For employers, Creek Migration can help you to understand your rights and obligations when you sponsor a worker as there are real penalties for businesses thatfail to adhere to the guidelines. Likewise, visa holders have their own set of rules and obligations associated with their visa and non-compliance can lead to tragic consequences after spending years forging a career and lifestyle in a new country.

The right type of migration pathway for businesses and their employees will depend on the unique circumstances of your requirements. At Creek Migration we will discuss your options with you and help you to understand the best course to pursue to support business needs and secure a valued employee.

Temporary Skill Shortage visa (subclass 482)

This visa allows a business to employ an overseas worker for up to four years. It is possible to apply for another temporary visa at the end of this term, or you might want to explore more permanent options. The Temporary Skill Shortage visa is a three-stage process for businesses and visa applicants.

Fees are payable for each of these stages. Businesses need to consider fees payable to the Department of Home Affairs and professional fees to your registered migration agent for advice and services. The employer or the visa applicant may pay up front for the visa-related fees, however it is illegal forthe visa applicant pay any costs associated with the standard business sponsorship or nomination stages. It is also illegal for the employee to repay the employer for any of these fees after the fact. The visa applicant either pays up front for the visa-related fees, or else the employer pays all fees.

Employers are required to provide documentary evidence that:

• the salary offered is the same as what Australians are earning in the same roles;
• very specific advertising requirements have been met;
• the business cannot find an Australian employee to fill the role; and
• the business needs someone acting in the role.

This is where Creek Migration can help take the stress out of a complex matter with expert guidance and advice to help you meet all the requirements the first time around. After all, nobody wants to spend time or money on second attempts. Contact us today to see how we can help.

Temporary Regional Employer Sponsored (Subclass 494)

This visa allows a business to employ an overseas worker for five years. It is possible to apply for another temporary visa at the end of this term, or you might want to explore more permanent options. If the visa applicant remains in the job for at least three years, there is a pathway to permanent residence.

The Temporary Regional Employer Sponsored visa is a similar three-stage process as outlined above. It requires Standard Business Sponsorship, Nomination and Visa applications. However, there is usually an additional requirement to seek approval from a Regional Certifying Body before the nomination can be approved. Regional Certifying Bodies are based in the same state as the nominated position and the federal immigration department usually requires verification from their localised knowledge of skills shortages and salaries in the region before approving regional visas. The federal immigration department may prioritise and finalise these applications in a much shorter timeframe than other sponsored visas as it seeks to support regional economies and employers in remote areas, however as with all visas the strength and comprehensiveness of the application submitted is one of the surest ways to get a quicker result.

Temporary Training Visa (subclass 407)

This is a temporary employer sponsored two-year visa for workers to participate in workplace-based occupational training activities to improve skills for a job or area of tertiary study. Visa holders can undertake occupational training in Australia to meet registration or licensing requirements or to build skills in their occupation. Employers must provide detailed evidence of the training to be provided and visa holders cannot work apart from the training specified in the application.

There may be pathways to ongoing skilled employment at the end of this visa. The Temporary Training Visa is a three-stage process for businesses and visa applicants.

Permanent Employer Sponsored Visas (subclasses 186 & 187)

Businesses can sponsor employees for a permanent residence visa to Australia. The occupation of the position to be filled needs to be on the Skilled Occupation List for the associated visa subclass.

There are three streams for permanent sponsored work visas.

1. Direct Entry Stream:
Visa applicants must be under 45 years old and need to have at least three years’ experience in their occupation. They will usually need to have a positive skills assessment to demonstrate this and will need to have a certain level of English to qualify. Employers need to provide a signed contract of at least two years duration, evidence that the business is a going concern that needs someone acting in the nominated position. Employers must also provide documentary evidence that the salary offered is the same as what Australians are earning in the same role.

2. Temporary Residence Transition Stream:
Visa applicants must have a certain level of English to qualify and usually need to be under 45 years old and have worked for the sponsoring employer for at least three years whilst on a 457 or 482 visa, although some exemptions apply. Employers need to provide a signed contract of at least two years duration, evidence that the business is a going concern that needs someone acting in the nominated position, and documentary evidence that the salary offered is the same as what Australians are earning in the same role.Employers must also provide evidence that the employee has been employed by the business in past years, including payslips and leave records.

3. Labour Agreement Stream:
Employers who have a Labour Agreement in place with the Australian Government may employ workers under the terms and conditions of the labour agreement. The Labour Agreement process is a complex and lengthy process of negotiations between the employer, the Australian Government and other parties such as unions and regional labour market stakeholders. The outcome is a detailed and registered Labour Agreement on how many workers can be employed, and the wages and conditions under which they must be engaged. As most of the employer obligations are stepped out within the Labour Agreement, the evidence required for individual worker nominations is greatly reduced, but all parties are expected to adhere to the terms of the Labour Agreement. Visa applicants will need to show that they have the English language skills, experience, skills that are required under the Labour Agreement.