Employer Sponsored Migration
The Employer Sponsored Migration program allow employers to sponsor overseas skilled workers to undertake employment in Australia as a temporary or permanent resident.
Temporary Residency Visas
A business that wants to sponsor an employee as a temporary resident employers need to nominate overseas citizens for a Temporary Skill Shortage (TSS) visa (subclass 482).
Prior to March 2018, employees would most likely have sponsored employees under the Temporary Work (Skilled) Subclass 457 visa. Read more here
To employ an applicant under the Subclass 482 there are 3 stages. An overview is below.
1. Standard Business Sponsor (SBS)
The business needs to be approved as a business sponsor. To do this it will need to evidence that they are either lawfully operating in Australia OR if they are an overseas based business that they have plans to start up a business in Australia or are required to send staff to Australia to fulfill contractual requirements.
For approval as a sponsor the business will also need to meet and adhere to specific sponsorship obligations, as well as to ensure ongoing compliance with them.
2. Nomination
The business will need to nominate a position for an overseas citizen to fulfil. The sponsor is required to evidence specified Labour Market Testing (LMT) requirements and pay the required Skilling Australians Fund (SAF) levy.
In addition, unless the position is exempted, the business will be required to show that the employee will be paid at Market Salary Rates (MSR) for the position and location of the role.
3. Application
In the visa application stage, the applicant(s) is required to show they have have a minimum of 2 years experience in the nominated position, meet qualification or registration requirements (if applicable), satisfy english language requirements and provide police clearances.
The applicant(s) will also need to evidence they have adequate private health cover.
(Update: December, 2021 – Under the Free Trade Agreement negotiated between Australia & the UK, LMT will be removed from employer sponsored requirements. The date of effect is to be confirmed. Please contact us to discuss this further).
Permanent Residency Visas
Australian businesses are able to sponsor skilled overseas workers as permanent residents under the Employer Nomination Scheme visa (Subclass 186).
This visa is for employers that want to offer an employee a permanent position in the business in Australia. The process requires an approved Australian business making an Nomination for a skilled worker and the individual and their family to make a Visa Application. The majority of the visa applications made under the Subclass 186 scheme will be through either the:
- Direct Entry Scheme – particularly for applicants outside Australia who can prove their skills for the position and the offer of employment or
- Temporary Residence Scheme – for applicants who have held a appropriate visa (Subclass 457 & Subclass 482) in Australia for a specified number of years and will continue to work in the position permanently
If the position is based in a regional area the applicant may be able to apply under the Regional Sponsored Migration Scheme (Subclass 187) visa.
Business considerations
Businesses that intend to utilise any of the Employer Sponsored visas for the first time will need to consider a wide range of business issues and will need to obtain appropriate professional advice outside of the immigration services we can provide. We will be happy to make introductions for you once we understand your intentions.
For some thoughts on opportunities in Australia and what you need to consider please read our Blog posts.
Do you want more information?
If you are a business or an individual that requires further information about Employer Sponsored Migration visa options please get in touch.
Freephone: 0800 772 0570
Email: mark@cargilmigration.com
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