Employing Overseas Workers

When businesses cannot find suitable employees in Australia, the government enables them to hire skilled workers on the following visas:

• 186 Employer Nomination Scheme
• 494 Skilled Employer-Sponsored Regional (Provisional) visa
• Subclass 407 Training visa
• 482 Temporary Skill Shortage visa

The Temporary Skill Shortage (TSS) visa (subclass 482) is predominantly used by businesses to retain skilled workers. It has three streams:

• The Short-Term stream
• The Medium-Term stream
• The Labour Agreement stream

For all streams, the applicant must meet general eligibility requirements:

• If in Australia, must hold a substantive visa, or a Bridging visa A, B or C;
• Must have been nominated for a position by an approved sponsor and that nomination has been approved;
• Meet any required skills and qualifications requirements including completing any skills assessments required;
• Meet English language requirements;
• Have substantially complied with any conditions that apply or applied to their last visa;
• Meet health and character requirements; and
• Meet the requirements of the stream in which they apply.

Duration of stay can range from 2 to 4 years. Hong Kong passport holders can stay up to 5 years. Holders may work in Australia for the length of their visa grant, study (no government assistance), travel to and from Australia as many times as they want while the visa is valid and, if eligible, apply for a permanent residence.

Employing a worker on a TSS 482 visa is a 3-step process:

1. Sponsorship application by business
2. Nomination of an employee by the business
3. Visa Application by the nominated employee

The business can sponsor and nominate an employee if:

• They actively and lawfully operate a business in Australia;
• They pay the annual market salary rate;
• They have a genuine need for a paid employee to fill a skilled position;
• They engage the nominee under a written contract of employment;
• They offer a skilled position in the applicant’s field that is full time and ongoing for the duration of the visa; and
• They declare that there is no adverse information known about the business or any person associated with the business.

If you are a business struggling to find suitable workers, contact us to see how we can guide you through the complexities of the sponsorship, nomination, and visa application processes.

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