THE BASICS WHEN CONSIDERING SPONSORING A WORKER

Australia is heavily reliant of foreign workforce, and it is very common to see businesses across the country employing temporary visa holders. There are ways and avenues to retain these workers by offering a sponsorship to a visa to remain in Australia. 

Below are the steps to follow when you wish to sponsor a foreign worker:

  • Prove you have tried to recruit local labour

    You are required to demonstrate that you have conducted labour market testing and it complies with the specified labour market testing criteria, including the requirement to prove that you were unable to find a suitable candidate within Australia to fill your job vacancy. Please note that there are a few select occupations exempt from this obligation.
  • The occupation offered must be on list

    To sponsor a skilled worker, it’s essential that the occupation you intend to nominate is included in the list of eligible skilled occupations.

    If the occupation you wish to nominate is not found on the eligible skilled occupations list, you may explore the possibility of entering into a labour agreement.

Additionally, it’s imperative that you remunerate the skilled worker at a rate that is at least equivalent to the prevailing market salary for the specified occupation and in adherence to the visa or nomination prerequisites.

The occupation that is nominated will dictate the available visa options and streams through which the employee can make their application.

  • Check that you and your business are able to sponsor

    If your business can offer a position that is on the approved list, then elements like your financial viability and registration will determine your eligibility to sponsor.

    Also, as the business owner, it is important to confirm there is no adverse information that can impact your ability to sponsor foreign workers.
  • Apply to become a sponsor

    Generally, to be approved as a sponsor, you must:
    • Have a legally established and currently operating business
    • Have no adverse information regarding your business
    • You should have a strong record of, or a demonstrated commitment to, employing local labour
    • You must declare that you will not engage in discriminatory recruitment practices

Written by Ross Ahmadzai

10 Nov, 2023

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