Sourcing skilled workers from overseas is increasingly becoming a strategic move for businesses. The process of sponsoring an overseas worker involves navigating a complex legal framework and fulfilling a set of stringent responsibilities. Follow these tips below to ensure a successful and compliant sponsorship process.
Australian employers looking to sponsor overseas workers primarily engage with the Temporary Skill Shortage (TSS) visa (subclass 482) or the Employer Nomination Scheme (ENS) visa (subclass 186), among other visa options. Each category has distinct requirements and conditions that both employers and employees must meet. Familiarising yourself with these visas is the first step in the sponsorship journey.
Before you can sponsor an overseas worker, your business must be approved as a sponsor by the Australian Department of Home Affairs (the Department). This process involves demonstrating your company’s legitimacy, financial stability, and the genuine need for an overseas worker to fill a specific role. Australian businesses must also engage in Labour Market Testing (LMT) to prove that no Australian worker is available to fill the job, thereby justifying the need for an overseas hire.
It is imperative that sponsored workers in Australia are offered fair work conditions that are no less favourable than those that would be offered to an Australian performing the same role in the same location. This includes providing a market salary rate that complies with the Temporary Skilled Migration Income Threshold (TSMIT) and ensuring conditions of employment meet Australian standards regarding working hours, leave entitlements, and workplace safety.
Though not legally required, best practice dictates that Australian employers offer support to their sponsored workers in adjusting to life in Australia. This can range from assistance with finding accommodation to guidance on accessing healthcare, understanding local laws, and integrating into the community. Such support can significantly enhance the sponsored worker’s ability to contribute effectively to your business.
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. 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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