In 2022 Australia will continue to re-open to the world. As we enter into a new phase of living with COVID-19 and its variants a primary concern of both business and government is ensuring businesses have the workforce to cope with the current and future demands placed on Australian businesses.
Our Migration Specialist, Sophie Alberto MARN 0851592 has prepared this “Pathway To Overseas Workers” paper which sets out the steps that Australian businesses should start considering and preparing for NOW to ensure they can have their required workforce in 2022. The most common pathway to address skills shortages is through use of the “Temporary Skill Shortage” visa (“482 Visa”).
To recruit workers under a 482 Visa there is a 3 STEP process businesses NEED to follow.
STEP 1: An employer must apply to be approved as a “Standard Business Sponsor” through the Australian Government – Department of Home Affairs. If approval is granted, a standard business sponsorship will remain in place for 5 years allowing the employer to hire overseas workers during this time.
STEP 2: For each overseas worker that an employer wants to hire, a Nomination Application will need to be lodged with the Department of Home Affairs. There are various requirements that need to be met for a Nomination Application to be approved such as the employer being able to provide evidence that it has tested the “local labour market” by advertising the position for at least 28 days. The requirements for advertising any position that an employer may have available are very stringent and include details such as language, method, duration, and the kind of evidence required to accompany a Nomination Application. The employer must also offer oversees workers a salary which is conducive to meeting the “market salary rate” and details of this are outlined in Part 3 “Method of Determination of Annual Market Salary Rate[1]. The correct “market salary rate” needs to be included when advertising any available position. If an employer has not met the specific requirements when advertising any available position, the Nomination Application will be refused. It is important to get all of the steps and processes right from the start.
STEP 3: From a worker’s perspective, they will need to apply for the Subclass 482 Visa. The worker will need to have a certain level of skills (depending on the occupation), at least 2 years work experience in the nominated occupation or a related field together with a minimum level of English. If the nominated occupation requires registration or licensing, the employee will need to obtain this within 90 days of arriving in Australia.
If you are considering employing overseas workers below are some tips that may assist in ensuring you are ready to hire overseas workers:
(a) apply to be approved as a Standard Business Sponsor by submitting an application for a Standard Business Sponsorship as this will remain valid for 5 years and will allow the employer to “nominate” overseas workers;
(b) if the employer has a position available that is listed on “482 Skilled Occupation List”[2] they could advertise the position, bearing in mind that it must be advertised for a period of at least 28 days before any Nomination Application and Visa Application can be submitted. (Note: advertising the available position must be undertaken 4 months prior to submitting the Nomination Application). Getting assistance in preparing the advertisement from a Migration Specialist is strongly recommended as it may be done in advance, and thus allowing for a quicker nomination submission. It is also worth noting that the advertising of certain occupations may not be necessary (i.e. salaries over $250,000 per year) and a Migration Specialist can also advise whether there is a need to advertise or not and, if so if it can be done in advance.
(c) make sure the:
(i) employer is familiar with any registration or licensing requirements their overseas employee will be subject to and check if the overseas employee would be eligible to get registered or licensed with the appropriate authority (as they will need to obtain registration or licensing within 90 days of arriving in Australia. This is a condition that is attached to their Subclass 482 Visa);
(ii) overseas employee has completed an English test recently and has the requested level;
(iii) overseas employee (and his or her family) has double dose COVID-19 vaccine; and
(d) ensure the overseas employee understands any quarantine requirements they may be subject to or what quarantine requirements are in place and how to arrange payment for the same.
Becoming a Standard Business Sponsor can be challenging and knowing the correct steps and procedures is fundamental in ensuring a smooth transition for both the employer and employee. For further information or advice in relation to becoming a Standard Business Sponsor and employing Overseas Workers contact our Migration Specialist:
Sophie Alberto MARN 0851592
T: (08) 9336 7511 or E: sophie@ma.legal
[1] Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate ) Instrument 2018
[2] Migration (LIN 19/048: Specification of Occupations – Subclass 482 Visa) Instrument 2019
