking to employ you must be actively and lawfully operating in Australia.
In addition, there must not be any adverse information known that is relevant to the business’s suitability as an approved sponsor.
NOTE: Adverse information includes, but is not limited to, contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department of Home Affairs (the ‘DOHA’).
Accreditation
Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for subclass 494 nomination and visa applications. Please contact us to check if your employer’s business may be eligible for accreditation.
Nominated Position
The position to be filled must be on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) and:
- be a genuine, full-time position in a designated regional area of Australia
- likely to exist for the next 5 years
- be in the sponsor’s business (or that of an associated entity), and be subject to a signed, written contract of employment that does not expressly exclude the possibility of extending the period of employment (unless exempt – please contact our office to discuss)
- have a salary that is:
- at least $53,900 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation
NOTE: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than $250,000 per year.
- be subject to terms and conditions of employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
- have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for at least 4 weeks
NOTE: Alternative LMT criteria apply in certain circumstances. Evidence provided in support of LMT must meet strict criteria regarding the location, type and content of the advertisement. Sponsors are not required to undertake LMT if an International Trade Obligation applies. Please contact us for further information regarding the type of LMT required for your nomination.
- be certified by a designated Regional Certifying Body
