Employer Information.

Which overseas persons can work for my business in Australia?

Not all visa holders in Australia are allowed to work. A visa holder must have work rights attached to their visa to be able to work in Australia.

Currently, only certain visa holders have work rights attached to their visas and some of these visas have restrictions as to the number of hours they are allowed to work, who they are allowed to work for and how long they are allowed to be employed with the same business.

What do I need to do to employ an overseas person full time in my business?

The most common method for Australian businesses to lawfully employ an overseas person to work for their business is to sponsor the overseas person for a subclass 457 Business (Long Stay) visa which allows an overseas person to work for up to 4 years with their business.

How do I sponsor an overseas employee for my business?

The subclass 457 Business (Long Stay) is a three step process which involves satisfying set criteria as an employer as well as for the position in the business and for the overseas person you intend to hire. It is a complicated process and is the subject of constant change as a result of varying migration and  labour requirements in Australia.

What is the effect of my business “sponsoring” an overseas person?

The effect of sponsoring a person on a subclass 457 Business (Long Stay) visa is that your company  will have certain obligations to the Department of Immigration and Citizenship while that person is working at your business. These obligations range from reporting duties as to when a sponsored worker leaves your business to duties to ensure your sponsored worker continues working solely for your 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, you will be able to sponsor as many overseas persons as you wish as long as your business satisfies the position criteria and the overseas person satisfies the visa criteria.

What can I do if I want to employ a sponsored person for more than 4 years?

Once the sponsored person’s subclass 457 Business (Long Stay) visa expires after four years, you may sponsor them on another subclass 457 Business (Long Stay) or you may sponsor them for Australian Permanent Residence on a subclass 856 Employer Nomination Scheme visa.

What are the benefits of my sponsored employee becoming an Australian Permanent?

Becoming an Australian Permanent Resident will allow your sponsored worker to remain indefinitely in Australia and you will not need to apply for another subclass 457 Business (Long Stay) visa after four years for your worker to remain employed with your business.

How do I sponsor an overseas person for Australian Permanent Residence?

The subclass 856 Employer Nomination Scheme visa is a twostep process to which your business and the subclass 457 visa holder must satisfy set criteria in order to be granted Australian Permanent Residence.

Penalties
It is now a criminal offence under the Migration Act 1958  for a person to knowingly or recklessly allow an illegal worker to work, or to refer an illegal worker for work with another business. Individuals can face fines of up for $13,200 per worker and two years imprisonment and companies face fines of up to $66,000 per illegal worker.

Contact us
Please contact our office if you would like us to do an assessment of your business’s eligibility for subclass 457 sponsorship or subclass 856 eligibility.
Contact us via telephone on 9689 3173 or Email us.

Disclaimer: The information provided on this web site is of a general nature and may not apply under all circumstances. It should not be construed as legal advice and does not establish a solicitor-client relationship. The information on this website is accurate at the time of uploading and we make every effort to keep current, however we are not responsible for changes in the law.