These class of visa were created to enable both Australian and overseas businesses or employers to sponsor staff to both temporary and permanent residency positions in Australia.

The rules in relation to employer sponsored temporary and permanent residency visas are reasonably complex, but they are summarised below. As always you should seek our specific advice before relying upon the information contained within.

Temporary Employer Sponsored Visas
Typically, a business sponsor must first apply for the right to sponsor temporary business entrants to work in Australia. The business sponsor completes a sponsorship application which includes the giving of an undertaking to meet listed responsibilities in respect to each temporary business employee. DIAC must be satisfied that such a sponsorship right, if granted, would do at least one of the following:
• Create or maintain employment for Australian citizens or permanent residents; or
• Expand Australian trade in goods or services; or
• Improve Australian business links with international markets; or
• Contribute to competitiveness within sectors of the Australian economy.

As well, the business sponsor must show other requirements including a satisfactory record of training of Australian citizens or permanent residents.

In the second stage of the process, the business sponsor will nominate an applicant who has the personal attributes and employment background consistent with the nature of the activity for which that person might be employed. The sponsor must show that the applicant will be employed at a minimum salary level (this is presently AUD$39,100.00 for most occupations), which is consistent with Australian standards. The employment cannot be less favourable than relevant Australian working conditions and awards. There are other requirements.

In the third stage of the process the migration applicant applies in accordance with the sponsorship and nomination. Such visa types are normally granted for a period of up to 4 years. There is some variation of requirements depending on whether the sponsorship is made in accordance with:
• An existing or created labour agreement (an agreement between DIAC and an employer or group of employers);
• An original headquarters agreement (an agreement between DIAC and an organisation with its head office outside Australia);
• An Australian business;
• An overseas business.
• An overseas organisation that wishes to have supplier representatives of services to represent them within Australia.

Permanent Employer Sponsored Visas
Because such applications result in permanency, they are generally more difficult to obtain. Essentially the elements of such visas include:
• Nomination by a business employer;
• Of a highly skilled person;
• Who has not turned 45 years of age; and
• Who has vocational English

A “highly skilled person” is in relation to a nominated position, a person who has completed at least 3 years of formal training or relevant experience in respect to that work and been employed after such training or education for at least 3 years and before making the application. An employer nomination in respect to such an employee, must show that the business is located and operated within Australia and an undertaking must be given as to the provision of full-time employment for at least 2-3 years.

It should be noted that temporary residents of Australia are ineligible for such benefits as social security and Medicare and for free access to education. Permanent residents are eligible for such privileges.

You should always seek specific advice before acting. The information provided is as a guide only. Regulations may change. Where hotlinks are made to external sites we cannot guarantee the accuracy thereof.

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