Australian employers have several opportunities to sponsor and employ foreign workers through a range of visa programs. These visa pathways allow employers to address skills shortages in certain industries by hiring overseas talent. Here are some of the main options:
1. Temporary Skill Shortage (TSS) Visa (Subclass 482)
- Overview: This visa allows Australian employers to sponsor skilled workers from overseas for a period of up to four years, depending on the occupation and visa stream.
- Streams: There are two main streams:
- Short-term Stream: For occupations listed on the Short-Term Skilled Occupation List (STSOL); valid for up to two years (or four if an international trade obligation applies).
- Medium-term Stream: For occupations on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL); allows for up to four years of work and a potential pathway to permanent residency.
- Eligibility: The employer must be an approved business sponsor, and the nominated occupation must be on the relevant occupation list.
2. Employer Nomination Scheme (ENS) (Subclass 186)
- Overview: This permanent visa allows skilled workers nominated by their employer to live and work in Australia indefinitely.
- Streams:
- Direct Entry Stream: For workers who have never worked in Australia or have only worked for a short time.
- Temporary Residence Transition Stream: For holders of a TSS visa (Subclass 482) who have worked for the sponsoring employer for at least three years.
- Labour Agreement Stream: For workers sponsored under a Labour Agreement.
- Eligibility: The occupation must be on the MLTSSL, and the employee must meet the skill and qualification requirements.
3. Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)
- Overview: This visa allows employers in regional Australia to sponsor foreign workers for up to five years, with a pathway to permanent residency via the Subclass 191 visa.
- Eligibility: The employer must be located in regional Australia, and the occupation must be on the relevant Regional Occupation List (ROL).
4. Regional Sponsored Migration Scheme (RSMS) Visa (Subclass 187)
- Overview: This visa is for employers in regional areas to sponsor skilled workers for permanent residency. It has now been replaced by the Subclass 494 visa but remains valid for certain existing applications.
5. Global Talent Employer Sponsored (GTES) Program
- Overview: This program is designed to help Australian businesses attract highly skilled individuals from overseas, particularly in emerging industries and innovative sectors. It has two streams:
- Established Business Stream: For businesses already operating in Australia.
- Startup Stream: For technology-based or STEM (Science, Technology, Engineering, and Mathematics) startups.
- Eligibility: It offers greater flexibility compared to the standard TSS visa, including fast-tracked visa processing and tailored concessions.
6. Labour Agreements
- Overview: Labour agreements are special arrangements negotiated between the Australian government and employers, allowing them to recruit a specific number of skilled workers from overseas. These agreements can be industry-specific, regional, or project-based.
- Eligibility: Employers must demonstrate that they are unable to fill the position locally and that the employment of foreign workers is critical to the business.
7. Working Holiday Maker Program (Subclasses 417 and 462)
- Overview: Although this program is primarily for young people (aged 18-30 or 18-35 depending on nationality) who want to travel and work temporarily in Australia, it can provide short-term employment opportunities for employers, especially in industries like agriculture, hospitality, and tourism.
- Eligibility: It’s an option for employers who need short-term labor, especially in seasonal industries, and want to fill positions quickly.
8. Temporary Activity Visa (Subclass 408)
- Overview: This visa allows individuals to work temporarily in Australia for specific types of work, including work under the Pacific Labour Scheme or for event-based work.
- Eligibility: It is particularly useful for industries like agriculture, entertainment, or cultural exchange.
Key Considerations for Employers:
- Sponsorship Approval: Employers must become an approved sponsor by demonstrating they have a legitimate need for foreign workers and a good track record of compliance with workplace laws.
- Labour Market Testing (LMT): For many visa types, employers must prove they have attempted to recruit Australian workers before seeking foreign talent, unless exemptions apply.
- Salary and Work Conditions: Foreign workers must be paid market rates to ensure that wages and conditions are comparable to Australian standards.
- Skilled Occupation Lists: The occupation must appear on a relevant list, such as the STSOL, MLTSSL, or ROL, depending on the visa category.
Australia’s immigration policies are updated regularly, so employers need to stay informed of changes to visa requirements and occupation lists. The Department of Home Affairs website is a primary resource for the latest information.
We offer to Australian employers a free telephone consultation regarding sponsoring foreign applicants for a working visa, permanent residency, or setting up a labor agreement for your organization.
If you want to find out more about what’s involved in sponsoring workers please fill in the form below and we’ll contact you. I will also email you our free 482 Visa Employers Guide.