Sponsored visas can be temporary or permanent visas sponsored by an employer.
These visas typically involve two or three steps:
For the employer:
- Be (or apply to be) a Standard Business Sponsor (for temporary visa applications): show that your company is lawfully and actively operating
- Nominate the role and the visa applicant for a visa: show that the role cannot be filled by the local labour market, the salary is at the market rate, and the terms/conditions of employment are no less favourable that those offered to Australian citizens and permanent residents
For the visa applicant:
- Apply for a visa and show you have the skills, qualifications and English language ability for the role
These steps can all be done at the same time, but must be lodged with the Department in the above order.
In some cases, additional or alternative steps may be required for a sponsored visa. For example, a Labour Agreement with the Department of Home Affairs might be required, or a Skills Assessment might be required to accompany the visa application.
What are the requirements for sponsoring an employee?
Typically an employer will need to establish that they are actively and lawfully operating a business in Australia, that they have a satisfactory record of complying with workplace relations and immigration laws, and there should be no adverse information regarding the business background of the company or its directors, shareholders, owners, etc.
The role in question will need to be on the Department of Home Affairs’ skill shortage lists to be eligible for nomination (called the skilled occupation list). These lists indicate short term and long term skill shortages. For roles outside of urban centres, a role on the regional occupations list may also be eligible for nomination. If the role is not on any eligible list, but your industry is recognised by the Department as experiencing skill shortages, you may be able to negotiate a Labour Agreement to allow you to sponsor employees. This is also true if your company has a specific need for a certain role that is otherwise not available.
To nominate an employee for a temporary sponsored visa, labour market testing and proving there are no Australian citizen or permanent residents available for the role is often required.
The base salary associated with the role must be above the Temporary Skilled Migration Threshold (TSMIT), currently $70,000. It must not be less than the Annual Salary Market Rate (what you would pay an Australian worker in the same role and location) for the role in question.
What employer sponsored visas are available to employers?
Employer sponsored visas can be temporary or permanent visas sponsored by an employer. Some employer sponsored visas also have different streams or sub-categories available.
Temporary visas:
- Temporary Skill Shortage (TSS) visa (subclass 482)
- Short Term Skill Shortage Stream
- Medium Long-Term Skill Shortage Stream
- Labour Agreement Stream
- Skilled Employer Sponsored Regional Provisional visa (subclass 494)
- Global Talent Employer Sponsored
Permanent visas:
- Employer Nomination Scheme visa (subclass 186)
- Temporary Residence Transition Stream
- Direct Entry Stream
How can an immigration lawyer assist with the process of obtaining an employer sponsored visa?
Our immigration lawyers are experts at helping businesses navigate Australia’s complex migration system. We can assist you to ensure:
- your business is eligible to be a Standard Business Sponsor
- that it is appropriate to sponsor a person for the nominated role and
- that your employee meets all the visa criteria
Once this has been established we work with you to collate the evidence required to apply for standard business sponsorship, nominate the role, and apply for the visa. Each piece of evidence has specific requirements which must be met, and pre-vetting all documents and application forms before they are submitted will help ensure a successful outcome.
