How to Sponsor Skilled Workers From Overseas

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October 25, 2024

The current labour shortage crisis is affecting many in-demand sectors such as aged care, childcare, and construction. In fact, nearly 30% of all businesses in the country have reported unfulfilled job vacancies. In instances where suitable Australian workers cannot be sourced, Australian employers can sponsor skilled workers from overseas. Although this process might seem confusing and unfamiliar, it can be an excellent staffing solution for businesses of all sizes. Let’s unpack the key steps to becoming an approved sponsor:

Step 1: Check the Eligibility Requirements

Before sponsoring a skilled overseas worker, you must first check your eligibility. To be able to become a sponsor, you must meet certain criteria, which include the following:

  • Your business must be legally established and currently operating: To become a standard business sponsor, your business must be legally established and currently operating. Your business can be in or outside of Australia.
  • There must be no adverse information regarding your business: Any adverse information regarding you, your organisation, or someone associated with your organisation could affect your suitability to become a sponsor. Your application may be refused or cancelled.
  • The occupation must be on the skilled occupations list: The skilled occupations list details which occupations are eligible for employer sponsorship in Australia. This list is updated regularly based on current and predicted skill shortages. If the occupation is not on the skilled occupations list, you may be able to negotiate a labour agreement instead.
  • You must have the financial capacity to meet sponsorship obligations: This includes paying the worker at least the Annual Market Salary Rate (AMSR) and any application fees.

Step 2: Create an ImmiAccount

ImmiAccount is your gateway to apply for sponsorship and associated visas. It allows you to draft, lodge, and manage your applications electronically. You can also pay any fees, communicate with the Department of Home Affairs, and update your personal details on the same platform.

To create an ImmiAccount, visit the Department of Home Affairs website. Click ‘Create ImmiAccount’ and follow the prompts to register successfully.

Step 3: Find a Suitable Visa

After creating an ImmiAccount, you need to find a visa that suits the employee and your needs. This might involve researching the different types of visas and checking their conditions. The Visa Entitlement Verification Online system (VEVO) can be helpful when determining which visa pathway is most appropriate.

Step 4: Complete a Business Sponsor Application

The next step is to complete a sponsor application. You can apply to become one of the following:

  • A standard business sponsor: A standard business sponsor is able to sponsor an applicant for a Temporary Skill Shortage visa (subclass 482).
  • An accredited sponsor: To become an accredited sponsor, you must first be a standard business sponsor. Accredited sponsors receive priority when the Department of Home Affairs processes nominations and visa applications.
  • A temporary activity sponsor: A temporary activity sponsor is able to sponsor an applicant for a Temporary Activity visa (subclass 408), a Temporary Work (International Relations) visa (subclass 403), or a Training visa (subclass 407).

Step 5: Gather Documents

In your application, you’ll need to include the following:

  • Evidence of labour market testing: Labour market testing confirms that no suitable Australian workers can be sourced to fill labour shortages. This generally involves advertising the position. In your application, you must include evidence of your labour market testing and ensure that it meets the requirements of your specific occupation. 
  • Proof that your business is legally established: To prove your business is legally established, you must provide either an Australian Business Number (ABN) registration certificate, an Australian Registered Body Number (ARBN) registration certificate, or evidence of registration in the country you operate from.
  • Proof that your business is currently operating: To prove your business is currently operating, gather documents such as profit and loss statements, annual reports, tax returns, bank statements, or contracts. If your business is not yet operating, you must show your intent to operate in Australia. This could include a business plan or written agreement.
  • Written attestation: As a part of your application, you must attest in writing that you have demonstrated commitment to employing local labour. You must also declare that you will not engage in any discriminatory practices.

Step 6: Pay the Application Fee

After lodging your application, you will need to pay the application fee which is currently $420. After this fee has been paid, note the Transaction Reference Number (TRN) for your records.

It is important to note that your application will not be processed until the fee has been paid. Incomplete applications might be delayed or refused if there is insufficient information to show you meet the requirements.

Step 7: Nominate the Occupation

After your sponsor application has been approved, you will need to nominate the occupation that is to be filled by an overseas worker.

The position needs to be a current occupation listed on the skilled occupations list. You must nominate the skilled worker’s occupation as required by the visa type chosen and include the details of the person to fill the position. 

Step 8: Complete a Visa Application

This step must be completed by the skilled worker (nominee). However, you will need to check that the skilled person meets the visa eligibility criteria.

Some nominees are required to complete a skills assessment for their chosen occupation. This assessment is a part of the visa application process.

Once the visa application has been approved, you are all set to start sponsoring a skilled worker!

Here at AustraliaMigrate, we understand the importance of finding the right people to work for your business. If you are unable to find suitable Australian workers, sponsoring skilled workers from overseas can be a great solution. To explore your options, contact us today and speak with one of our experienced immigration agents.

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