Employer sponsored visas make up a significant part of Australia’s immigration intake
Our RMA has assisted numerous clients in medium and small businesses, ranging from corporations with 20 employees to 1 employee to obtain the necessary sponsorship approval to allow for the sponsorship of employment visas.
Temporary employer sponsorships. This program enables employers to sponsor overseas workers to be employed in Australia on a temporary basis for up to 4 years. There are concessions for employers in regional areas of Australia.
Employers can be either Australian businesses or overseas businesses. There are three steps involved:
- Step 1 – Employer lodges an application to be approved as a business sponsor (SBS).
- Step 2 – Employer nominates a position: The employer must nominate the position to be filled from a special list of occupations.
- Step 3 – Employee applies for a visa.
Permanent employment visas (subclasses 856)
The Employer Nomination Scheme (ENS) allows Australian employers to sponsor highly skilled employees for a permanent visa to work in Australia. There are concessions for employers in regional areas of Australia (RSMS 857 visas).
Applicants from offshore or on temporary work visas may qualify for permanent residence for Australia through employer sponsorship. Our office is able to assist with applications representing the sponsoring business (nomination stage) as well as the visa application stage.
Applicants over 45 years of age must apply on the basis of an “exceptional appointment”. The relevant legislation does not determine a boundary in relation to age for ENS applications. The departmental policy (procedure advice manual) directs that applicants aged 60 years and older should no longer be considered for exceptional appointments. Our team has over the years successfully represented a number of visa applicants aged over 60 years which application will be dependant on the factual circumstances of each case, such as the expertise required for the relevant position, the seniority of the role, the nominated occupation is an occupation in demand, etc.
Sponsorship through a Labour Agreement
With the significant delay to processing of skilled visas not on the critical skills list, an alternative to skilled migration could be an employer sponsor visa to ensure a more streamlined and quicker outcome for you to obtain a work visa in Australia
Teleo Immigration has access to positions held under a pre approved labour agreement whereby you can be sponsored in a number of professional positions, including management and IT & C.
Persons employed under a labour agreement are still eligible to apply for permanent residence through ENS after two years on a 457 visa (without skills assessment). You can apply sooner, however you will require a skills assessment, which our office can conduct on your behalf, and you must then provide evidence to the department that you have at least three years of work experience in your nominated or closely related occupation.
Potential “self sponsorship” through a corporate structure
A visa applicant can not sponsor himself / herself for an employer sponsored visa through the structure of a sole proprietor or similar structure. However, this can be overcome through the incorporation of an independent legal entity through which business can be actively conducted in Australia.
Please advice if our office can provide additional information on the incorporation of companies in Australia for the purpose of conducting business in Australia as a corporation.