Is your business lacking the skilled workforce it requires to achieve its full potential?

Overseas skilled workers may be the answer if you are unable to recruit employees in Australia to fill these positions. Various temporary and permanent visas are currently available to enable an Australian business to employ overseas skilled workers.

Whether temporary or permanent visas are applied for by the employer, sponsorship from the employer will always be required.

In the category of temporary visas the most popular visa is the temporary business long stay – standard business sponsorship (sub class 457).

The employer can sponsor approved skilled workers to work in Australia.

Employers can nominate a number of different occupations under the same sponsorship application.

This visa allows employers to employ overseas workers to fill nominated positions.

The employer will be able to employ overseas workers for a period of between 3 months and 4 years.

For the employer to qualify for this visa, the business must be approved as a sponsor before the employer can employ overseas skilled workers.

Various requirements will determine the employer’s eligibility for this visa:

1. the employer must lawfully and actively be operating a business;
2. the employer must directly be the employer of the employee;
3. the employer must have a good business record;
4. the employer must abide by immigration laws; and
5. the employment of the skilled worker must benefit Australia.

Obligations of the employer:

1. the employer must be responsible for costs eg travel expenses, medical expenses, repay the Australian government any monies spent by the government as a result of the employees’ stay in Australia;
2. the employer must comply with Australian immigration laws;
3. the employer must cooperate with the Department of Immigration and Citizenship;
4. the employer must comply with the terms of the nomination;
5. the employer must comply with the workplace relations laws; and
6. the employer must pay at least the Minimum Salary Level (MSL) to primary subclass 457 visa holders.

 The basic three steps to get a sub class 457 visa in place are:

1. the employer applies to be a sponsor;
2. the employer nominates a position; and
3. the employee applies for a visa.

Overseas skilled workers may be a valuable addition to your business. We trust the information provided in this article will assist you in determining whether this will be a viable option for your business.

For more information on temporary and permanent employer sponsored visas, general skilled migration and business visas contact Lynn & Brown Lawyers. Ph:9375 3411 MARN 0641345.