21:08, Aug 15, 2011

Employer Sponsored Visas

We can assist Australian businesses operating in Australia who would like to employ overseas workers. There are a number of migration options the firm can assist with and these include:

  • Temporary Subclass 457 Standard Business Sponsorship (SBS);
  • Permanent Employer Nomination Scheme (ENS);
  • Regional Sponsored Migration Scheme (RSMS).

Kah Lawyers  has a wealth of knowledge and expertise in this area and can provide assistance and advice to small and large domestic and multi-national corporations.

Employer Frequently Asked Questions

Which overseas persons can work for 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 most common method to use as an Australian business that wants to lawfully employ an overseas person to work full time is through sponsoring the employee for a Subclass 457 Business (Long Stay) visa. This visa permits the overseas person to work for up to 4 years with their sponsoring employer.

Overseas persons who are sponsored for a Subclass 457 Business (Long Stay) visa may also be eligible to apply for a permanent visa under the Subclass 856 Employer Nomination Scheme provided they meet prescribed departmental criteria.

The employer must meet certain requirements to be approved as a sponsor under both the Subclass 457 Business (Long Stay) and Subclass 856 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 457 Business (Long Stay) visa you will have obligations to the Department of Immigration and Citizenship (DIBP). Your obligations will range from reporting duties (when a sponsored worker leaves your business) to duties to ensure your sponsored worker continues to be employed solely by your business.


Employer Frequently Asked Questions (Continued)

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 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 457 Business (Long Stay) visa expires after 4 years, you may either:

  • Sponsor them on another subclass 457 Business (Long Stay) visa; or
  • 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 Resident?

As an Australian Permanent Resident, your sponsored employee can remain indefinitely in Australia and you will not need to apply for another subclass 457 Business (Long Stay) visa 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 (ENS) visa application involves a 2-step process where both your business and the Subclass 457 Business (Long Stay) visa applicant must satisy certain criteria in order for the applicant to be granted Australian Permanent Residence.

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.






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