In the case of a 186 visa, work needs to be done from both sides associated with the visa, namely the main applicant and the employer-sponsored visa nomination. For employers looking to fill skill shortages in their company. The requirements for sponsoring an overseas worker can sometimes feel complex. In such a case, the best migration lawyers Perth, WA, can handle the problem. As skill shortages keep worsening in the Australian market, employers need to know the important steps in sponsoring an employer. In this blog, you will learn some important aspects of the employee sponsorship visa.
Before You Start
The first step in this process is determining which employer sponsorship stream will suit you and your business. Some of the common visa options under this visa are as follows:
- TSS 482 visa (Temporary Skills Shortage Visa)
- 186 Employer Nominated Scheme visa
- Employer-Sponsored 494 Regional visa
The main factors for a business to decide are as follows:
- The nature of the job role that you are trying to fill
- The length of time that you need to fill the role
If you have already begun the recruitment process by the time and have located the overseas worker that you want to sponsor, their English language skills, age, qualifications, and work experience will decide the programs you are limited to.
The DAMA program was created especially to allow the sponsorship of overseas workers where workers do not have much English language skills or are older than what is required under the program.
Labour Market Testing or Job Advertisements
Labour market testing is an essential part of the Australian government’s system that helps to put Australian workers first. Over the last years, the recruitment process has grown tougher in the last few years. And have moved far away from current business practices. The standard business sponsorship is often described as the initial step of sponsoring an overseas worker in Australia.
- Labour marketing testing takes around four weeks to run properly. And this might be the first thing that you may want to do to acquire new staff members as early as possible.
- It is said that three online ads are the best way to opt. You are also required to include the salary if your worker is paid under specific thresholds.
- There are many DAMA programs that allow for around two job advertisements that are run in the last year before submitting the nomination application for the employer sponsored visa.
- Labour market testing is not needed where overseas trade obligations overrule. The Australian government’s interest in putting the Australian workers first.
- It is important you note that the subclass 186 visa program does not need labour market testing. But conducting job advertisements can be a good way to show the position being nominated is genuine under the direct entry stream.
Standard Business Sponsorship
If you want to use or are using the short-term or medium-term stream of the 482 visa program or employer-sponsored stream. The first application to the concerned authorities needs to be standard business sponsorship. This will be focused mainly on your business. And you need to show that you are operating your business lawfully in Australia.
The Department of Home Affairs will consider any unpleasant information. And decide whether the track record of your business is suitable for the employer sponsorship program under the 186 visa.
DAR or Designated Area Representative endorsement
For the DAMA program, you will require to be endorsed by a Designated Area Representative before negotiating a labour agreement with the government. The requirements of the DAR endorsement can differ based on the occupation and area.
You will need to show that you have a business in a local area. The need to use this visa program and also need all the requirements for the visa applicant and business before you opt to endorse.
DAMA and Other Labour Agreements
Once endorsement by the DAR is needed, your business can apply to Australia’s federal government to enter into a suitable labour agreement. The Department of Home Affairs will provide you with a labour agreement to sign if it becomes successful.
It can include different terms that are based on the specific labour program that is being used. You can take the help of the best migration lawyers to know more about such agreements.
For the sponsoring business, the nomination application is something that is constant throughout every program. There is no one who will escape this nomination whether you use DAMA, 186, 494 or other employer-sponsored programs in Australia.
Though the standard business sponsorship is not linked to any specific role in the business. The labour agreements and DAR endorsement can help set out various roles that your business might want to fill with international workers. The nomination can identify the single position and individual who will fill the role.
Employer-Sponsored Visa Application
After all the steps listed above have been successful and sent to the Australian Department of Home Affairs. The nominated worker can submit the visa application. This is considered the main stage where the Australian department assesses the work experience, qualifications, English language skills, health and character.
If a partner or other dependents are included in the application, the Department of Home Affairs will check if they meet the requirements too. The skills, English language requirements and other requirements are to ensure that the best international workers can enter Australia to effectively and quickly fill the skills shortage.
After You Have the Visa
After you have acquired the visa, the international worker can travel to Australia to be part of the visa. Once they arrive in Australia, you must ensure that you follow all the sponsorship obligations. Some obligations can differ to some point between DAMA, 186 and others.
You need to follow the commitments made to the government throughout the sponsorship process, like paying the worker the promised amount. You can contact visa experts to know more about the sponsoring process of international workers.
If you want to sponsor international workers to come work in your business in Australia. You need to ensure that you follow all the rules that are set out in different sponsorship visa programs. You can contact migration lawyers Perth, WA, to get help regarding the sponsorship process and learn about the rules and criteria associated with it.