General information only, not legal advice. Immigration law changes; contact Onside for advice about your circumstances.
Employer Sponsored Visas Australia: What Employers Need to Know
For Australian businesses experiencing genuine skills shortages, employer-sponsored migration can provide an important pathway to recruit skilled workers from overseas.
However, sponsoring an employee is not simply a matter of completing a visa application.
There are usually multiple stages involving the employer, the nominated position and the individual visa applicant.
How does employer sponsorship work?
Depending on the visa pathway, an employer may need to:
become an approved sponsor;
nominate a worker in a position within the organisation; and
support the worker's visa application.
The main employer-sponsored pathways
Current employer-sponsored options include:
Skills in Demand visa (subclass 482)
This is a temporary skilled visa that can allow an Australian business to sponsor an overseas worker for a nominated role for up to 4 years. For employers, the process will generally involve ensuring that the business is eligible to sponsor, identifying an eligible position, completing the required nomination process and demonstrating that the nominated worker satisfies the applicable visa requirements.
The subclass 482 program includes different streams, and the requirements can vary depending on the occupation and circumstances of the nomination. Issues such as the applicable occupation list, salary requirements, skills and experience, labour market testing and any licensing or registration requirements may need to be considered before proceeding.
For many businesses, the subclass 482 can also form part of a longer-term migration strategy, as some sponsored workers may subsequently be eligible for a permanent employer-sponsored pathway, including the Employer Nomination Scheme subclass 186, subject to the requirements applicable at the time.
Employer Nomination Scheme (subclass 186)
The Employer Nomination Scheme (ENS), subclass 186, is a permanent employer-sponsored visa that can provide eligible skilled workers with a pathway to Australian permanent residence.
The subclass 186 has different streams, including transition pathways for certain workers who are already sponsored in Australia and a Direct Entry pathway for eligible applicants who meet the relevant requirements.
Skilled Employer Sponsored Regional (subclass 494)
The Skilled Employer Sponsored Regional (SESR) visa (subclass 494) is a provisional employer-sponsored visa designed for eligible skilled workers who are nominated to work in a designated regional area of Australia.
The subclass 494 can provide businesses operating in regional Australia with an additional option to recruit skilled workers where they are unable to fill eligible positions through the local labour market.
Sponsorship is not the same as nomination
This distinction is important for employers.
For certain employer sponsored visas, the employer may first need to satisfy requirements to become an approved sponsor before proceeding with individual nominations.
The nominated position and proposed employee must then separately satisfy the applicable requirements.
A business may therefore need advice at both the business sponsorship level and individual nomination and visa level.
What Should Employers Consider Before Sponsoring Someone?
Before commencing a sponsorship or nomination, employers should consider the business, position and proposed employee separately. Key considerations may include whether the business is eligible to sponsor, whether the position and occupation are eligible under the relevant visa program, applicable salary and employment requirements, labour market testing, the worker's qualifications and experience, licensing or registration requirements, and any relevant immigration history or visa restrictions.
It is also important to consider the longer-term purpose of the sponsorship. For some businesses, the immediate objective may be to fill a temporary skills shortage through a subclass 482 visa, while for others the intention may ultimately be to support an eligible employee towards permanent residence through a subclass 186 or regional pathway.
Assessing the appropriate pathway at the outset can help employers avoid commencing a sponsorship or nomination process that does not align with the position, the worker's circumstances or the business's longer-term objectives.
Labour market testing
For some visa pathways, employers may need to undertake labour market testing.
The Department currently states that labour market testing generally involves advertising the position in Australia for at least four weeks in at least two advertisements, subject to applicable exemptions.
Getting the advertising requirements wrong can create unnecessary problems later.
What if the standard visa program does not work?
Some businesses have circumstances that do not fit neatly within the standard sponsored visa programs.
A Labour Agreement may be an option in appropriate cases.
Labour agreements can enable approved businesses to sponsor skilled overseas workers where there is a demonstrated need that cannot be met through the Australian labour market or where standard programs are unavailable.
There are also industry labour agreements and Designated Area Migration Agreements (DAMA) that may provide additional options for eligible employers.
Why employers should obtain advice before nomination
A nomination should not be approached as simply an administrative form.
Problems at the nomination stage can affect the visa applicant and create delays or additional costs for the business.
At Onside Immigration Lawyers, we can assist employers with:
sponsorship applications;
nomination applications;
Skills in Demand visas;
Employer Nomination Scheme visas;
regional employer-sponsored pathways;
labour agreements;
compliance considerations; and
individual eligibility assessments.
If your business is considering sponsoring an overseas worker, obtaining expert advice before commencing the sponsorship or nomination process can help identify potential issues early.