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September 27, 2024

How Companies can hire migrants under employer sponsored visas

The Subclass 482 Temporary Skill Shortage (TSS) visa is a popular option for Australian businesses seeking to fill gaps in their workforce with skilled foreign workers. This visa allows companies to sponsor overseas employees for up to four years, depending on the occupation and stream. For businesses looking to sponsor workers under the 482 visa program, proper preparation is key to ensuring a smooth application process and compliance with visa conditions. Here are the steps companies should follow to prepare for a 482 visa sponsorship.

1. Understanding Eligibility Requirements

Before proceeding with the sponsorship process, businesses must ensure they meet the criteria for becoming an approved sponsor. Companies must demonstrate they are:

  • Legally operating in Australia.
  • Able to offer employment in occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Short-term Skilled Occupation List (STSOL).

If a company does not have an approved sponsorship status, they will need to apply for Standard Business Sponsorship (SBS), which involves demonstrating financial viability and a genuine need for the foreign worker.

2. Labor Market Testing (LMT)

One of the most critical steps for companies applying for a 482 visa is to conduct Labor Market Testing (LMT). LMT requires companies to prove that they have made genuine efforts to hire Australian workers before turning to foreign labour. The company must provide evidence of job advertisements posted for at least 28 days and demonstrate that no suitable local candidates were found.

3. Nomination of Occupation

Once sponsorship status is approved, the company must nominate the foreign worker’s occupation, which should be listed on either the MLTSSL or STSOL. The company must provide a detailed explanation of why the role is necessary for their business and how the foreign worker will contribute to the organization. It’s crucial to ensure that the position is aligned with the ANZSCO code for that occupation.

4. Compliance with Salary and Employment Conditions

The salary offered to the sponsored worker must meet the Temporary Skilled Migration Income Threshold (TSMIT), which is currently set at AUD 53,900 per year. The wage must also be in line with the market salary rate for the occupation, ensuring that foreign workers are not paid less than Australian employees in equivalent positions【8】. Companies must also ensure that the foreign employee’s working conditions are consistent with those of Australian workers.

5. Meeting Sponsorship Obligations

Once a company sponsors a 482 visa worker, they are required to comply with a set of sponsorship obligations, including:

  • Keeping records of the sponsored worker’s employment.
  • Ensuring the worker adheres to the conditions of their visa.
  • Covering the cost of return travel if the employee is terminated.
  • Notifying the Department of Home Affairs if any significant changes occur, such as termination or a change in the worker’s role.

6. Providing Ongoing Support

To ensure long-term compliance and success, companies should provide ongoing support to the 482 visa holders, including offering pathways for permanent residency through the Employer Nomination Scheme (ENS) Subclass 186 or other permanent visa options. Companies should also stay updated with any legislative changes related to the 482 visa to avoid potential penalties.

Conclusion

Preparation is key for businesses looking to sponsor skilled workers under the Subclass 482 visa. By understanding the requirements, conducting proper labor market testing, and maintaining compliance with sponsorship obligations, companies can efficiently navigate the visa process and benefit from hiring overseas talent. For specific advice or assistance, please contact Falcon Migration team.

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