Introduction

Employer sponsored visas are designed to respond to the needs of Australia’s employers by enabling them to recruit and nominate skilled people to fill positions that they have not been able to fill from the local labour market.

Applying for a temporary employer sponsored visa is a three step process:

1. The sponsoring company applies for approval as a Standard Business Sponsor (SBS)
2. The sponsoring company applies for approval of the nominated position
3. The prospective employee applies for relevant visa to fill the nominated role in the sponsoring company

(1) Standard Business Sponsorship

The employer first applies for approval as a standard business sponsor.

Requirements:

• the business is a lawfully operating business (either inside or outside Australia;
• the business has attested, in writing, that it has a strong record of, or a demonstrated commitment to, employing local labour;
• the business has not engaged in discriminatory recruitment practices;
• that there be no adverse information known to the Department about the business

If the business is operating outside Australia, it may seek to become an approved SBS in order to:

• establish, or assist in establishing a business operation in Australia with overseas connections; or
• fulfil, or assist in fulfilling, a contractual obligation to the overseas business

Once approved, the SBS is valid for:

• 5 years commencing from the date of approval (for a normal business)
• 18 months (for a start-up business – i.e. less than 12 months). At the end of this 18 months period, if the business wants to sponsor more employees, it must apply for approval of another SBS.

(2) Position Nominated

The employer nominates an occupation as a standard business sponsor.

General Requirements:

• The nominated occupation is an occupation on the relevant occupation list
• the position is a genuine and full-time position (some exceptions to the full-time requirement)
• the nominee will be employed under a written contract of employment
• Nomination must be accompanied by the prescribed nomination fee;
• Nomination must be accompanied by the training contribution charge -Skilling Australians Fund (SAF).
• The talks and duties of the nominated position must include a significant majority of the tasks of the nominated occupation as specified in ANZSCO
• the nominee has qualifications and skills commensurate with the nominated occupation as specified in ANZSCO
• the nominee will be paid at least the ‘annual market salary rate’ – that is the same salary as Australian working in the same occupation in that business earns (or would otherwise earn). The ‘annual market salary rate’ must not be less than the Temporary Skilled Migration Income Threshold (TSMIT) – currently $70,000.
• have undertaken Labour Market Testing prior to nomination being lodged (unless exempt)

(3) Visa application

The person nominated to work in the nominated occupation applies for a visa. This is the final step of the process.

In addition to the normal health and character requirements, applicants must demonstrate specified level of English skills (unless exempt). In some cases, it is also requirement that the applicant’s skills are formally assessed by the relevant skill assessing authority.

 Once the visa is approved, visa holders:

• can commence work in Australia for their approved sponsor in their approved occupation;
• can bring any eligible dependants with them to Australia – dependants can work and study; and
• have no limit on the number of times that they can travel in and out of Australia while the visa is valid