#Employer-Sponsored Permanent Visa

[endeavoureducation]

What Employers Should Know About Sponsoring Workers?

Employees are an important aspect of any organisation. Employers always wish to employ skilled and talented individuals in their companies, and they even go beyond borders.

Why not? If they cannot find employees who meet Australian standards, they can hire workers through various visas like the Labour Agreement visa.

The need for sponsoring workers

Nowadays, there is a shortage of skilled workers in many sectors of the world, so governments are allowing employers to fill vacancies worldwide.

If we consider a developed country like Australia, the escalating skilled shortage here is compelling businesses to rely on foreign workers to bridge the labour gap. 

Although this approach solves immediate staffing challenges, it requires a deep understanding of complex immigration laws and sponsorship obligations. 

The visa landscape constantly evolves, so businesses must maintain compliance to secure approvals. By fully understanding the relevant visa categories and the responsibilities associated with sponsorship, organisations can successfully source and retain skilled overseas talent for long-term growth and success.

Things employers should know about sponsoring workers

Understand the different visa types: 

When sponsoring a foreign worker, navigating the complex visa landscape is essential. Two primary visa categories involve:

Temporary Work (Skilled) Visa—(Subclass 482): This allows the nomination of employers for skilled employees temporarily. For an occupation to be qualified for sponsorship, it must appear on the MTSSL/MLTSSL or the STSOL lists. 1 An employer needs to show that genuine effort has been made to look for an Australian worker.

Employer-Sponsored Permanent Visa (Subclass 186): Employers can nominate skilled employees for permanent residency under this visa. The requirements are that the employee has specific skill and experience requirements and an actual job offer from an approved sponsor.

II. Key considerations for employers:

Genuine position requirement: Employers must establish that the position is available and needed for the businesses; this may be done through evidence of the specific experience and qualifications required, showing the position is essential in the organisation, and failure to fill the position with a suitable Australian worker.

Labour market testing: For many applications, sponsors must undertake labour market testing, demonstrating that they have taken genuine steps to find a suitable Australian worker for the position. This would include advertising the position and considering all qualified applicants.

Sponsorship obligations: Employers should maintain appropriate working conditions, pay decent wages, and ensure workers' well-being. 

Visa conditions and requirements: Employers should understand the conditions and requirements attached to each visa category. These may include restrictions on work hours, location, and the types of work that can be performed.

Regular reviews and reporting: Employers are sometimes required to regularly review and report on the employment and compliance of the sponsored worker with the visa conditions.

III. Employee visa application process:

After being an approved sponsor and nominating a position, which you hopefully go through smoothly, it enters into the employee's process for the visa application. They must meet qualifications, English language competency, and age threshold.

IV. Costs associated with sponsorship:

Most sponsorships have some financial cost in the form of application fees, legal fees, and compliance costs; employers should budget accordingly and be clear about what price they are legally obligated to pay versus what might be shared with the sponsored employee.

V. Compliance monitoring with immigration laws:

Employers must adhere to immigration laws for the whole sponsorship period, including verifying that the worker is carrying out duties relevant to the occupation nominated and keeping records of the worker's employment. Failure to do so might mean penalties or cancellation of sponsorship rights.

Although the entire process can be overwhelming, keeping these things in mind can help you smoothly transition the process as a whole. 

The bottom line

Sponsoring overseas workers is a strategic way employers can get around workforce shortages and ensure business growth. However, the process involves a range of responsibilities, including being aware of visa requirements, adhering to labour market regulations, and supporting the integration of foreign employees within the workplace.

Employers can trust migration professionals like Education Endeavour & Migration Services to make the process easy. They seamlessly guide employers and employees through the complications of sponsorship and ensure that everything is well conducted within the law. They can assist your organisation with custom-fit solutions, sponsoring temporary workers, or offering permanent employment.

Get in touch with them today to know more.