Working visas to Australia. Employment of foreign workforce in Australia.
IMPORTANT! Please, note that we are NOT a recruitment agency and thus can NOT provide any assistance with general search of employment or finding temporary jobs in Australia for the job seekers who are OUTSIDE Australia. We can provide a guidance and reasonable assistance with a job search in Australia ONLY to OUR CLIENTS who are either already in the process of applying for a visa to Australia or have already obtained their visa or have already arrived in Australia to settle down.
Due to the acute than ever shortage of skilled labour force in virtually areas of Australian economy the Australian authorities implemented an array of migration laws permitting the Australian employers to hire staff from overseas to fill in vacant positions which otherwise could not be taken by Australian citizens or Permanent Residents.
The procedures of applying and obtaining working visas as well as the migration criteria both Australian employer and overseas employee are to meet in order to be eligible for visas are subject to stringent laws administered by the Immigration Department of Australia (DIAC). Although there are plenty of skilled specialists working currently in Australia on a full-time basis getting a job and obtaining a working visa is NEVER EASY, far from being a `joy-ride`.
Getting such visas on your own could be a daunting experience for those unfamiliar with a very complex Australian migration system.
Please, note that it is NOT enough to surf the Internet browsing for job ads in Australia and then blast the Australian employers with your CVs and dozens of emails to secure employment in Australia.
While thinking about work in Australia, please, keep in mind that your prospective Australian employer MUST:
- be eligible to sponsor overseas employees (see below);
- be willing to sponsor your working visa application (even if he/she is eligible to be your sponsor);
As an overseas employee seeking a job in Australia you MUST:
- have a confirmed job offer in WRITING from your Australian employer;
- be highly skilled (i.e. have formal postsecondary professional education and relevant skilled working experience);
- be fluent in English (a recently obtained IELTS test certificate with at least 4.5 overall band average score is required as a proof of English language proficiency);
In order to alleviate the existing skills shortage in Australia a whole range of working visas is offered to prospective job seekers from overseas countries. Please, follow the links below for more details or refer to the DIAC web site:
http://www.immi.gov.au/allforms/booklets/1154.pdf
http://www.immi.gov.au/allforms/booklets/1131.pdf
http://www.immi.gov.au/skilled/skilled-workers/sbs/
The most popular working visa category to Australia is known as `Long Stay Business Visa (subclass 457)`.
This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. There are also special arrangements for employers in regional areas across Australia.
This visa is for employers who would like to employ overseas workers to fill nominated skilled positions in Australia.
With this visa Australian employers can employ overseas workers for a period of between three (3) months and four (4) years.
With this visa the overseas employees can:
- work in Australia for a period of between three (3) months and four (4) years
- bring any eligible secondary applicants (immediate family) with them to Australia – secondary applicants can work and study
after entering Australia, have no limit on the number of times they travel in and out of Australia.
The process of applying for 457 visa consists of three consecutive major stages which MUST be strictly adhered to:
Stage 1
The Australian employer applies for Standard Business Sponsorship (SBS).
The SBS must be approved by the Department of Immigration (DIAC).
An employer needs to be approved as a sponsor in order to employ skilled workers from overseas. The following requirements must be met for an employer to become a sponsor:
•Lawfully and actively operating business
The employer must be lawfully operating a business that is actually and actively engaged in business activities.
Example: A business that exists on paper only (for example a shelf company) is not acceptable.
New businesses or business proposals may be considered if there is clear evidence of intention to establish the business.
•Direct employer of the employee
The sponsor must be the direct employer of the employee. The direct employer is usually responsible for such things as:
- payment of salaries
- PAYG tax instalments
- superannuation
- conditions of employment
- day-to-day supervision of the employee
For groups of related companies, the direct employer can be related to the approved sponsor. For example, the head company of a corporate group of companies in Australia may be approved as a sponsor while a subsidiary company is the direct employer.
•Good business record and abide by immigration laws
To meet this requirement:
- there must be nothing adverse known about the business
- if the employer has previously sponsored employees to Australia, they must have a satisfactory record of complying with immigration laws
- the activities of the business must not be illegal in Australia.
•Benefit to Australia
The employment of skilled workers from overseas must benefit Australia. For example, the arrangement could:
- provide employment for Australian citizens or Australian permanent residents
- expand Australian trade in goods or services
- improve business links with international markets
- improve competitiveness within the sectors of the Australian economy.
•Advance skills of existing workforce
The employer must also demonstrate that their Australian business operations will meet one of the following requirements:
- introduce, use or create new business skills
- introduce, use or create new or improved technology
- have a satisfactory record of, or a demonstrated commitment towards training Australian citizens and Australian permanent residents
Stage 2
Employer Nominates a Position.
The purpose of the nomination process is to identify the:
- position to be filled
- skills and experience required for the position
To lodge a nomination the employer must have either:
- already lodged a sponsorship application or
- had a previous sponsorship approved or
- applied for sponsorship on the same form and at the same time as the nomination application.
The employer must lodge a nomination application. The nomination application must provide details of the vacant position and the skills and experience required by the employee who will fill the position.
To nominate a position the employer must:
have been approved as a business sponsor
or
have already lodged an application to become an approved business sponsor
or
lodge an application to become a business sponsor at the same time that you lodge the nomination application.
Position requirements
A nominated position must:
- be full-time
- meet all relevant Australian laws and award conditions
- meet the minimum skills level
- meet the minimum salary level
Minimum skill level
There is a list of approved occupations that meet the minimum skill level requirement for this visa. Check this list to ensure that your nominated position matches one of the occupations on the list.
Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2008
http://www.immi.gov.au/skilled/skilled-workers/sbs/occupations.pdf
English language
Certain subclass 457 visa applicants will need to meet the English language requirement.
Changes to the Subclass 457 Visa Program - English Language Requirements http://www.immi.gov.au/skilled/skilled-workers/changes-eng-req.htm
Minimum Salary Level (MSL)
Employers must pay at least the Minimum Salary Level (MSL) to primary subclass 457 visa holders in their employment. A higher salary must be paid where required under workplace law or where negotiated between the employer and visa holder.
The Minimum Salary Level (MSL) is a gross annual salary, based on a 38 hour week that cannot include bonuses, overtime and other items. The salary level changes from time to time in line with wage movements. Further information about how to calculate the Minimum Salary Level (MSL) component of the total salary package is in the Legislative Instrument.
The minimum salary level, based on a 38 hour week, is currently set at:
AUD$59 480 for Information and Communication Technology occupations in Schedule B of the Legislative Instrument
AUD$43 440 for all other gazetted occupations in Schedule A of the Legislative Instrument.
Stage 3
Employee Applies for a Visa
The employee must apply for a visa to work in Australia on a temporary basis.
To lodge a visa application the sponsorship and nomination must have been lodged with or prior to the visa application.
Employee Eligibility
As an employee, you must meet all of the following requirements:
- be sponsored by an employer to fill a nominated position
- have skills, qualifications, experience and an employment background which match those required for the position
- have English language skills equivalent to an average band score of 4.5 across the four test components in an International English Language Testing System (IELTS) test, or higher where required for licensing/registration/membership. You may also be required to demonstrate these skills through a formal test, unless you have been exempted under the regulations
- be eligible for any relevant licences or registration required for the nominated position
- demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa.
- you must be of good health
- you must be of good character
If the employer and employee are eligible willing and able to meet their obligations under the visa, they can commence the 3-stage application process.
Pease, feel free to contact us, should you have any queries or require any additional information. Thank you!
Working visas
