With True Migration, you’re not restricted by borders

At True Migration Immigration Australia, we understand that quality employees are the greatest resource for any business and sometimes it is difficult to source this talent within Australian shores.

Looking abroad to find a Corporate Visa solution comes with inherent issues, especially where visa applications are concerned. Many businesses and individuals go through the process themselves and find the red tape overwhelming. The process can drag on for months and sometimes it’s difficult to get clear feedback from the Department of Immigration. And, in the end, many applications are rejected or delayed unnecessarily because one critical piece of information is missing.

True Migration Immigration Australia stands up as an industry leader in getting results for the business.

Visa Options

There are several visa options that allow businesses to sponsor overseas workers to work in Australia. They are: Temporary Skilled Shortage (TSS) Sponsorship (482 visas)The 457 visa has been abolished as of 18 March 2018 and replaced by the Temporary Skills Shortage (TSS) subclass 482 visa.

This visa allows businesses based either in Australia or overseas to sponsor workers for a temporary visa lasting up to 4 years. Only certain occupations are eligible for TSS visas, and employees must be paid at the market rate. Employer Nomination Scheme (ENS)The Employer Nomination Scheme is a permanent visa and requires the nominating employer to be operating in Australia.

The employee needs to show a higher level of skill than for a TSS visa, but otherwise, the criteria are broadly similar to the TSS visa. Regional Sponsored Skilled Migration Scheme (RSMS)The RSMS visa requires a job offer in a regional area. The position needs to be approved by a Regional Certifying Body, but otherwise, the skill level criteria are lower than for an ENS visa.

The resulting RSMS visa is a permanent visa but is subject to cancellation if the employee leaves employment within 2 years of obtaining the visa. Temporary Work (Short Stay Specialist) Subclass 400 VisasFor people undertaking highly specialized work or they are working in Australia’s interest.

Temporary Activity Subclass 408 VisasFor people coming to Australia as an invited participant, on exchange with an Australian business, for sporting activities, as a religious worker, a Domestic worker, to work in the entertainment industry, for research activities with an Australian educational institution, or as part of a special program.

Training Subclass 407 VisasFor people working as an occupational trainee or as part of a professional development program

We do More for your Business

True Migration service doesn’t end there. On top of our industry-leading Immigration News services, keeping your organization abreast of Immigration Law changes which may affect your employees’ status for temporary or permanent residence, we also work tirelessly to educate your Human Resources personal through our Corporate Press Release program.

Please Get Free Assesment or call our Advisors on +61 402 671 354  if you would like assistance in sponsoring employees.

Standard Business Sponsorship Approval

In order to sponsor employees for the TSS (subclass 482) visas, most businesses need to be approved as a Standard Business Sponsor.

Standard Business Sponsorship Requirements

To obtain this approval, there are a number of important hurdles which must be met:

• There is a properly established business structure – such as a company, trust, partnership or registered business name; and
• The business must be in a sound financial position

If a company is or has been a business sponsor, details of their training expenditure for the period of sponsorship approval may also be required. Businesses not operating in Australia are exempt from this requirement

Sponsorship Period of Validity

Once obtained Sponsorship approval is generally valid for 5 years. However, there are a number of exceptions to this:

• Recently Established Businesses: if a business has been established for less than 12 months, then the business sponsorship approval, as well as the associated sponsored visas granted, will be valid for a maximum of 18 months.
• Accredited Sponsors: high volume sponsors can apply to become accredited sponsors. In this case, the sponsorship is valid for a period of 6 years

TMAC’s Expertise

Many businesses struggle to obtain approval as a standard business sponsor – issues can be encountered where:

• The business is a startup or has only recently been established
• A large number of overseas employees are already working for the business
• There is no documentation on training activities for the business
• The business has operating losses or has a weak balance sheet

TMAC Immigration has a long track record of assisting businesses to obtain approval for this critical part of the application process. We can advise you on which documents are needed to get your business approved as a sponsor – meaning you receive your approval much quicker and with less effort and stress.

Obligations for TSS Business Sponsors

When sponsoring 457 or TSS (subclass 482) visas, employers need to be aware of potentially significant sponsorship obligations which apply.

Failure to comply with these obligations can result in cancellation of an existing sponsorship, refusal of a sponsorship renewal, fines and possibly court action.

The main sponsorship obligations are as follows:

Provision of Training

Employers who were required to meet the relevant training benchmarks, in order to become an approved standard business sponsor, are required to continue with these provisions for each 12 month period following approval as a business sponsor.

Commences: date of approval of sponsorship

Ceases: when sponsorship approval ceases

Depending on when the standard sponsorship was approved, businesses may not be required to ensure this ongoing expenditure, particularly when the new Skilling Australians Fund takes effect.

Cooperation with Inspectors

Employers are required to cooperate with Workplace Inspectors. The following would be considered a breach of this obligation:

• Concealing the location of persons and documents
• Obstructing inspector or preventing a person from assisting
• Assaulting, intimidating or threatening inspectors

Commences: date of approval of sponsorship

Ceases: 5 years from ceasing to be a sponsor

Equivalent Terms and Conditions of Employment

Conditions for 457/TSS visa holders must be “no less favorable” than conditions for Australian permanent residents and citizens

Employees must either be paid at least $250,000 or a market rate salary determined by conditions that would apply to Australian citizens or permanent residents.

Commences: date of approval of 457/TSS, or nomination if already the holder of a 457/TSS

Ceases: Cessation of employment or grant of further visa

Travel Costs

The employer must pay the cost of return travel for 457/TSS visa holder if properly requested.

The request must be properly made – in particular, it must:

• Be made by the Department of Immigration, the primary 457 holders (ie the sponsored employee) or by a secondary 457/TSS holder (ie members of the employee’s family unit)
• Specify the persons covered
• Specify the country of the passport they wish to travel to
• Be made whilst person holds 457/TSS

The employer’s obligation is to pay “Reasonable and necessary” costs only. Such costs would usually involve:

• Travel costs for both primary and secondary visa holders
• Travel to the point of departure from Australia
• Cost of return to the country of passport via economy class air travel

The costs must be paid within 30 days of the request

Commences: date of approval of 457/TSS, or nomination if already the holder of a 457/TSS

Ceases: grant of further visa, grant of nomination for a new employer or permanent departure

Costs to Commonwealth – Location, and Removal

This obligation would cover the cost of detection and removal incurred by the Commonwealth if the 457/TSS visa holder overstays their visa. It only covers costs incurred between when the person becomes illegal and when they leave Australia. If return costs have already been paid by the employer, then only the difference between this and the actual cost is payable. A maximum limit of $10,000 is applicable for this obligation.

Commences: date person becomes illegal

Ceases: 5 years from the date person leaves Australia

Maintenance of records

The employer is obliged to keep certain records, including:

• Request for payment of return travel costs and when received
• Details of payment of return travel costs – date, who for, amount
• Details of notification to the Department of Immigration – when and how transmitted
• Tasks are undertaken by 457/TSS holder + location
• Training provided to Australians working in the business

Commences: date of approval of sponsorship

Ceases:  2 years after ceasing to be a sponsor and there are no primary or secondary 457/TSS holders

Notification to the Department of Immigration

The employer must notify the Department of Immigration of certain events via registered post or electronic mail to the specified address which depends on where the sponsorship application was processed by the Department of Immigration.

Notification must be made within 28 days, and examples of notifiable events include:

• Cessation or expected cessation of employment
• Change to training which may affect approval as a business sponsor
• Changes to the legal structure of the employer
• Payment of return travel for a 457/TSS visa holder
• Insolvency/bankruptcy/administration

Commences: date of approval of sponsorship

Ceases: 2 years after ceasing to be a sponsor and there are no primary or secondary 457/TSS holders

Cost of Sponsorship Approval and Recruitment

The employer must not seek to recover or have another person pay for the cost of:

• Obtaining sponsorship approval
• Recruitment of the primary sponsored person

Commences: date of approval of 457/TSS, or nomination if already the holder of a 457/TSS

Ceases: grant of further visa, grant of nomination for the new employer or permanent departure From 14 December 2015 it is unlawful for individuals to pay an employer to sponsor them for a visa. This would include situations where the individual directly pays the employer, or a deduction is made from their salary, or the individuals provides any other benefit to the employer. It will result in visa refusal, visa cancellation, fines and even imprisonment.

Overseas Business Sponsorship for 457

It is also possible for employers who do not have operations in Australia to sponsor employees for the TSS visa program.

Sponsorship by an overseas business can be less beneficial for the following reasons:

• The TSS holder must work directly for the sponsor, rather than an “associated entity” as for Australian business sponsors
• Overseas Business Sponsors cannot sponsor for permanent visas such as ENS and RSMS

In other ways, using an overseas entity to sponsor is more beneficial than establishing a new entity in Australia – for instance:

• The employer does not have to show that they train Australians in their business
• The validity period for the sponsorship and TSS visas may be longer than for a newly established Australian entity

Overseas business sponsorships can now be lodged electronically, meaning that they are more convenient to lodge and process than was previously the case.

If you are looking to establish operations in Australia, acacia can advise you on which application strategy will best suit your business, in terms of complexity, cost and time taken.

Please call our Advisors on +61 402 671 354 to ask how TMAC can assist you with sponsoring employees