Employer Sponsored Visas
Kah lawyers provides accurate and timely advice to multi national and Australian companies. With 25 years experience and daily involvement and negotiation with the Australian Department of Immigration, we understand the law and policy relevant to Australian companies and are able to assist companies address their human resourcing and compliance issues.
We assist Australian companies operating in Australia or internationally who wish to sponsor and employ non Australian workers. There are a number of company sponsorship and nomination options the firm can assist with and these include:
- Standard Business Sponsorship (SBS);
- Permanent Employer Nomination Scheme (ENS);
- Regional Sponsored Migration Scheme (RSMS).
- Labour agreements
Kah Lawyers has a wealth of knowledge and experience in company sponsorships and nominations and can provide assistance and advice to small and large domestic and multi-national corporations.
Employer Frequently Asked Questions
Which non Australian persons can be employed by my business in Australia?
Only certain visa holders have work rights attached to their visas which enable them to work in Australia.
Some visas will restrict:
- The number of hours of work the visa holder can do;
- Who the visa holder can work for; and
- How long the visa holder can be employed with the same business.
What do I need to do to lawfully employ an overseas person full time in my business?
The business must seek and obtain sponsorship approval from the Department of Home Affairs. The sponsorship once granted to a business allows the business to employ any number of skilled workers to work in specified occupations for the business. The sponsorship approval will normally be granted for a period of five years.
The employer must meet certain requirements to be approved as a sponsor under both the Subclass 482 Temporary Skills Shortage visa and Subclass 186 Employer Nomination Scheme visas.
What obligations does my business have when sponsoring an overseas person to work in Australia?
If your business sponsors an overseas person on a Subclass 482 Temporary Skills Shortage visa the business will have obligations to the Department of Home Affairs (DHA). The obligations will range from paying the employee the agreed salary as well as paying all taxation and superannuation entitlements, reporting any changes of duties (when a sponsored worker leaves your business) or business ownership changes and notifying the Department of Home Affairs if the sponsored worker’s employment is terminated by the business.
What if I want to sponsor more than one overseas person to be employed in my business?
Once your business has been approved as a Standard Business Sponsor, it will be able to sponsor as many skilled overseas persons as you wish as long as the overseas person satisfies the required visa criteria.
What can I do if I want to employ a sponsored overseas person for more than 4 years?
When the sponsored employee’s Subclass 482 Temporary Skills Shortage visa expires after 4 years, the business may either:
- Sponsor them on another Subclass 482 Temporary Skills Shortage visa; or
- Sponsor the visa holder for a possible permanent residency visa.
What are the consequences of allowing an illegal worker to work for my business?
It is a criminal offence under the Migration Act 1958 (Cth), for a person to knowingly or recklessly allow an illegal worker to work, or to refer an illegal worker for work with another business.
Individual companies can face large fines and terms of imprisonment for breaches of the law.