Are you looking to employ a skilled worker from overseas?
Do you have a current Standard Business Sponsorship?
The Temporary Skill Shortage (TSS) subclass 482 visa (formally the 457 Visa) allows businesses to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian.
The business can nominate and sponsor the individuals visa, however there are number of requirements that must be met before a business is eligible to sponsor the visa.
A business must hold a current Standard Business Sponsorship in order to nominate and sponsor a skilled worker direct. If they do not have a current Standard Business Sponsorship, they may be able to make use of a company with a Labour On-Hire Agreement to sponsor the individual they are seeking to employ.
An employer can apply for Standard Business Sponsorship with the Department of Home Affairs, which will allow them to nominate and sponsor an individual under the TSS Visa.
To become a Standard Business Sponsor you must be a legally operating business with no relevant adverse information against your business. To prove this you must satisfy all business registration requirements and provide evidence of record keeping which demonstrates that your business is currently operating. The business ABN Registration Certificate and recent Financial Reports are examples of documents you may need to provide when applying for Business Sponsorship.
Importantly, there are a number of caveats associated with certain occupations which will prevent certain businesses from sponsoring an occupation. If your business has a turnover of less than $1 million or has fewer than 5 employees, you will not be able to sponsor a skilled overseas worker in certain occupations.
On-Hire Labour Agreement
An alternative to Standard Business Sponsorship is employing the services of an On-Hire Labour Agreement Company, who can sponsor your worker on your behalf.
An on-hire labour agreement allows an on-hire business to sponsor temporary skilled overseas workers in occupations on the combined list of eligible skilled occupations for Temporary Skill Shortage (TSS) subclass 482 visa, where it can be demonstrated that there is no appropriately qualified Australian worker readily available. A business which enters into an on-hire labour agreement becomes an approved sponsor and is able to nominate and sponsor overseas workers in the approved occupations.
An approved sponsor with an on-hire business can assign overseas workers to work for a third party, for instance a business who was unable to sponsor the worker directly. The on-hire business has to comply with the mandatory conditions as required by law (Fair Work Act 2009) and the Department of Home Affairs Regulations.
To find out more about how to obtain Standard Business Sponsorship Approval or how a Labour On-Hire Company can assist you if you are unable to sponsor direct, talk to us… [email protected]