Sponsoring Overseas Workers in Australia

Sponsoring employees through employer-sponsored visas is a strategic solution for Australian businesses aiming to bridge skill gaps and inject specialised talents into their workforce. While sponsoring overseas workers presents numerous advantages, employers must navigate potential challenges along the way and consider work visa requirements in Australia at all times.

Discover key insights into employer-sponsored visas and the process for migrants in relocating to and living in Australia.

1. Complex Legislation and Regular Changes

The Australian immigration framework is detailed, comprehensive and often updated. This means that employers need to stay informed about the most recent requirements and conditions to sponsor overseas employees. There are work visa requirements that need to be met in order for an approved visa application to be granted, staying abreast of legislation and visa changes is paramount to successful outcomes.

2. Cost Implications

Sponsoring an overseas worker is an investment in your business. Costs can include visa application fees, migration lawyer fees, training levies, and other associated charges.

A carefully curated financial plan should be put in place ahead of time, making all necessary considerations. You can reach out to our friendly and capable team at No Borders Migration or Employment Law anytime for legal assistance with making preparations regarding employer-sponsored visas.

3. Expedited Process for a decision-ready application

The visa processing time can be long, particularly if there are complexities with the application. This can delay the commencement of the employee’s role. The 482 subclass visa processing time these days is around 3 months or less.

4. Labour Market Testing (LMT)

Before sponsoring an overseas worker, employers typically need to demonstrate that they have tried to recruit Australians for the position. This usually involves advertising the role locally and providing evidence that no suitable local candidates could be found.

5. Skill Assessment and Qualifications

For certain professions, the sponsored employee might need to undergo a skills assessment to ensure that their qualifications and experiences align with Australian standards.

6. Ongoing Obligations

Employers have ongoing obligations once they sponsor an employee. This includes ensuring the employee works in the nominated position, pays the promised salary, and informs the Department of Home Affairs if the employee’s circumstances change.

7. Temporary  Visa Options

Many employer sponsored visas are temporary, which means the employee might need to leave Australia after a certain period or apply for another type of visa to remain. You have an option under subclass 400 for a short term period of up to 6 months, training visa subclass 407, or subclass 482 temporary workers visa. The subclass 482 visa or temporary skill shortage visa is for up to 4 years, depending on the skilled occupation.

8. Cultural Differences and Integration

Once the sponsored employee arrives in Australia, there can be cultural differences or integration challenges that both the employer and employee need to navigate.

9. Risk of Visa Cancellation

If the visa conditions are not met or there’s a misrepresentation in the application process, there’s a risk of visa cancellation, refusal or rejection. This can lead to a sudden loss of the employee and associated costs for the business.

It’s highly important for you to adhere to all work visa requirements and ensure compliance is met.

10. Training Levy (Skilling Australians Fund Levy)

Businesses that sponsor employees might need to contribute to the Skilling Australians Fund, which supports training for Australian workers.

11. Limitations on Visa Holders

Certain visas come with limitations, such as restrictions on the type of work the visa holder can engage in or limitations on changing employers or roles.

To navigate these challenges, many businesses work with migration lawyers specialising in Australian immigration law. This can help ensure all requirements are met, and the process is as smooth as possible.

Big or small, our award-winning team is here to support you. We make it easy to access quality legal advice, and our services are used by individuals, companies and local governments across Queensland.

Connect with our team of experienced Migration Lawyers specialising in employer-sponsored visas here.

Book a free consultation today and let us help you find a way forward.