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How Can You Sponsor An Overseas Worker In Australia?

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Overseas Worker
Overseas Worker

Suppose you own a business in Australia and do not find an ideal Australian Overseas Worker for a specific job role. In that case, you should not waste your time and start looking for an overseas skilled worker who can perfectly fit into that role. You can also sponsor that person under the TSS 482 Visa conditions. But, you should first know the essential stages to sponsor.

What are the three visas that will allow you to sponsor an overseas employee in Australia?

Three visa subclasses that allow Australian employers to sponsor skilled Overseas Worker in Australia include:

●      Temporary Skill Shortage Visa Subclass 482

●      Employer Nomination Scheme Subclass 186, and

●      Skilled Employer-Sponsored Regional Visa 494.

Follow these steps to sponsor a skilled international worker

If you want to sponsor a skilled international worker or take over a current sponsorship, you should follow the below steps.

Step 1: You must prove that you couldn’t find a suitable Australian person for the job role

In this step, you should provide evidence of your LMT (labor market testing) unless there is an exemption. The Labour Market Testing involves giving an advertisement for the role in Australia. When and how you should test your labor market and what you will need to provide as evidence will depend on the stream you are nominating the employee.

As an employer, you should provide a valid copy of the advertising material, and you should post the advertisement at least 4 months before applying. The requirements for the ad are as follows.

● The advertisement should be given in English and contains essential information like the title and description of the position, name of the sponsor, necessary skills and experience, and salary.

● The advertisement should be published on a recruitment website, a national newspaper, on the business website, or broadcasted on a national radio channel.

● If posted on a website, it should run for a minimum of 4 weeks.

Under the TSS 482 Visa and the Subclass 494 Visa, you must provide Labour Market Testing proof while signing a labor agreement with the Department of Home Affairs. Exemptions include occupation-based exemptions and international trade obligations.

Step 2: The occupation related to the job role should be present on the specified skilled occupations’ list

● Skilled Occupations Lists are designed after the Australian Government discusses with other authorities to check which skills have high demand in Australia.

● That is why as a sponsor, you should nominate a worker for an occupation that is present on the relevant list of skilled occupations. For example, if you sponsor a worker for the Short-Term Stream, the worker should have an occupation on the Short Term Skilled Occupations List. For the Medium-Term Stream, the worker must have an occupation listed on the MLTSSL (Medium and Long-term Strategic Skills List).

●      If the occupation is not present on any of these lists, you can go for the labor agreement stream.

●      The nominee should be able to provide evidence of having recognized skills, work experience, and qualifications.

●      You have to offer the nominee a salary at the applicable market salary rate.

Step 3: Find a visa that will be suitable for your employee and your business requirements

In this step, you can use the Visa Entitlement Verification Online system of the Department of Home Affairs to check whether the nominated employee is eligible for the visa stream. This system lets employers, visa holders, different Australian organizations, and educational institutes check visa conditions.

You must note that from VEVO, one can get information only if the details are present in the system. If someone had migrated to Australia before 1990 and not gone abroad since then, the information is not expected to be present in the system. Here is how VEVO can help you.

●      Workplace rights for visa holders: An employee, regardless of his origin and nationality, working for an Australian employer should have fundamental workplace rights.

●      Visa holders can check their visa details and conditions using VEVO.

●      Organisations can also check the visa details of a person.

Step 4: Check whether or not your business is eligible to sponsor a particular person

You must check the visa options available for skilled workers migrating to Australia.

●      TSS 482 Visa: This visa allows an employee to stay in Australia for 1 to 4 years, during which they must work for the same employer in a specific nominated occupation. As an employer, you cannot change the occupation unless you nominate a new one.

●      ENS 186 Visa: The Subclass 186 Visa allows an overseas skilled worker to stay permanently in Australia. After the visa is granted, the employee can work for a minimum of 2 years in the nominated occupation.

●      RSMS 187 Visa: Regional Sponsored Migration Scheme Visa Subclass 187 is also a permanent visa, and the conditions are also pretty similar to the ENS 186 Visa. But, for RSMS, the employment should be located in a regional area of Australia.

●      Subclass 494 Visa: This visa allows an employee to stay and work for 5 years in a designated regional area of Australia. If you want to sponsor a person under this visa, you will need a skills assessment test result.

Step 5: Make an application to become a sponsor

You will have three different options to become a sponsor.

●      Standard business sponsor: If you want to sponsor an Overseas Worker the Temporary Skills Shortage Visa Subclass 482, the Department of Home Affairs can assess you as a standard business sponsor.

●      Accredited sponsor: To become an accredited sponsor, you should first be a standard business sponsor. While processing the nominations and applications for the TSS Visa 482, the Department of Home Affairs will give you priority. The TSS visa’s specific low-risk nomination applications would go through streamlined processing if the accredited status were granted after 1 July 2016.

●      Temporary Activity sponsor: Another sponsor type is the Temporary Activity Sponsor, which is granted to someone eligible to sponsor a Temporary Activity Visa 408 applicant, a Training Visa 407 applicant. You can also become a Temporary Activity sponsor if you sponsor a Pacific Labour Scheme stream or Seasonal Worker Program stream applicant under the Temporary Work (International Relations) Visa 403.

Step 6: Nominate the occupation

In the penultimate step, you should nominate your employee for the skilled occupation. Make sure that the occupation is present on the relevant skilled occupation list. Remember that before submitting the nomination, you should undertake the labor market test and satisfy the employment and salary requirements.

Step 7: Complete the visa application

The nominee will be responsible for the last step. However, as an employer, it will be your duty to check whether the nominee fulfills all the visa eligibility requirements. For specific visas (e.g. 494 Visa), nominees may be required to submit a positive skills assessment conducted by the correct assessing body.

Final words

If your nominee faces trouble in completing the application and seeks your help, you may give him the contact of top-rated Migration Agent Perth. The same thing goes for you too. For any assistance regarding nominating or applying to become a sponsor, you may contact their officials.

Rajesh Saini

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