To achieve business goals and meet employment needs, it is essential to have the right immigration strategy from the outset. We provide services for overseas businesses and entrepreneurs looking to freely explore the Australian market and for Australian companies wishing to access the overseas labour market.
Together with our clients, we strategically plan the best immigration pathway, so visas, nominations and sponsorships are finalised efficiently. Engaging us will streamline the process, allow clients to concentrate on their core business activities and save valuable time.
Sponsoring Overseas Workers
The Australian Government assists Australian businesses in obtaining overseas staff to meet specific skill shortages through a number of visa programs. Generally, Australian businesses can sponsor overseas workers for:
- non-on-going work, such as short term projects or specific events for up to 3 months;
- temporary on-going employment for up to 4 years; or
- permanent residency.
Employers looking to engage an overseas employee need to demonstrate a genuine need for the sponsored position and be aware of the application processing requirements and their obligations as sponsor. The most common visa categories are the temporary 457 visa, and the permanent visa schemes: Employer Nomination Scheme (ENS) the Regional Sponsored Migration Scheme (RSMS).
Temporary Sponsorship (457)
The 457 visa application process has 3 stages: sponsorship, nomination and the visa application, the first two of which are the responsibility of the employer. The prospective employer must first apply to become a standard business sponsor. After this, the company is able to nominate positions to be filled by overseas employees and the overseas employees are able to apply for a Visa.
Becoming a sponsor
To become a standard business sponsor some key requirements are that the business:
- is lawfully operating and registered; and
- has a sound record of providing staff training or supporting a training fund.
Another way to become an approved sponsor is through a labour agreement, which is often used for big projects where standard immigration options are not suitable. The terms of the labour agreement are negotiated between the Australian employer and the Australian Government.
Whether the sponsorship is through negotiating a labour agreement or registration as a standard business sponsor, nominating the position to be filled is the next step. Nomination of an eligible occupation requires the employer to show that:
- the occupation for the nominated position is on the Consolidated Skilled Occupation List (CSOL);
- the employee’s salary is at least at the market salary rate and not less than the Temporary Skilled Migration Income Threshold of currently AUD 53,900; and
- in the case of some occupations, the nominated position was advertised, and that no Australian applicants were suitable for the position (Labour Market Testing).
Permanent Sponsorship (ENS/RSMS)
Two main schemes have been developed for Australian businesses to sponsor skilled staff from overseas for permanent residency. The Employer Nomination Scheme (ENS) is for employers anywhere in Australia and the Regional Sponsored Migration Scheme (RSMS) is for employers based in regional Australia. The visa process has two stages: a nomination by an employer and the nominee’s application for a visa.
Basic requirements for employers are that:
- the employer is a lawfully operating business in Australia;
- the position to be filled is on-going and full-time;
- the market rate and minimum salary requirements are adhered to; and
- the offered position is for an eligible occupation; in particular all occupation listed under the Consolidated SKilled Occupation List (CSOL).
Further requirements for ENS are that:
- the business must have a sound record of providing training for staff or supporting a training fund.
Further requirements for RSMS are that:
- the business must be actively and lawfully operating in a regional area of Australia
- the offered position must be approved by the Regional Certifying Body (RCB) responsible for the regional area.
We handle all aspects of the process as required, such as Sponsorship Registrations, Nominations and Visa Applications.
Sending Employees to Australia
Australia is an important economic partner for many countries and the secondment of employees is essential to strengthen economic relations, realize projects and establish and collaborate with subsidiaries. Depending on the duration of the secondment and the tasks the employee needs to fulfil, the Australian government provides a variety of different visa options.
Here is an overview of the most commonly used visa categories:
Business Visitor Visa
Business Visitor visas are suitable for general business enquiries, negotiations or participating in conferences and seminars. Business visitor visas do not have a work permit.
Temporary Work (Short Stay)
This visa includes a work permit and is valid for a duration of up to 3 months and is a suitable option to fulfil short-term projects or tasks in Australia. Temporary work visas are often the best solution for undertakings such as installation and maintenance work and the training of Australian staff on exported machines and equipment.
Temporary Work (Skilled)
This visa is valid for a duration of up to 4 years and includes a work permit.
Employers need to seek registration as a sponsor in order to be eligible for this visa. Non-Australian companies can seek registration as a sponsor if the reason for sending employees is to establish, or help establish a business operation in Australia or to fulfil contractual obligations in Australia.
We handle all aspects of the process as required, such as Sponsorship Registrations of Overseas entities, Nominations and Visa Applications.
Starting a Business in Australia
The Australian government welcomes entrepreneurs and business people that contribute to the economy and provide benefits to Australia. If you have a strong background in business and are looking to engage with the Australian market there are a number of migration options available. Opportunities exist under the business and investor visa program where each State or Territory offers nomination for the settlement of successful business people. These visas can be used for the establishment of a business or transfer of an existing business from overseas.
Another pathway to permanent residency can be by running your own business and employing and sponsoring yourself. This pathway may allow people to work in their own business in Australia on a 457 visa. Applicants can either start a completely new business or buy an already existing one.
In order to achieve your business goals it is highly recommended to seek professional advice from the outset. We offer businesses a full end-to-end service, which includes strategic planning, individual consultation and the complete handling of the visa application process on behalf of our clients.