Are you looking to hire a worker to work temporarily or even permanently from overseas for your business? A business or even a sole trader can sponsor a foreign worker for upto4 years to work in Australia on a visa. This would depend on the eligibility of the applicant as well as goals of the company.
On an employer sponsored visa a business may be eligible to sponsor an applicant, the subclass 482 Temporary Skill Shortage visa is an example of that & it has 3 streams. The applicant can get a visa for up to 4 years if the applicant's occupation is on the Regional Occupation Skill List or Medium and Long Term Strategic Skills List. However, the applicant can only get a visa for up to 2 years (renewable) if the applicant's occupation is on the Short-Term List. Contact Migration Agent in Sydney, they will help you for this.
To nominate a skilled worker let’s look at the criteria:
Who can nominate a skilled worker?
A Skilled worker you can nominate/sponsor for this visa if:
• In Australia, You lawfully and actively operate a business
• To fill a skilled position you have a genuine need for a paid employee
• You offer a skilled position in the applicant’s field for the duration of the visa that is Full time and ongoing
• Payment scale as per market salary rate
• You comply with Australian workplace and immigration related laws
• There is no adverse information associated with your business known about Your business or any person
Sponsoring a foreign worker and Business Structure:
Under the following entities you can apply for Subclass 482 Sponsorship and sponsor an overseas worker (business structures):
• Partnership
• Public company
• Statutory authority
• Nonprofit organizations
• Overseas business sponsor
• Sole trader
• Proprietary company
• Government departments
• Trust ( under trustee’s name approval will be and not the trust)
• Educational institutions:
What do you have to do now to sponsor a foreign worker? – Step by Step Process.
1) Application for standard business sponsorship
2) Nominate a worker
3) The worker (visa applicant) can apply for the TSS visa, once you have the standard business sponsorship and the nomination approved or lodged by the department of Home Affair.
1: Sponsorship (required for TSS visa and optional for 186 visas):
Business to be approved by the Department of Immigration as a sponsoring employer is The first stage of the application process requirement. Financial details and lawful
Operation would be required to provide evidence for the business. For a period of 5 years sponsorships are normally valid. Contact Immigration Agent in Sydney, they will help you for this.
Below mentioned documents you need to show:
• Registration Certificate Of Australian Business Number (ABN)
• Financial report for the last financial year including profit and loss statement and balance sheet.
• Projected financial report including balance sheet and profit and loss statement
• For the last four quarters Business Activity Statements (BAS)
• with reporting lines and positions held, organizational chart of the business
• Promotional / Advertisements information
• any new sales or contracts won Evidence
• Plans for Business expansion
• agreement of lease
Stage 2: Nomination (business):
The nomination application is the second part of the application process. This is regarding the salary details, position to be filled, the genuineness of the position and efforts to hire Australian workers. The basic requirements for the nomination are:
• on a particular government list the occupation must appear. This will determine Government fees to be paid as well as the potential length of the visa.
• Australian Market Salary Rate – how the salary being offered must demonstrate the business as it is at least equivalent to what an Australian would / does earn for working in the same positions. You must provide terms and conditions of employment once we know if there are equivalent staff we send you a draft letter for action that would apply to an Australian permanent resident or Australia citizen doing equivalent work in the same place that is no less favorable. You must prove that as per market salary rate you will pay your skilled worker.
• By both parties employment contracts must be signed.
• Position description
• Genuine position statement that explains the purpose of role and the need for the position on letterhead
• Pay the Skilling Australians Fund Levy (SAF).
• Labour market testing: from overseas there must be a genuine need to hire a worker. You are required to show that you cannot find the skills and experience in an Australian citizen or permanent resident that needed to fill the job position. You must conduct labour Market testing To show the Department of Home Affairs that you cannot find a local worker. Before offering the position to the overseas applicant you must advertise the role on 3 national reaching mediums (unless an international trade obligation applies). The 3 mediums may be:
• Website of Job Active (mandatory requirement)
• Website With national reach prominent or professional recruitment
• relevant to the occupation, industry specific recruitment websites that are in significant use by the industry
• national print media
• National reach with national radio
Within 4 months immediately before lodging a nomination application the advertisements should be done.
Stage 3: Visa Application (applicant):
The visa applicant must meet requirements relating to:
1) Skills 2) English language 3) family members (if applicable) 4) Employment history (work experience) 5) Health and character
The details of what is required will depend on the situation and advice is provided on a case to case basis.
Different visa types are as follows:
To bring a foreign worker to Australia, TSS visa is one of the more common visas. However, there are other work visas also, that visa options include:
1) TSS 482 visa
2) 186 Employer Nomination Scheme
) Subclass 407 Training visa
4) 494 Skilled Employer-Sponsored Regional (provisional) visa
To apply for the TSS visa is sometimes a common pathway for applicants. The applicant can subsequently apply for the subclass 186 Temporary Residence Transition Stream for a subclass 186 visa if the applicant’s occupation is in the MLTSSL.
Transition Stream – Usually, before applying for the permanent visa the applicant has to work 3 tears on the TSS visa. Contact Migration Agency in Sydney, they will help you for this.
