Sourcing skilled workers from overseas is increasingly becoming a strategic move for Australian businesses facing talent shortages. The process of sponsoring an overseas worker involves navigating a complex legal framework and meeting a series of responsibilities. Follow these tips to ensure a smooth, compliant sponsorship journey that supports your business goals.
Australian employers looking to sponsor skilled workers now primarily engage with one of the following visa programs:
- Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
- Skills in Demand (SID) visa (subclass 482)
- Employer Nomination Scheme (ENS) visa (subclass 186)
Each of these visa options has specific eligibility criteria and obligations. Understanding which visa best suits your needs, whether temporary or leading to permanent residency, is the first critical step in the sponsorship process.
Before you can sponsor an overseas worker, your business must first be approved as a sponsor by the Department of Home Affairs. This involves proving your business is legally operating, financially sound, and has a genuine need for a skilled overseas employee to fill a specific role.
You will also need to undertake Labour Market Testing (LMT), providing evidence that you have actively tried to recruit Australian citizens or permanent residents for the position, without success. This step ensures the recruitment of overseas workers doesn’t disadvantage local job seekers.
Sponsored workers must be offered employment terms and conditions that are no less favourable than those provided to Australian workers in the same role and location. This includes meeting the Temporary Skilled Migration Income Threshold (TSMIT) and ensuring the worker’s pay and conditions align with Australian workplace standards, covering fair wages, working hours, leave entitlements, and workplace safety.
While not a legal requirement, offering settlement support to your sponsored workers can greatly improve their adjustment and productivity. Help with housing, healthcare navigation, legal rights, and community integration can make a big difference to a worker’s wellbeing and long-term retention.
Employers must ensure ongoing compliance with all Australian immigration and workplace laws. This includes maintaining accurate records of employment conditions, visa statuses, and any changes in the employment situation. The Australian government conducts regular audits to ensure compliance, and failure to adhere to these regulations can result in significant penalties.
Should the employment relationship end or undergo significant changes (e.g., changes in role, work location, or salary), Australian employers are required to notify the Department promptly. This is crucial to maintaining compliance and ensuring the well-being of the sponsored worker.
Sponsoring a skilled worker from overseas into Australia is a process that demands careful attention to legal and ethical responsibilities. By adhering to these obligations, Australian employers can leverage international talent to enhance their workforce while ensuring a positive experience for both the business and the sponsored individual.
Our migration agency is committed to assisting Australian businesses through every stage of the sponsorship process. With our expertise in Australian immigration, we can help your organisation navigate the complexities of sponsorship, ensuring compliance and success. Contact us today to explore how we can support your business in harnessing global talent effectively.
Disclaimer – Content in these articles does not constitute immigration or legal advice, it is not intended as a substitute for such advice and must not be relied upon as such. This material is designed to provide informative guidelines for general informational purposes only. The information provide is accurate during the time of publication. Please consult with our Australian MARN registered agents via our content forms on our website or call on 1800 567 663 to make an appointment.
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