Employer Sponsorship for Overseas Workers
Are you experiencing a skills gap in your business?
Don’t worry! Sometimes there can be a huge difference between the skills required for a particular job and the actual ability of the current employee carrying out the operation.
Your workers won’t necessarily be inept or incompetent, but if they are not the right fit for your business, you don’t have to compromise on your money, time and reputation.
If you cannot obtain the right employee in your city or the entire Australian nation, and believe you can get the best fit from overseas, Australia is ready to welcome them with open arms!
In fact, you are not the only one who is doing this. With the increasing globalisation, advance travelling technology, and better migration policies, sponsoring overseas labour has become easier and more common than ever.
At Sirus Migration, we can help you sponsor your skilled labour properly and legally.
The following information will tell you all about the due diligence checklist that you need to mark before you think about hiring workers from overseas.
Eligibility Criteria
To start with, you will have to fulfil the eligibility criteria requirements:
- Your business or company must have Australian staff that does not include the directors or family
- As a sponsor, you must meet the training specifications for your current Australian staff for 12 months before applying
- The nominated position must be in an occupation on the consolidated skilled occupation list (CSOL)
- The salary offered to your staff must meet the Temporary Skilled Migration Income Threshold (TSMIT). Currently, the TSMIT is set at $51,400, which gets indexed annually.
- Your prospective employees must be able to prove that they have the required qualification and/or work experience to carry out the required operations and hold valid licenses or certifications.
- If your business has been operating for less than 12 months, you need to delve into further details and obtain auditable training plans.
Corporate Visa Types
Several visa types allow businesses to sponsor overseas workers to live and work in Australia.
They are:
1.Temporary Skill Shortage Visa (TSS) Subclass 482
The Temporary Skill Shortage Visa, can help you sponsor workers for a short term of years.
On 18 March 2018, the Temporary Work (Skilled) visa (subclass 457 visa) got abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa.Now, you need a TSS Visa to be able to sponsor your employees. In that case, your businesses should be based either in Australia or overseas.
There are three streams available under the TSS 482 visa:
- Short-term stream – To be eligible for this stream, you will have to prove your intent of sourcing genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL). This visa allows employees to stay in Australia for a maximum of two years (or up to four years if an international trade obligation applies)
- Medium-term stream – If you want to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL), this is correct visa stream for you. This visa allows your employees to work in Australia for up to four years, with a privilege to apply for permanent residence after three years.
- Labour Agreement stream – To be able to qualify for this stream, you need to enter into a labour agreement with the Commonwealth and demonstrate that your business needs cannot be fulfilled in the Australian labour market. If you are not able to source overseas skilled workers with the standard visa programs available, you can put forth an application under this stream. Your workers will have a privilege to apply for a permanent residence.
You also need to pay some flat levied taxes to the government. If you own a small business, you must pay $1,200 while entrepreneurs with large businesses (turnover at least $10 million) will have to pay $1,800 for the TSS visas.
2. Employer Nomination Scheme (ENS)
The Employer Nomination Scheme is a permanent visa, that lets your workers stay in Australia for an indefinite amount of time. If you are the nominating employer, you will have to carry out your operations in Australia. Your employee needs to show a higher level of skill than those applying for a 457 visa, although the eligibility criteria for both are broadly similar.
Nonetheless, there are some prerequisites that you and your employees should keep in mind:
-The nomination must be for an occupation (for the position) that is listed on the Consolidated Sponsored Occupations List.
-You must have met the subclass 457 visa training requirements in each year you have been a standard business sponsor.
-You must not be an approved overseas standard business sponsor under the subclass 457 visa programme.
-Meet registration and licensing obligations and Speak vocational English
3. Regional Sponsored Migration Scheme visa (subclass 187)
The 187 RSMS visa is similar to the subclass 186, in function and conditions, however, this visa type is applicable only if you actively and lawfully operate a business in the regional areas of Australia i.e. outside Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.
Finding it hard to clear the sponsorship formalities for your overseas labour? At Sirus Migration, we can help you with all your visa, nominations and sponsorship queries. Contact us today to learn more about how we can help you lodge a successful visa application.
