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Frequently Asked Immigration Questions By Employers

With the reduction of independent points-based invitations for temporary skilled migrants to gain permanent residency, more and more temporary visa holders are asking their employers for sponsorship. Julie Williams, Migration Downunder’s Managing Director and Principal Migration Agent, answers some of the common questions that employers may have regarding their legal obligations and employment responsibilities.

What does this mean for you as an employer and what are your responsibilities when nominating someone for permanent residence?

There is no legal obligation, as an employer, to sponsor someone for permanent residence.  However, as an employer if you wish to remain competitive within the market place and not risk losing your employee to another employer who does offer sponsorship, it’s a small price to pay to keep your employee and maintain your good working relationship with them.

Unlike the Subclass 482 visa application, there is no obligation to pay the fees or charges relating to the application other than the Skills Australia Funding which is currently $3000 or $5000 depending on whether your turnover is less or more than $10 million.  All other costs can be the responsibility of your employee.

What is the Difference between Temporary Residence Transition and Direct Entry for permanent residence?

The Temporary Residence Transition is an option for your employee if they’ve worked with you whilst the holder of a Subclass 482 visa in the same occupation for two years, to transition to permanent residence.  This requires the support of you, as the employer, to offer sponsorship.

Direct Entry is for skilled people – who, for example, may be on a Subclass 485 Graduate Visa or Subclass 417 Working Holiday Visa – to apply directly for permanent residency through the Employer Nomination Scheme.  The visa application must demonstrate that they have the skills required and at least three years of full-time relevant work experience in the occupation.  A skills assessment by an external third-party assessing authority is required for anyone applying through Direct Entry.

What Are Your Responsibilities when Employing a Temporary Skilled Worker?

Non-Australians have the same rights as any other employee in Australia.  However, if you are sponsoring someone on a temporary Subclass 482 visa, you will need to be aware that there is a list of sponsor obligations that you must adhere to.

These obligations include, but are not limited to the the following:

If you are employing other temporary visa holders, such as students, working holiday makers etc you must ensure that you are aware of their visa restrictions and obligations.  You must ensure that your temporary visa holder has work rights, otherwise it can lead to substantial fines against you.

If you require any further assistance in understanding your obligations as an employer sponsoring skilled migrants, please get in touch with one of our experienced and qualified Migration Agents.

Published Mon 3 June 2024.

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