EMPLOYER SPONSORED VISAS
EMPLOYER SPONSORED VISAS
Employer Sponsored Visas allow Australian businesses to sponsor overseas individuals to fill skills shortages in Australia.
Employer Sponsored Visas are a two or three steps depending on the specific visa type (subclass). Generally this includes a sponsorship application (like a licence to sponsor temporary visa holders), a nomination application (to assess whether the position itself meets policy guidelines) and the visa application (to assess whether the visa holder has the requisite skills and qualifications to fill the position).
We have had extensive experience in lodging Employer Sponsored Visa applications. There are a number of employer sponsored visas, and it is critical that you identify the correct visa for your situation. These visas include the following;
- Temporary Skill Shortage Visa (Subclass 482);
- Temporary Work Visa (Short Stay Specialist) (Subclass 400);
- Training Visa (Subclass 407);
- Temporary Activity Visa (Subclass 408);
- Employer Nominated Scheme Visa (Subclass 186);
- Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494); and
- Designated Area Migration Agreement (DAMA) applications.
Eligibility will depend on the visa that is suitable for your circumstances. The Australian business must be able to demonstrate that it is ‘lawfully and actively trading’. The individual seeking sponsorship will need to demonstrate that they have the skills and experience required in accordance with ANZSCO, the requirements of the visa itself and/or a skills assessing authority.
Eligibility can be tricky, and it is a great idea to seek out a professional to look over your work experience and qualifications to establish eligibility.
Data released by the Department of Home Affairs indicates that 81% of Employer Sponsored applications are lodged through the assistance of a Migration Agent. This is likely due to the complexity and costs involved in sponsoring employees. Our team will assist you to prepare advertising that is compliant with the Department of Home Affairs strict requirements, determine an appropriate market salary rate, and ensure that the person filling the role has the requisite skills and experience.
We have met with many companies that have attempted DIY applications but have failed to meet key criteria including;
- Conducting compliant advertising;
- Failing to establish that the position is genuinely required by the business;
- Providing insufficient evidence, for example to allow an assessing officer to understand what the business does, why the position is required or to establish a fair rate of pay; and
- Submitting documents that accidentally had a negative impact on the application.
These applications are complicated, and failure to meet any criteria will mean forfeiture of not only the visa and nomination application fees, but also the Skilling Australia Fund Levy. Making a second application can be costly for both the company and the applicant.
Applicants can occasionally try to force themselves into an occupation on Australia’s skilled occupation list and if the occupation is a poor fit this will likely result in a refusal. It is best to sit down with a migration agent and discuss the particulars of your application and ensure that everything lines up right from the beginning.
Government fees are dependent on the specific visa and length of the visa requested. There will be costs for both the applicant and the sponsor. The applicant may incur further government fees if there are dependent family members.
Employer Sponsored Visas may only allow for temporary stays in Australia and may not lead to Australian Permanent Residency. If Permanent Residency is the goal, it is crucial that you sit down with an expert and map out a realistic pathway towards permanent residency.
Fair Go Visa Consultants will meet with employers and individuals seeking sponsorship to outline the requirements that apply for each stage of the application. We will ensure that the company is aware of the process involved in sponsoring an employee and ensure that the employee is adequately skilled to receive a visa. We will provide comprehensive advice regarding any weaknesses in the application and outline all costs in an easy to understand way.
If you would like our help, the first step is to book a consultation using the link below.
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Applying for a visa can be confusing but we are here to help. Now that you have a basic understanding of how this visa works, book in a consultation so that we can discuss how we can help you start your new life in Australia.
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