Employers
How we work with you

We can advise you on a case-by-case basis as to the most suitable visa.

Much will depend on the position, the employment relationship intended, length of stay, start date, activities intended in Australia, passport, and location of the candidate.

Our experience shows that you will find your business using the Temporary work visa  commonly. It is often the first visa you arrange, or the visa that your employee transitions, to ensure your workforce has stable and ongoing work rights. 

This minimises disruption to your business operations.

Before hiring, if the employee is already in Australia, always ensure you check work rights. You can check visa conditions using the Department of Immigration’s online visa verification tool, called VEVO and available on their website. This VEVO check should be conducted on a regular basis throughout the employment period.

The sponsorship process is complex, however our experience and expertise working with business, employers, and HR in this area, enables us to provide a streamlined process for Employers and their employees.

1. Business Sponsorship Application. The Business is to obtain Business Sponsorship Approval Status (whether Standard or Accredited) from the Department of Home Affairs (“Immigration” or “the Department”).
2. Nomination Application. This Nomination application is submitted on behalf of the Business (“Employer” / “Company”) and details the terms of the skilled position to be filled, the genuine nature of the position offered, meeting market rates, and includes payment of the Skilling Australians Fund Levy (“SAF Levy”).
3. Visa Application. This Visa application is submitted on behalf of the applicant and dependent family members (if included), and addresses the skill, health, character, and English language criteria for visa grant.

The employer, or an associated business, must have a Business Sponsorship to sponsor employees under the sponsored work visa program. The Nomination and Visa Applications can be lodged simultaneously; however, the Visa Application can only be finalised once the Nomination Application is finalised.

We understand you need the skilled worker to start work as soon as possible.

That is why we provide document checklists, work with you, and prepare applications in a way that minimises Immigration delays. We call this “decision ready” applications or “one-touch” applications. This approach means that as soon as Immigration pick up the case, they have a complete application that meets legal criteria, to make a visa decision. 

Visa processing times are in the control of Immigration, and will vary, depending on a myriad of factors, such as:

• Priorities of the government
• Internal processing arrangements at Immigration
• Case load
• The sponsorship status of the Employer: accredited sponsors enjoy priority processing.
• Whether the application is complete and ready for decision

Current processing estimates are advertised on Immigration’s website.

Generally, work visas enjoy good processing times.

Visa periods depend on the type of visa. 

The sponsored temporary work visa, for example, can be valid from 1 – 4 years.

Most visas can be renewed, by way of further application.

Alternatively, or additionally, you may wish to consider a permanent residence visa.

A Business Sponsor is subject to a set of obligations, monitorable by Immigration. A summary of the Sponsorship Obligations is described on the Department’s website. They broadly include record keeping obligations, notification obligations and financial obligations.

Feel free to contact us about these obligations. We can help you with a company policy to ensure compliance.

A Business Sponsor is subject to monitoring by the Department, to confirm compliance with obligations. Monitoring can be undertaken at any time and is usually conducted by way of a Monitoring Report. We assist businesses with the Monitoring Report. The Department can also perform monitoring on-site whereby an Inspector has the power to inspect any work, material, machinery, facility, and interview any person, or request the production of any records or documents.

The Department has the power to issue sanctions for non-compliance.

Family members, such as spouses (married, de-facto, same sex) and children can be included in the work visa application (whether temporary or permanent) and will obtain the same visa as the employee.

Spouses can work for any employer with full work rights while holding the temporary work visa.

The temporary work visa holder will be subject to work condition stating that they can only work for you (or an associated entity) while holding the sponsored visa.

They must only work in the approved occupation.

They must not “cease work” for you, otherwise risk visa cancellation. Only Immigration can cancel visas. 

A mandatory health insurance condition is imposed on the visa.

We offer fixed professional fees to assist with arranging standard work visas. Any complex matters, are rare, we would discuss with you first. No surprises. Examples of complex matters unique to a visa application include health, character (police history), visa history, Schedule 3/ 4/ other Public interest criteria, age exemptions, skill exemptions.

Government fees may include:

• Sponsorship Application Fee.
• Nomination Application Fee.
• Skilling Australia Fund Levy (SAF levy)
• Visa Application Fee.

Factors that affect government fees: 

• Visa Type + visa period.
• Whether you are a large or small business– the turnover test.
• Family members – how many family members are included?
• Visa history – Immigration may charge additional fees depending on the employee’s visa history in Australia.

Employers can share some costs with the visa applicant, but care should be taken to ensure compliance with Sponsor Obligations.

You can talk to us about what costs you can lawfully ask the employee to pay, or what you can lawfully recover. We can help you remain compliant.

Yes, a business can nominate a skilled position for a permanent visa under the Employer Nomination Scheme, subject to the employer and employee meeting eligibility criteria.

An employer often elects a permanent residence visa:

• As an employee benefit to their employees and thereby increase retention and happiness scale.
• To avoid visa renewals.
• To move the sponsored employee off their Sponsorship Obligation responsibilities.
• Manage and control costs.
• To support their employee in an important stage of their life.
• To assist the employee, obtain permanent residence where the employee has expressed an interest in permanent residence but cannot obtain this independently, or can, but with difficulty.
• To be an employer of choice.

Australian employers are required to comply with Australian Workplace Law and standards, whether a person holds a visa or not.

If the sponsored worker holds a temporary work visa (e.g., Subclass 482 /TSS) and finds a new employer, the employee will need to then have their new employer take over their current visa and/or lodge a new visa application. 

You have all rights under Employment law in relation to notice periods and other lawful terms of the employment contract, and workplace laws.