An Australian business can employ an immigrant worker under one of the following sponsored employment programs:
To qualify for the program, you must meet a number of criteria and submit sufficient business documentation to become an approved business sponsor.
Legally and actively operating business
Whether you are a SME or multi-national corporation, you must demonstrate that you are a legally and actively operating business in Australia. You will be required to provide business registration, tax and financial reports, company information and other relevant business documentation. If you are a start-up business - having operated less than 12 months - you will also need to submit comprehensive business plans and financial capacity that can justify the company’s strategic viability.
Immigration policy states that Australian businesses must financially contribute to the training and skills development of Australians and permanent residents. The “training benchmark” is a requirement where the business must demonstrate that it has recently incurred expenses for the training of existing Australian or permanent resident employees in the company. This can include employee scholarships for formal qualifications, employment of interns or apprentices, payment for professional development courses, seminars or staff training programs conducted by external providers. If the business has not or cannot provide evidence of recent training expenditure, a contribution can be made to an approved TAFE or educational institution in order to satisfy this requirement.
Genuine Position Vacancy
The position being offered to the immigrant worker must be listed as an eligible occupation for sponsorship. The business must also demonstrate that it is a genuine full-time position within the scope and nature of the business. Verifiable evidence may be requested to justify why and how the position became available and its relevance to the organisation’s operations.
The business must also show that they have attempted to advertise or fill the position with local Australians or permanent residents. An explanation may need to be provided as to why attempted recruitment was unsuccessful and that no local candidates were suitable to perform the role.
Equivalent Employment Terms and Conditions
The proposed employment of an immigration worker must be of equivalent terms and conditions as an Australian or permanent resident. The employment contract must outline relevant terms subject to Fair Work regulations and the salary offered must be the market salary rate. The business will be required to justify how the proposed salary was determined which can be demonstrated by existing Australian or permanent resident employees or statistical information.
The 457 Visa Program requires that a minimum threshold base salary be offered to an immigrant worker. The current threshold rate is $53,900 per annum (as at 1 December 2016).
Nominated Immigrant Worker
The nominated immigrant worker must hold relevant skills and qualifications to fill the role. In some cases, the immigrant worker will be required to undertake a formal skills assessment or qualifications evaluation to verify that they can perform the tasks and duties of the sponsored position. The immigration worker will also need to have sufficient English language proficiency.
Want to sponsor a worker but not sure where to start?