Are you interested in sponsoring an overseas worker to work for your company? The laws regulating employer-sponsored visas can be complicated and convoluted. But we will try to simplify the process for you.
For employer-sponsored visas, there are usually three steps. The three steps are:
- Apply for standard business sponsorship.
- Nominate the worker.
- Apply for the visa for the worker.
1. Standard Business Sponsorship
The first stage of the application process requires the business to be approved by the Department of Home Affairs as a sponsoring employer. Sponsorships are generally valid for a period of five years. When you become a standard business sponsor, you can nominate a worker to work for you. The essential requirement is to show that you have a legally established business, and it is currently in operation. An SBS is required for a TSS 482 visa and optional for the ENS 186 visa.
2. Nomination
The second stage of the application process is to nominate the applicant to work for you. The applicant’s occupation must be on the occupation lists. This will determine the visa’s length available to the applicant and then government fees to be paid.
During this stage, you are required to show the Department of Home Affairs that the salary being paid to the applicant is at market salary rate and that you have completed the labour marketing testing. Labour market testing shows the Department of Home Affairs that you are unable to find Australian citizens or permanent residents to fill the position; hence you are required to hire a foreign worker.
3. Visa Application
Now, the applicant is ready to apply for the visa. The applicant must meet all the relevant requirements for the visa. These include:
- Age
- Skills
- Qualification
- Employment history
- English language
Below are some of the documents you will need to prepare the applications.
| Standard Business Sponsorship | ||
| Type of Document | Examples | Reasons |
| ABN | ABN Lookup | To prove that you are an Australian-based employer. |
| Bank Statements | Recent bank statement for the business account | To show that the business is actively operating. |
| Business Financials | Financial report
BAS Accountant letter of support |
To show that the business is financially viable to employ an overseas worker.
To show that the business is actively operating. To show financial growth and success. |
| Company Operational Documents | Lease Documents | To show evidence that the business is actively operating.
To show evidence of business ownership. |
| Contracts between clients or suppliers | Invoices
Service Contracts |
To show evidence that business is actively operating.
To show a real need to recruit extra staff. |
| Marketing Materials | Website details
Company’s brochures Products/Service Pricelist |
To show that the business is actively operating.
Building a profile for the business. |
| Nomination Application | ||
| Type of Document | Examples | Reasons |
| Evidence of Employment | Contract
Position Description |
To identify the employee and the employment location.
To show that the position is available. |
| Labour Market Testing | Screenshots of job advertisements | To show that you cannot find a suitable Australian citizen or permanent resident to fill the position. |
| Market Salary Rate | Industry remuneration report
Payscale report Rewards |
To prove that the overseas workers are paid no less than an Australian worker would be doing the same work in the same location. |
| Organizational Chart | Organizational Chart | To show that the position is genuine. |
| Visa Application | ||
| Type of Document | Examples | Reasons |
| Identification Documents | Passport
Birth Certificate Driver Licence Name Change Certificate Marriage Certificate |
To prove your identity. |
| Qualification Documents | Academic Certificate
Academic Transcript Completion Letter |
To show that you have the relevant skills and educational background to undertake the nominated occupation. |
| Work Experience | Employment reference letter
Resume/CV |
To show that you have the relevant skills and employment background to undertake the nominated occupation. |
| Character | Police Clearance | Must provide Australian police certificate if the applicant has spent 12 months or more in Australia in the last ten years since he/she turned 16.
Must provide an overseas police certificate for every country, including the applicant’s home country where he/she spent a total of 12 months or more in the last ten years since turning 16. |
| Health | Health checks | To ensure that the applicant is healthy. |
| English | English test report | To show the applicant meets the minimum English language proficiency standard. |
Different Visa Types
TSS visa is one of the more common visas to bring a foreign worker to Australia. However, there are other work visas. They also follow a similar process. Other work visa options include:
Related:
- COVID-19 concessions for Employer-Sponsored visas (SC457-482 and 186-187)
- 457 to PR
- COVID-19 Concessions for Business visas
- COVID-19 Concessions for Subclass 485 (Temporary Graduate) visas
- COVID-19 Concessions for Skilled Regional 887 visa
- TSS visa holders affected by Coronavirus
- 186 visa exemptions
- Leaving your visa sponsor (186, 482, 494, 408 visa)
- Latest COVID-19 concessions for Australian visas
- COVID-19 waiver for offshore Partner visa grant requirement
- Can my business sponsor a foreign worker?
RPL and TSS 482 visa
Excessive waiting times for parent visas
Northern Territory – Nomination Requirements (2024-2025)
Ending ‘visa hopping’ – 600 and 485 visas to student
35 Years or Under Age Limit for 485 Visa (50 for Masters by research and PhD)