Sponsoring an employee, can my business sponsor a foreign worker?

What do you have to do now? – Step by Step Process to sponsor a foreign worker

1. Apply for standard business sponsorship.
2. Nominate a worker.
3. Once you have the standard business sponsorship and the nomination lodged or approved by the Department of Home Affairs, the worker (visa applicant) can apply for the TSS visa.

Stage 1: Sponsorship (business- optional for 186 visa and required for TSS visa)

The first stage of the application process requires the business to be approved by the Department of Immigration as a sponsoring employer. The business would be required to provide evidence of lawful operation and financial details. Sponsorships are normally valid for a period of five years.

You need to show documents like:

• Australian Business Number (ABN) Registration Certificate
• Financial report including profit and loss statement and balance sheet for the last financial year
• Projected financial report including profit and loss statement and balance sheet
• Business Activity Statements (BAS) for the last 4 quarters
• Organisational chart of the business with reporting lines and positions held
• Advertisements/Promotional information
• Evidence of any new sales or contracts won
• Business expansion plans
• Lease agreement

Stage 2: Nomination (business)

The second part of the application process is the nomination application. This is regarding the position to be filled, salary details, efforts to hire Australian workers and the ‘genuineness’ of the position. The basic requirements for the nomination are:

• The occupation must appear on a particular government list. This will determine the potential length of the visa, as well as the government fees to be paid. The available lists can be seen here.

• Australian Market Salary Rate (AMSR). The business must demonstrate how the salary being offered is at least equivalent to what an Australian does/would earn for working in the same position. Once we know if there are equivalent staff we send you a draft letter for action. You must provide terms and conditions of employment that are no less favourable than those that would apply to an Australian citizen or Australian permanent resident doing equivalent work in the same workplace. You must prove that you will pay your skilled worker the market salary rate.
• Employment contract signed by both parties.
• Position description
• Genuine position statement on letterhead that explains the purpose of role and the need for the position
• Pay the Skilling Australians Fund Levy (SAF).
• Labour market testing:There must be a genuine need to hire a worker from overseas. You are required to show that you cannot find an Australian citizen or permanent resident with the skills and experience needed to fill the job position. To show the Department of Home Affairs that you cannot find a local worker, you must conduct labour market testing. You must advertise the role on 3 national reaching mediums before offering the position to the overseas applicant (unless an international trade obligation applies). The 3 mediums may be:

• • JobActive website (mandatory requirement)
  • prominent or professional recruitment website with national reach
  • industry-specific recruitment websites relevant to the occupation that are in significant use by the industry
  • national print media
  • national radio with national reach

The advertisements should be done within 4 months immediately before lodging a nomination application.

Stage 3: Visa Application (applicant)

The visa applicant must meet requirements relating to:

• Skills
• Employment history (work experience)
• English language
• Health and character
• Family members (if applicable)

The details of what is required will be situation-specific and advice is provided on a case by case basis. Please see fees involved here.