How to get Employer Sponsored Visa in Australia

Do you want to live and work in Australia? An employer sponsored visa might help you do just that. Australia has different types of visas for skilled workers sponsored by employers who can’t find suitable candidates locally. In this guide, we’ll tell you all about getting an employer sponsored visa in Australia, from who’s eligible to how to apply.

Australia has a strong economy and lots of job opportunities. It’s a great place for skilled professionals from all over the world. If you’re a skilled worker looking for new opportunities or an employer trying to fill a position with someone from abroad, the employer sponsored visa could be the answer.

We’ll explain everything about the employer-sponsored visa process in Australia. We’ll give you helpful tips and advice to help you through the process. We’ll cover different visa options, what you need for sponsorship.

Eligibility Requirements to get Employer Sponsored Visa in Australia

Let’s delve deeper into the essential eligibility requirements for the two primary types of Employer-Sponsored visitor Visas in Australia: the Temporary Skill Shortage (TSS) visa and the Employer Nomination Scheme (ENS) visa.

Here’s an overview:

Temporary Skill Shortage (TSS) Visa (Subclass 482)

1. Skills and Occupation: Your occupation must be on the relevant skilled occupation list (Medium and Long-term Strategic Skills List (MLTSSL) or Short-term Skilled Occupation List (STSOL)) for the Temporary Skill Shortage visa subclass 482. The MLTSSL allows for longer-term visas, while the STSOL is for short-term visas.
2. Sponsorship: You need a sponsoring employer approved as a Standard Business or Temporary Activities Sponsor. They must nominate you for the visa and provide evidence of the need for your skills.
3. Work Experience: Depending on the occupation, you may need some work experience to be eligible.
4. English Language Proficiency: Most applicants must demonstrate English proficiency through IELTS, TOEFL, or PTE Academic tests. Exemptions may apply in some instances.
5. Labour Market Testing: Before nominating you, your employer may need to conduct labour market testing to show that they have unsuccessfully tried to find suitable Australian workers for the position.
6. Health and Character: You must meet health and character requirements, including undergoing a medical examination and providing police clearance certificates.

Employer Nomination Scheme (ENS) Visa (Subclass 186)

1. Occupation: Your occupation must be on the relevant skilled occupation list (Medium and Long-term Strategic Skills List (MLTSSL), Short-term Skilled Occupation List (STSOL), or Regional Occupation List (ROL)) for the Employer Nomination Scheme visa subclass 186.
2. Sponsorship: You need a sponsoring employer who is an approved Standard Business Sponsor. They must nominate you for the visa and provide evidence of the need for your skills.
3. Skills and Qualifications: You must have the skills, qualifications, and experience necessary for the nominated occupation. This may include having relevant qualifications or work experience in your field.
4. English Language Proficiency: You must demonstrate English proficiency through tests like IELTS, TOEFL, or PTE Academic unless you are exempt.
5. Age: There is typically no age limit for the Direct Entry stream of the ENS visa. However, you must be under 45 years old for the Temporary Residence Transition stream.
6. Health and Character: Similar to the TSS visa, you must meet health and character requirements, including medical examinations and police clearance certificates.

How to get Employer Sponsored Visa in Australia

Getting an Employer-Sponsored Visa in Australia involves several steps, including finding a sponsor, determining your eligibility, and submitting a visa application.

Here’s a comprehensive guide on how to proceed:

Step 1: Determine Eligibility

1. Check Occupation Lists: Ensure that your occupation is on the relevant skilled occupation list for the visa subclass you are interested in (e.g., Temporary Skill Shortage visa (subclass 482) or Employer Nomination Scheme visa (subclass 186)).
2. Assess Skills and Qualifications: Ensure you have the skills, qualifications, and work experience required for your nominated occupation.
3. English Language Proficiency: If required for your visa subclass, take an English proficiency test such as IELTS, TOEFL, or PTE Academic and achieve the minimum score.
4. Health and Character Requirements: Undergo a medical examination and obtain police clearance certificates to meet health and character requirements.
5. Age and Other Criteria: Consider any age limits or additional criteria specific to the visa subclass you are applying for.

Step 2: Find a Sponsor

1. Research Employers: Look for Australian employers approved as Standard Business Sponsors and operate in your field of expertise.
2. Apply for Job Opportunities: Apply for job openings that match your skills and qualifications. Highlight your eligibility for an employer-sponsored visa in your application.
3. Network: Utilize professional networks, job fairs, and online platforms to connect with potential sponsors and employers seeking skilled workers.

Step 3: Receive Sponsorship and Nomination

1. Employer Nomination: Once a sponsor agrees to hire you, they will nominate you for the appropriate visa subclass (e.g., subclass 482 or subclass 186) and submit the nomination application to the Department of Home Affairs.
2. Nominated Occupation and Salary: Ensure that the nominated occupation aligns with your skills and qualifications and that the offered salary meets the minimum requirements set by the Australian government.

Step 4: Lodge Visa Application

1. Gather Required Documents: Collect all necessary documents, including identity proof, educational certificates, employment history, English proficiency test results, health assessments, and police clearance certificates.
2. Online Application: Lodge your visa application online through the Department of Home Affairs’ ImmiAccount portal. Pay the required visa application fee.
3. Wait for Processing: Wait for the Department of Home Affairs to process your visa application. This may involve additional checks, interviews, or requests for further information.

Step 5: Visa Grant and Arrival in Australia

1. Visa Grant: You will receive a visa grant notification if your visa application is approved. Review the visa conditions and travel validity.
2. Travel to Australia: Make travel arrangements to enter Australia within the specified visa validity period. Adhere to all visa conditions during your stay in Australia.
3. Commence Employment: Start working for your sponsoring employer per the terms outlined in your visa and employment contract.

Sponsorship Responsibilities to Sponsored Visa in Australia

Employers who sponsor individuals on visas in Australia have various responsibilities and obligations. These responsibilities ensure that the visa program is used appropriately and that sponsored workers are treated fairly.

Here are the critical sponsorship responsibilities for employer-sponsored visas in Australia:

1. Compliance with Immigration Laws

1. Nomination Obligations: The employer must nominate the sponsored worker for a specific occupation under the correct visa subclass and meet the Department of Home Affairs requirements.
2. Meet Market Salary Requirements: The sponsored worker must be paid at least the market salary rate for their occupation in the region where they will be employed. This ensures that sponsored workers are not exploited or underpaid.
3. Adhere to Employment Terms: The employer must provide the sponsored worker with the terms and conditions of their employment, including working hours, duties, and entitlements, as per Australian employment laws.

2. Notification and Reporting

1. Notify Changes: The employer must notify the Department of Home Affairs of any significant changes in the sponsored worker’s employment, such as changes in duties, salary, or work location.
2. Report Ceasing Employment: If the sponsored worker ceases employment before the visa expiry date, the employer must inform the Department of Home Affairs within a specified timeframe.

3. Monitoring and Record-Keeping

1. Maintain Records: Employers must keep accurate records of sponsored workers’ employment, including payroll records, timesheets, and employment contracts, for inspection by immigration authorities if required.
2. Cooperate with Inspections: Employers must cooperate with immigration inspections and audits to ensure compliance with visa sponsorship obligations.

4. Training Obligations (if applicable)

1. Training Plans: Some visa subclasses, such as the Temporary Skill Shortage (TSS) visa (subclass 482), require employers to contribute to the training of Australian workers through a training levy or by providing training opportunities.
2. Training Obligations: Employers may need to demonstrate that they are meeting their training obligations by providing evidence of training initiatives and investments in skill development.

5. Responsibilities Towards Sponsored Workers

1. Provide a Safe Workplace: Employers must provide a safe working environment and comply with occupational health and safety regulations to ensure the well-being of sponsored workers.
2. Fair Treatment: Sponsored workers must be treated fairly and not subjected to discrimination, harassment, or unfair dismissal based on their visa status.

6. Cooperation with Authorities

1. Cooperate with Investigations: Employers must cooperate with immigration authorities during investigations or inquiries related to visa sponsorship and compliance.
2. Provide Information: Employers may be required to provide additional information or documentation to verify their compliance with sponsorship obligations.

Common Mistakes to Avoid

When navigating the process of obtaining an employer-sponsored visa in Australia, there are several common mistakes that applicants often make.

Here are some key ones to avoid:

1. Insufficient Research

• Mistake: Failing to thoroughly research visa requirements, occupation lists, and sponsorship obligations can lead to choosing the wrong visa subclass or being unprepared for the application process.
• Avoidance: Take the time to understand the specific requirements for the visa subclass you are interested in, including eligibility criteria, occupation lists, English language requirements, and health and character assessments.

2. Inaccurate Information

• Mistake: Providing incorrect or incomplete information in the visa application can lead to delays or rejection.
• Avoidance: Double-check all information the application provides, including personal details, work history, educational qualifications, and supporting documents. Ensure accuracy and consistency throughout the application.

3. Lack of Professional Advice

• Mistake: Attempting to navigate the visa application process without professional advice or guidance from a registered migration agent can result in mistakes or oversights.
• Avoidance: Consult with a registered migration agent or immigration lawyer who can provide personalized advice, assist with the application process, and ensure compliance with visa requirements and sponsorship obligations.

4. Ignoring Sponsorship Obligations

• Mistake: Employers sponsoring individuals on visas must adhere to sponsorship obligations, such as providing market salary rates, maintaining accurate records, and notifying authorities of changes.
• Avoidance: Ensure that both the sponsoring employer and the sponsored individual know their obligations under the visa sponsorship arrangement. Maintain proper documentation and communication to meet sponsorship requirements.

5. Neglecting English Language Proficiency

• Mistake: Underestimating the importance of meeting English language proficiency requirements can lead to visa application rejections.
• Avoidance: If the visa subclass requires English language proficiency testing (e.g., IELTS, TOEFL), prepare and obtain the required scores before applying. Consider language courses or practice materials to improve language skills.

6. Rushing the Application

• Mistake: Submitting a rushed or incomplete visa application without thorough preparation can result in errors or omissions.
• Avoidance: Take the time to carefully review all visa application requirements, gather necessary documents, and complete the application accurately. Plan to allow sufficient time for processing and potential follow-up requests.

7. Overlooking Health and Character Checks

• Mistake: Neglecting health examinations or character checks required for the visa application can lead to delays or refusals.
• Avoidance: Complete all necessary health assessments and obtain police clearance certificates as per visa requirements. Address any potential health or character issues proactively to prevent complications during the application process.

8. Not Keeping Updated

• Mistake: Failing to stay updated with changes in visa policies, requirements, or processing times can result in outdated information affecting the application.
• Avoidance: Regularly check official sources such as the Department of Home Affairs website for updates, policy changes, and processing guidelines. Stay informed about any relevant developments that may impact your visa application.

Conclusion

FAQs

• What are the essential eligibility criteria for an employer-sponsored visa in Australia?
  • Understanding the eligibility criteria is crucial. Factors such as having a sponsor, occupation on the skilled occupation list, meeting skills and qualifications requirements, English language proficiency, health and character assessments, and age limits (if applicable) are all essential considerations.
• What responsibilities do employers have when sponsoring individuals on visas?
  • Employers must fulfil various responsibilities, including providing market salary rates, adhering to employment terms and conditions, notifying authorities of changes, maintaining accurate records, cooperating with inspections, and meeting training obligations where applicable.
• How can applicants improve their chances of success in obtaining an employer-sponsored visa?
  • Thorough research, accurate information in the application, seeking professional advice, addressing health and character checks proactively, staying updated with visa policies, and planning for the application process are key strategies to enhance the chances of success.
• What are the consequences of non-compliance with visa sponsorship obligations?
  • Non-compliance can lead to severe consequences such as visa cancellations, fines, bans on future sponsorships, and reputational damage. It’s crucial for both employers and sponsored individuals to understand and fulfil their obligations to avoid such penalties.