Due to the impact of Covid-19, many businesses are looking to get back on track in 2021, which requires hiring new employees. With many challenges due to the closed borders, this might require planning if you are looking to sponsor an overseas employee to work for your company.
As a leading migration agency in Sydney, we understand that the laws regulating employer-sponsored visas can be complicated and it can be difficult for many employers to pursue it by themselves. Our team of visa specialists can help you through the entire process to simplify your employer-sponsored visa application.
While the steps could differ from one employer-sponsored visa application to another; there are usually three steps to follow:
1. Standard Business Sponsorship
This is the first step of the application process. Your business should first obtain approval from the Department of Home Affairs as a sponsoring employer. Once approved, these sponsorships are generally valid for five years. The process is relatively straight-forward, where you essentially have to prove that you have a legally established business that is still operating. This is required for a TSS 482 visa while it is optional for the ENS 186 visa.
Once you are an approved standard business sponsor, you can then nominate a worker to work for you.
2. Nomination
The second step of the application process is to nominate the applicant that you would like to work for you. The applicant’s occupation must be one of those on the occupation lists, which dictates the visa’s length, availability and the cost.
You will also be required to prove to the Department of Home Affairs that the salary being paid to the applicant is the market salary rate. Labour market testing is also essential at this stage, which means that you have tried to find Australian citizens or permanent residents to fill the position but could not, which is why you are looking to bring the skilful worker from overseas. Your business will also need to state why the position is genuine and needed to help your everyday operations.
3. Visa Application
Finally, it is time to prepare the application with all the required documents and proofs that go along with it. The applicant must meet all the relevant requirements for the visa, including age, skills, qualification, employment history, and English language proficiency.
We have summarised the required documents for you below:
| Standard Business Sponsorship (STEP 1) | ||
| Type of Document | Examples | Reasons |
| ABN | ABN Lookup
Business registration |
To prove that you are an Australian-based employer. |
| Bank Statements | Recent bank statement for the business account | To show that the business is actively operating. |
| Business Financials | Financial report
BAS Accountant letter of support |
To show that the business is financially viable to employ an overseas worker.
To show that the business is actively operating. To show financial growth and success. |
| Company Operational Documents | Lease Documents
Utility bills |
To show evidence that the business is actively operating.
To show evidence of business ownership. |
| Contracts between clients or suppliers | Invoices
Service Contracts |
To show evidence that business is actively operating.
To show a real need to recruit extra staff. |
| Marketing Materials | Website details
Company’s brochures Products/Service Pricelist |
To show that the business is actively operating.
Building a profile for the business. |
| Nomination Application | ||
| Type of Document | Examples | Reasons |
| Evidence of Employment | Contract
Position Description |
To identify the employee and the employment location.
To show that the position is available. |
| Labour Market Testing | Screenshots of job advertisements | To show that you could not find a suitable Australian citizen or permanent resident to fill the position. |
| Market Salary Rate | Industry remuneration report
Payscale report Rewards |
To prove that the overseas workers are paid no less than an Australian worker doing the same work in the same location. |
| Organisational Chart | Organisational Chart | To show that the position is genuine. |
Below are some of the documents you will need to prepare the applications:
| Visa Application | ||
| Type of Document | Examples | Reasons |
| Identification Documents | Passport
Birth Certificate Driver Licence Name Change Certificate Marriage Certificate |
To prove your identity. |
| Qualification Documents | Academic Certificate
Academic Transcript Completion Letter |
To show that you have the relevant skills and educational background to undertake the nominated occupation. |
| Work Experience | Employment reference letter
Resume/CV |
To show that you have the relevant skills and employment background to undertake the nominated occupation. |
| Character | Police Clearance | Must provide Australian police certificate if the applicant has spent 12 months or more in Australia in the last ten years since he/she turned 16.
Must provide an overseas police certificate for every country, including the applicant’s home country where he/she spent a total of 12 months or more in the last ten years since turning 16. |
| Health | Health checks | To ensure that the applicant is healthy. |
| English | English test report | To show the applicant meets the minimum English language proficiency standard. |
Other Visa Types
TSS visa is one of the more common visas to bring a foreign worker to Australia, which has replaced the former 457 visas. However, there are other work-sponsored visas that we help many clients with such as the 186 Employer Nomination Scheme, 494 Skilled Employer-Sponsored Regional (Provisional) visa, Subclass 407 Training visa, and TSS 482 visa. If you need assistance with any visa process, contact our migration agents today or book a consultation now.
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