How to Sponsor Skilled Overseas Worker for Business

How to Sponsor a Skilled Overseas Worker for Business

I am a business owner who would like to sponsor a skilled worker from overseas.

But I don’t have a deep understanding of how to sponsor skilled overseas worker.

Is there a way to sponsor skilled overseas worker without running into any legal problem?

Here is the answer

Australian Employers and Overseas Employers can sponsor a skilled worker under the 482 visa (formerly known as the 457 visa) for up to 4 years.

If an employer wants to sponsor workers to work in their business they must meet certain requirements:

• Applying to be a sponsor

• Nominating the occupation they require employee for

• Recruiting overseas worker

• Sponsoring employee to apply for visas

• Adhering to Immigrations monitoring requirements

Under a 482 visa, an employer must be first approved to be able to sponsor and recruit overseas workers.

The employer must be an Australian business that operates in Australia or a business that is overseas that would like to sponsor a skilled overseas worker for the purpose of opening a new business in Australia.

The employer must show a commitment to meeting Australia’s requirements for training Australian workers.

To sponsor skilled overseas worker under 482 visa in Australia, you need to know about these details:

Sponsor:

To qualify as a sponsor, you need to meet these general requirements.

• You must have a lawfully operating business

• Agree to the number of 482 workers being nominated

• Have no adverse information against your business

• The company has the financial capability to meet sponsorship obligations

• The business must meet training benchmarks

Nomination:

The employer must apply for permission to sponsor an overseas worker to fill nominated positions.

• The occupation must be on the Short-term Skilled Occupation List (STSOL), or Medium and Long-term Strategic Skills List (MLTSSL), or the Regional Occupation List (ROL)

• The base salary for the applicant is at least AUD $53,900 (Temporary Skilled Migration Income Threshold)

• Conditions of employment must be the same as for an Australian working in the same position

• The salary to be paid has to be at least the market rate

Visa Application:

After the company has completed the Sponsorship and Nomination process the employee would then apply for the 482 visa.

The employee must show:

• That they have the required skills to fill the position

• The English requirement is met

• Health requirements are met and the employee has health insurance.

An employee can only work for the sponsoring employer over the whole work period unless another company lodges a new nomination wanting that employee to work for them.

If the employee ceases working for more than 60 days the visa may be cancelled.

Employers must meet Training Benchmark, market salary and labour market testing to be eligible to sponsor.

Training Benchmark:

Training Benchmarks have been created by the Department of Employment and Work Place Relations.

It is a measure of employers’ commitment to training Australians in the business.

Companies have to prove that:

• Training has been and continues to be provided to employees

• The business must have been operating for 12 months or more or able to show they meet the training benchmark to be approved as a  business sponsor

• Companies that have been operating less than 2 months must show an audible plan to meet the benchmarks.

There are two options in meeting the training benchmarks:

1. Training benchmark A: Payment to an Industry Training fund of at least 2% of total payroll for the last 12 months

2. Training Benchmark B: Expenditure of at least 1% of payroll on training of employees for the last 12 months

Businesses must show expenditure at the required level and commit to the level of funding for every 12 months following sponsorship approval.

The Second Option:

• Paying or funding a scholarship for employees to study at TAFE or University

• Employing apprentices, trainees and recent graduates

• Employing a training officer

• Paying external training providers

On the job training can also be included although it has to be structured with defined timeframes and skills progression.

Expenditures will not be counted towards the benchmark if the training is:

• Informal

• Undertaken by temporary residents

• Undertaken by principal of business or their family members

• Low skill levels

• Training only confined to a few aspects of the business

Market Salary:

All 482 visa holders must be paid the market rate for their occupations.

Employers must provide evidence as to the market rate for the occupation unless the salary is over $250,000.

If the employee’s salary is below $250,000 employers must prove that the salary is in accordance with market rates for the position.

The rates take into account Australians working in an equivalent position or other competitor workplaces operating in the same location.

Benefits such as car allowances can also be taken into consideration.

If items cannot be estimated ahead of time, they cannot be included.

The following will have to be taken into account when assessing the market rate:

• Industrial Awards

• Unions or Employer Associations

• Earning data by ABS or Market Surveys

• Job Advertisements with equivalent positions

Temporary Skilled Migration Income Threshold:

The current TSMIT is $53,900 for nomination to be approved, the base salary must be at least equal.

If the market rate is less than the TSMIT the Nomination will not be approved.

Labour Market Testing:

Labour Market Testing was introduced on 23rd November 2013.

It means that employers must first look to the local labour market to ensure there is no suitably qualified and experienced Australian Citizen,

Permanent Resident or eligible Temporary visa holder that is available to fill that position.

Sponsors are required to provide mandatory evidence that they have made efforts to recruit a suitably qualified and experienced Australian Citizen or Permanent Resident.

Some of the proof required is:

• Ways of advertising the occupation, eg: online, newspapers

• Name of Job Websites/Publications

• Advertising dates

• Payment of advertising

• Target Audiences

• Number of applications received

• Number of applicants hired

• Reasons that applicants were not successful

Some exemptions from Labour Market Testing are ANZCO Level  1 and 2 occupations (Managers and Professionals) with the exception of Engineering and Nursing.

Documents Required For Company Sponsorship :

• Application Forms

• General Business Registration Documents

• Documents to show you are running a lawful business

• Documents to show the business is meeting training requirements

• Documents to show that your company has undertaken a labour market testing

Those are the requirement for a business owner to be able to sponsor skilled overseas worker to Australia.

Don’t risk your chance. Get professional help to provide legal and sound advice for your business recruiting plan.

ONEderland Consulting has extensive experience dealing with a complex working visa 457 application which helps many business owners sponsor overseas worker to Australia.

We advise you to book an appointment with our registered migration expert, Mrs Indah Melindasari to get the better insight about the complexities of sponsoring overseas worker to Australia and how to minimise the risk involved while bringing them legally to Australia.

If you are a business owner or manager in the company and would like to find further information on your company sponsoring an overseas employee, please contact our office on (+61) 089477-5831 or email: [email protected]