Do you want to work in Australia as a sponsored employee? If you have an Australian Company wanting to employ you. Or you are an Australian employer looking overseas to fill a position – this is the visa that will allow people to work in Australia. The current operating environment of persisting skill shortages across a number of industry sectors has resulted in Australian employers seeking and accessing suitably qualified personnel from overseas to fulfil existing contracts or to meet new project commitments.
Our clients include businesses across all industry sectors covering mining, engineering & resources, manufacturing, recruitment, finance, hospitality and property services, and ranging from small to medium enterprise to large corporate and public listed companies.
Temporary Business (Long Stay) – Standard Business Sponsorship (Subclass 457)
This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. With this visa you can employ overseas workers for a period of between three (3) months and four (4) years. The process to sponsor overseas employees to Australia has three distinct stages:-
- approval by the Department of Immigration and Multicultural Affairs of the employing business as a business sponsor
- approval of the nominated positions required by the employing business
- approval of the individual employees as suitable applicants for temporary residence in Australia.
A Business Sponsorship Agreement allows employers to sponsor a specified number of temporary business entrants within a two (2) year period. Importantly, to be approved as a sponsor, the employer must demonstrate that the business:
- is a lawfully and actively operating business;
- is the direct employer of the temporary business entrant;
- has a good record and abides by immigration laws;
- will bring benefit to Australia through the employment of a temporary resident;
- will advance skills through technology or training.
The employer must also agree to meet certain sponsorship undertakings in relation to overseas employees and the Department of Immigration and Multicultural Affairs must be satisfied that the business is able to meet these sponsorship undertakings in relation to all sponsored employer business entrants and their accompanying family members.
The nominated persons are required to remain with the sponsoring overseas employer in the nominated position unless a new sponsorship is sought. This visa may provide a platform for the sponsored employee to apply for permanent residence at a later stage, but this is a separate process and application.
Permanent Residence : Employer Nomination Scheme (ENS) (Subclass 856)
The Employer Nomination Scheme (ENS) allows Australian employers to recruit permanent, highly-skilled staff from overseas (or temporary residents currently in Australia), when they have been unable to fill as vacancy from within the Australian labour market or through their own training programs. There are certain requirements which both the employer and visa applicant must meet for further information please contact ISA. Regional Sponsored Migration Scheme (RSMS) (Subclass 857). The RSMS allows employers in regional or low population growth areas of Australia to fill skilled positions that they cannot fill from the local labour market. An employer can take part in the scheme if their business is in any part of Australia except Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong, Melbourne and Perth.
The RSMS process consists of three stages:
- Certification of the nomination/vacancy by a Regional Certifying Body
- Nomination is assessed by DIMIA
- Nominee’s application for a visa.
Requirements for certification : In general terms, the employer must be able to demonstrate to a certifying body that
- there is a genuine need for a paid employee in a business that is actively and lawfully operating in regional Australia
- the position is a full-time vacancy available in a business operating in regional Australia for at least 2 consecutive years
- unless exceptional circumstances apply, the position requires qualifications equivalent to at least Australian diploma level (this includes trade certificates)
- there is, or will be, an employment contract or letter of appointment provided for the position before a nominee’s visa can be granted.