Sponsoring an employee in Australia can be a beneficial option for businesses looking to fill skilled positions with foreign talent. However, the process involves navigating various requirements and guidelines set by the Australian government. In this blog post, we will explore the key elements and steps involved in sponsoring an employee in Australia.
Understanding the Employer-Sponsored Visa Program
Australia offers several visa options under the Employer-Sponsored Visa Program, designed to address skill shortages and enable Australian businesses to access international talent. The most common visa subclasses used for employer sponsorship include the Temporary Skill Shortage (TSS) visa (subclass 482) and the Employer Nomination Scheme (ENS) visa (subclass 186).
Becoming an Approved Sponsor
Before sponsoring an employee, a business must first become an approved sponsor. This involves submitting an application to the Department of Home Affairs and meeting certain criteria. The requirements include demonstrating a commitment to training and employing local workers, compliance with relevant laws, and providing evidence of the genuine need for overseas workers.
Identifying the Appropriate Occupation
The nominated occupation for the sponsored employee must be on the relevant skilled occupation list. These lists are regularly updated and categorized into Short-Term Skilled Occupation List (STSOL) and Medium and Long-Term Strategic Skills List (MLTSSL). The occupation must align with the skills and experience of the employee being sponsored.
Meeting the Skilled Assessment and English Language Requirements
Employees being sponsored through the TSS visa stream may need to undergo a skills assessment by a relevant assessing authority. Additionally, all visa applicants must meet the English language requirements, which generally involve achieving a minimum score in an approved English language test.
Salary and Market Rate Requirements
Employers are required to provide a market salary rate for the nominated position, ensuring it meets the minimum threshold set by the Australian government. This is to ensure that sponsored employees receive fair and competitive remuneration.
Labor Market Testing (LMT)
For TSS visa applications, employers must demonstrate that they have tested the Australian labor market before resorting to sponsoring a foreign worker. This involves advertising the position in a specific manner and providing evidence of efforts made to recruit local candidates.
The Nomination Process
The employer must lodge a nomination application for the employee they wish to sponsor. This involves providing detailed information about the position, the business, and the employee’s qualifications and experience. It is crucial to ensure that all nomination requirements are met to avoid delays or rejection.
Visa Application
Once the nomination is approved, the sponsored employee can proceed with their visa application. They must provide the necessary documentation, including personal details, health and character assessments, and evidence of meeting the occupation and English language requirements.
Sponsoring an employee in Australia requires careful adherence to the guidelines and requirements set by the Australian government. From becoming an approved sponsor to meeting occupation, salary, and English language requirements, understanding the process is essential to ensure a smooth and successful sponsorship experience. By following the steps outlined in this blog post, businesses can navigate the complexities of sponsoring employees in Australia and gain access to the global talent pool.
