The Business Sponsorship Program allows an employer to recruit an overseas worker on a temporary basis for up to four years and provides an option for extension. During this period it is also possible to apply for a permanent visa thought the ENS scheme.
Under the Employer Nomination Scheme an employer may recruit a highly skilled overseas worker on a permanent basis, if the employee is currently working on a temporary visa or applying directly for a permanent visa.
The Business Sponsorship Process
Standard Business Sponsorship
Before employing an overseas worker a business is required to be approved as a Standard Business Sponsor by immigration.
To be eligible, businesses need to confirm they are legally operating in Australia and demonstrate their commitment towards Australian employees such as providing training, apprenticeships or supporting an industry fund.
Once a business is approved as a Standard Business Sponsorship, they can nominate an overseas employee. During the nomination process, the business is required to provide details of the position and demonstrate this is a genuine position required for business operations. Employers also need to comply with Australian market based salaries.
Once a nomination is approved, the employee should apply for a temporary skill shortage visa (subclass 482). This visa replaces the Temporary Work (Skilled) visa subclass 457.
The employee needs to demonstrate they:
- have the necessary skills and experience to work in the nominated position
- meet English language requirements
- meet health requirements
Overseas companies can also sponsor their employees by establishing a company or a branch in Australia.
ENS – Employer Nomination Scheme process
Nomination for a permanent appointment
To be eligible for ENS, businesses are required to:
- Demonstrate they are legally operating in Australia
- Demonstrate their commitment towards Australian employees such as providing training, apprenticeships or supporting an industry fund
- Demonstrate this is a genuine position required for business operations
- Comply with Australian market based salaries
- Offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
Permanent employer sponsored or nominated visa
Once the employer nomination is approved, the employee needs to apply for the permanent visa within six months.
The employee will need to demonstrate they:
- have the necessary skills and experience to work in the nominated position.
- meet English language requirements.
- meet health requirements.
- meet character requirements in Australia and their home country.
Dependent migrants will also have to meet health and characters requirements and meet the minimum English language level requirements.
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