Leveraging Employer Sponsored Visas in Australia: A Guide for Businesses

14/05/2024 | Visa

In today’s competitive global market, finding the right talent is crucial for business success. Australian businesses often need to look beyond domestic borders to fill skills shortages effectively. Employer sponsored visas, particularly the Temporary Skill Shortage (TSS) visa (subclass 482) and the Employer Nomination Scheme (ENS) visa (subclass 186), are vital tools in this process. CA Legal Migration specializes in guiding businesses through the complexities of these options. We also invite you to join our upcoming webinar, “Employing Overseas Workers Made Simple,” on May 31st at 12pm (ACST) for a deep dive into leveraging these visas effectively.

The Temporary Skill Shortage Visa (Subclass 482):

Strategic Use of the TSS Visa

The TSS visa allows businesses to address short-term and medium-term labor shortages by hiring skilled workers from overseas. This visa is available in three streams to cater to various needs, enabling businesses to maintain operational capacity and competitive advantage.

Employer Responsibilities

Sponsoring an employee under the TSS visa requires businesses to demonstrate efforts to recruit locally first. The position must align with the skilled occupation list, and employment conditions should be on par with those for Australian employees, ensuring fair treatment and compliance with labor laws.

Key Requirements for Employers:

• The business must be actively and lawfully operating in Australia, an approved overseas business.
• The position must have been subject to Labour Market Testing to make sure that no suitable Australian was available for the job.
• Employer responsibilities include ensuring that employment conditions meet local labor laws and that the overseas workers are not subjected to unfavorable conditions.

The Sponsorship Process for the Temporary Skill Shortage Visa (Subclass 482)

Stage 1: Sponsorship Application

The application for standard business sponsorship is lodged with the Department of Home Affairs “DOHA.” An approved sponsorship is valid for five years.

Stage 2: Nomination Application

The nomination application is lodged with the DOHA. Except where exemptions apply, the nominated position must:

• Be for an occupation on the relevant occupation list with employment earnings that are no worse than would apply for Australians performing equivalent work.
• Be subject to Labour Market testing to show evidence that the sponsor has attempted to recruit a suitably qualified Australian Worker.
• Pay the Skilling Australians Fund (SAF) levy for EACH subclass 482 nomination lodged and for each year of the sponsored worker’s employment.
• For sponsors with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$1,200 each year.
• For sponsors with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$1,800 for each year.

Stage 3: Visa Application

Submit visa application to Department of Home Affairs.

The Employer Nomination Scheme Visa (Subclass 186): Securing Long-term Talent Permanent Solutions for Skill Gaps

The ENS visa offers a pathway for skilled workers to transition to permanent residency, providing businesses with a stable and long-term workforce. This is particularly beneficial for employers in regional Australia or sectors where long-term skill development and retention are critical. The position must be a permanent role and listed on the relevant occupation list.

Simplifying Sponsorship Requirements

To nominate a worker for the ENS visa, businesses must offer a permanent role within an eligible occupation and meet or exceed the market salary rate. This ensures that the business is competitive and appeals to top-tier talent. The Importance of Compliance and Strategic Planning Understanding and navigating the intricacies of employer sponsored visas are crucial for maintaining compliance and achieving successful outcomes. Missteps can lead to delays, increased costs, and potential refusals.

Webinar Invitation: The Three Step Process This webinar is tailored for business owners and HR professionals seeking to understand more about these visa types and how to use them effectively. Our discussion will cover the latest requirements, practical application tips, and compliance strategies to ensure your business can sponsor the skilled workers it needs. We will focus on the three-step process for an employer sponsored visa namely:

• Sponsorship application
• Nomination application
• Visa Application.

Event Details:

• Title: Employing Overseas Workers Made Simple
• Date: 31st May
• Time: 11:30pm ACST
• Format: Online

Conclusion

Employer sponsored visas are invaluable for businesses aiming to fill skill shortages with international talent, join our webinar to enhance your understanding. For more information or to register, please visit our website at CA Legal Migration or contact our office directly.