A sponsorship visa in Australia allows employers to hire skilled foreign workers to fill roles when qualified Australians are not available. This visa helps address labor shortages and supports the Australian economy by bringing in talent from abroad. It involves both a nomination from an approved sponsor and a visa application from the worker, ensuring that foreign skills complement the local workforce. If you wish to sponsor and/or nominate a skilled worker, you can do this through these visas: Skills in Demand (SID) visa (SC 482), Employer Nomination Scheme (SC 186), Skilled Employer Sponsored Regional (Provisional) visa (SC 494), and Training visa (SC 407).
How to Become a Sponsor
Overview:
To be eligible to sponsor a qualified skilled worker, you must have an approved Standard Business Sponsorship (SBS).
To be eligible, you must:
have a legally established and currently operating business;
have no adverse information regarding your business;
have a strong record of, or a demonstrated commitment to, employing local labour; and
must declare you will not engage in discriminatory recruitment practices.
How long the sponsorship lasts:
Standard Business Sponsorship (SBS) will last for 5 years from the date of the approval. You can renew your sponsorship after the 5-year validity.
Relevant Government Fees:
AUD420.00
Turnaround:
6- 21 days
How to Nominate a Skilled Worker
Overview:
You can nominate and sponsor an overseas skilled worker or a visa holder in Australia to work in your company. You can also sponsor their family members who apply for the visa with them.
I. Skills in Demand (SID) visa (SC 482)
To nominate a skilled worker under SC 482, you must:
be a Standard Business Sponsor;
nominate the worker for a position in your company;
unable to find an Australian worker (You must conduct *Labour Market Testing, unless exempted);
pay the annual market salary rate;
have a genuine position available;
engage the nominee under written contract of employment; and
employment conditions must be equivalent to Australian workers.
How long the nomination lasts:
Usually, your nomination lasts for 12 months from the approval date. The nominee must begin employment within 90 days of:
entry to Australia if they are outside Australia when we grant the visa
the visa grant date if they are in Australia when we grant the visa
Relevant Government Fees:
Nomination Fee: AUD 330.00
Skilling Australians Fund (SAF) levy: AUD1200 - AUD1800 per year. The amount depends on the business turnover, and the proposed period of stay of the employee. The levy payments are tax deductible.
Turnaround:
3-35 days (subject to change)
II. Employer Nomination Scheme (subclass 186)
To nominate a skilled worker under SC 186, you must:
be an eligible business;
have a genuine position available;
offer a skilled position that is full-time and ongoing for at least 2 years. The nominee's employment contract must not limit the position to 2 years;
if the worker will earn less than AUD250,000 a year, pay them at least the annual market salary rate;
employ the worker under terms and conditions that are no less than as those for Australian citizens or permanent residents doing the same work in the same place. Terms and conditions include but are not limited to salary for the nominated position, hours of work and leave entitlements;
comply with Australian immigration and workplace relations law;
demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit your nomination; and
be the applicant’s current or most recent approved sponsor. (For ENS TRT only)
How long the nomination lasts:
If approved, your nomination will end if the employee you nominate:
does not apply for a subclass 186 visa within six months of the nomination approval
is refused a subclass 186 visa
Relevant Government Fees:
Nomination Fee (ENS DE): AUD540.00
Nomination Fee (ENS TRT): AUD540.00 (If the position is not located in regional Australia)
Skilling Australians Fund (SAF) levy: AUD3000 – AUD5000 per year. The amount depends on the business turnover and the proposed period of stay of the employee. The levy payments are tax deductible.
Turnaround:
Direct Employer Stream: 5-13 months (subject to change)
Temporary Residence Transition: 7-13 months (subject to change)
III. Skilled Employed Sponsored Regional (Provisional) visa (SC 494)
This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can't source an appropriately skilled Australian worker.
To nominate a skilled worker under SC 494, you must:
be a Standard Business Sponsor;
nominate the worker for a position in your company;
unable to find an Australian worker (You must conduct *Labour Market Testing, unless exempted);
pay the annual market salary rate;
have a genuine position available;
engage the nominee under written contract of employment; and
employment conditions must be equivalent to Australian workers.
How long the nomination last:
Approved nominations last for 12 months from the approval date and cease on the earliest of:
the day on which we receive written notification of the withdrawal of the nomination by the approved work sponsor
12 months after the day on which the nomination is approved unless, at the time, there is a visa application made by the nominee on the basis of the nomination that has not been finally determined
if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved – the day on which the visa application is finally determined or withdrawn
the day on which the nominee is granted the visa
the day 3 months after your approval as a standard business sponsor ceases unless you have reapplied
the day on which your approval as a standard business sponsor is cancelled.
Relevant Government Fee:
There is no application fee to nominate an applicant for this visa.
Skilling Australians Fund (SAF) levy: AUD3000 – AUD5000 per year. The amount depends on the business turnover and the proposed period of stay of the employee. The levy payments are tax deductible.
Turnaround:
4 months – 5 months
IV. Training Visa (SC 407)
This visa allows you to take part in workplace-based occupational training activities to improve your skills for your job, area of tertiary study, field of expertise, or in a professional development training program in Australia.
To nominate a skilled worker under SC 407, you must:
directly provide the occupational training, unless you are a Australian Commonwealth Government agency or have an exemption;
be an approved temporary activities sponsor to sponsor an applicant for this visa; and
be one of the following types of organisations:
an organisation lawfully operating in Australia
Government agency
Foreign government agency
Religious Institution
How long sponsorship lasts:
Usually sponsorship lasts for 5 years starting from the date of approval.
Relevant Government Fee:
AUD420.00 to sponsor
AUD170.00 to nominate
Turnaround:
62 days – 7 months
Labour Market Testing
Overview:
Labour market testing (LMT) generally involves advertising the position in Australia.
Before nominating an overseas worker, employers are required to test the local labour market and prove no suitable Australian worker is readily available to fill in the position.
Required advertising period:
The position must have been advertised for at least four weeks within the four-month period immediately prior to lodging the nomination application.
Requirements:
The advertisement must be posted in Australia, in English and included the following information:
Position title or description (multiple positions in one advertisement is acceptable).
Skills, qualification and experience required for the position.
Name of the approved sponsor or the name of the recruitment agency.
Salary for the position. It is acceptable to publish a salary range (for example, AUD80,000 to AUD90,000).
Acceptable platforms for advertisements:
At least 2 advertisements published in any of the below:
1. Preferred platforms: SEEK, Jora, Indeed, Workforce Australia
2. Other acceptable platforms:
Industry specific recruitment websites relevant to the occupation that are in significant use by the industry.
LinkedIn's online recruitment platform. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes. NB: A general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods.
National print media (newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia).
National radio with national reach.
Business' website if the sponsor is an accredited sponsor.
LMT Exemptions
LMT is not required where Australia has waived this requirement under its ITOs, including in any of the following circumstances:
Citizen/national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.
Current employee of a business that is an associated entity of your business, and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea, United Kingdom, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands or Vanuatu.
Current employee of an associated entity of your business, and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs, and the nominee will be responsible for the entire or a substantial part of your company's operations in Australia.
Your business currently operates in a WTO member country or territory, or Tuvalu, Kiribati, Niue, or the Cook Islands, and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs.
Citizen or an eligible permanent resident* of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years.
Conclusion:
In summary, applying for a sponsorship visa in Australia represents a significant opportunity for both personal and professional growth. This visa not only allows to contribute skills and expertise to Australia's diverse and dynamic workforce but also offers a pathway to becoming a valued member of a vibrant and inclusive community. By securing sponsorship, skilled workers gain the chance to advance their careers in a country renowned for its quality of life, innovation, and cultural richness. Moreover, the sponsorship visa facilitates a mutually beneficial relationship, where worker's contributions help meet Australia's skill needs while allowing them to thrive in a supportive environment.
Our Services:
XMBS (XM Migration and Business Solutions) offers comprehensive support for visa applicants throughout the entire process. We help you navigate the complexities of immigration laws and regulations, from your first consultation to the final visa approval, to increase your chances of getting the right visa for your needs.
For more information, contact our team and book a consult via office@littleflorence.au
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