Many business owners in Australia experience talent shortages. Thankfully, employer-sponsored visas provide a systematic way of attracting qualified talent.
We will tell you how this system operates. This will enable you to avoid compliance risks and unnecessary costs.
Here is how you can sponsor skilled workers.
Know the visa categories
Contents
482: Temporary Skill Shortage visa
This enables foreign workers to work temporarily in a position that you are unable to fill locally. It comprises both short-term and medium-term streams. This is based on the occupation.
186: Employer Nomination Scheme
This is a permanent residency pathway. It is generally applied if:
- The worker has experience in Australia on a 482 visa
- When recruiting permanent employees with high eligibility requirements.
You should evaluate which visa fits your needs, like:
- Workforce requirements
- Budget
- Long-term staffing plans.
The 482 visa is flexible, whereas the 186 visa is stable and retentional.
Meet sponsorship and nomination requirements
To sponsor a worker, your business must first become an approved sponsor. This entails showing that your activities are:
- Legal
- Economically sound
- They do not violate the laws of the workplace.
You should also nominate a role that features on the appropriate skilled occupation list. In addition, demonstrate that this is a genuine position.
It is advisable to engage a migration agent Fairfield. They can help you create a compliant sponsorship application. This way, your nomination will fulfill labor market testing and salary benchmarks.
A migration expert minimizes the chances of refusal and audit problems in the future.
Select the right occupation and skill level
The position has to be on an approved occupation list. In addition, it should be similar to the actual work that is done.
A common mistake is job noncongruency between the job description and the chosen occupation. It can lead to refusal.
You need to make sure that the nominated occupation aligns with:
- The worker’s qualifications
- Licensing regulations
- Daily duties in Australia.
Correct categorization enhances your application.
Carry out labor market testing properly
You are expected to place an advertisement locally before nominating a foreign worker. This is referred to as labor market testing. It indicates that you have initially tried hard to hire Australian workers.
There are strict rules on:
- Where the job is advertised
- The time frame.
- The content of the advert.
For instance, when hiring electricians, the advert must include:
- A description of the role
- Salary scales.
Many employers make mistakes like:
- Wrong wording
- Short advertising time.
This can nullify your application.
Offer market salary and maintain compliance
Finally, the amount of salary you are offering should be in accordance with:
- The Annual Market Salary Rate
- The Temporary Skilled Migration Income Threshold.
Any serious breach of underpayment of a sponsored worker could attract:
- Penalties
- Cancellation of the sponsorship
- Bans.
Also within your responsibilities is the continued compliance, such as:
- Having proper employment records
- Reporting on changes to the authorities
- Ensuring that the worker is doing their nominated job.
Conduct periodic internal audits. This will assist you in remaining in line with immigration and employment laws.