The Global Talent Employer Sponsored (GTES) program enables employers to sponsor overseas workers for highly-skilled niche positions that cannot be filled in the local employment market or through other standard visa programs (e.g. the Subclass 482 Temporary Skill Shortage (TSS) visa program). The proposed sponsoring employer must demonstrate that they are unable to fill the position through existing skilled visa programs.
If approved, an employer will be able to sponsor workers for a TSS visa under the GTES.
The GTES program is designed to attract globally mobile, highly-skilled and specialised individuals to Australia who can generate employment opportunities in Australian businesses, thereby helping them to hire more local staff and fill critical areas of need.
Filling a position through a GTES agreement must result in opportunities being created for Australians by, for example, creating new local employment opportunities, or the transfer of knowledge and skills to Australians.
How these opportunities are actually realised must be demonstrated throughout the GTES agreement period.
The GTES provides faster processing times and flexible concessions for approved participants. There are two steams available; the Established Business stream, which is designed to fill highly skilled, specialised and niche roles, and the Start-up stream, for businesses operating in a STEM-related field.
Features Of The Global Talent Employer Sponsored Program
The main features of the GTES program are:
- eligible employers are not restricted to the standard occupation lists as prescribed for the TSS visa, but can sponsor workers in other highly skilled roles
- the program comprises of two streams, namely, ‘established business’ and ‘startups’ streams
- a higher earnings threshold applies to the GTES compared with the standard TSS program
- standard TSS visa requirements can be varied
- the GTES visa is valid for up to four years, and provides a pathway to permanent residency
- age requirements for the permanent residence stage may be negotiated
- GTES agreements are subject to priority processing
The GTES is one type of labour agreement, which enables approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the local employment market, and where standard temporary or permanent visa programs are not available.
Labour agreements are developed between the Australian Government (through the Department of Home Affairs) and employers. They are generally valid for five years.
Global Talent Employer Sponsored Streams
Established Business Stream
Under this stream, an accredited sponsor may employ overseas workers who are highly-skilled and specialised in their field to help innovate an established business in order to drive improvements.
Eligible employers may sponsor up to 20 positions per year (subject to meeting applicant and position criteria)
Startup Stream
Under this GTES stream, eligible employers can sponsor highly skilled overseas workers to contribute to Australia’s developing startup ecosystem and bring new ideas, skills and technology, and generate local employment in Australia.
Startups in a tech-based or STEM (science, technology, engineering and mathematics) field are eligible.
Eligible employers may sponsor up to 5 positions per year (subject to meeting applicant and position criteria)
The startup must be endorsed by the independent GTES startup advisory panel to be eligible.
Main Features
The Established Business and Startup streams share some common features, the key ones being:
- certain visa requirements are flexible
- pathway to a permanent residence visa after 3 years, with age concessions
- Application for the agreement is simplified and subject to faster processing
- visa holder must find a new sponsor or visa within 60 days, or depart Australia, if the sponsored position no longer exists
It is also important to be aware that an approved GTES sponsor will be subject to sponsorship obligations.
How Can You Sponsor Workers Under The GTES?
The proposed sponsor must first determine whether it is eligible to sponsor overseas workers under the GTES.
Determine Eligibility
The first step is for the proposed sponsor to demonstrate that they are unable to fill the position in the local employment market with an Australian worker, and that the position cannot be filled through the existing skilled visa programs.
Established Business Stream
An employer who is seeking to sponsor overseas workers under the established business stream must meet the following eligibility criteria:
- demonstrate that by accessing the GTES program, this will generate local employment opportunities and the transfer of skills to Australians
- provide evidence of having undertaken prescribed Labour Market Testing (LMT) for the specific positions when applying for a GTES agreement (see further details below)
- have good standing with relevant regulatory agencies, e.g. complying with immigration and workplace laws
- be publicly listed, or have an annual turnover of at least $4 million for each of the last 2 years
- be endorsed as a TSS accredited sponsor
Labour Market Testing
The proposed sponsor must provide evidence of LMT for each specific occupation it is seeking to sponsor under the GTES program.
The business must demonstrate with supporting evidence two attempts for each specific occupation to employ qualified and experienced Australians. These must have been conducted in the 12 months before lodging the nomination application.
Note there are no prescribed requirements regarding the content or duration of advertisements. The Department of Home Affairs (the Department) will assess whether the advertisements submitted genuinely test the Australian labour market.
In circumstances where the employer is unable to provide evidence of two LMT attempts, which may occur due to a very limited global pool of suitable people and where the methods of LMT listed below are not suitable), they should provide a statement explaining these circumstances when applying for a GTES agreement.
If the position is an intra-corporate transfer of an existing employee of a company to another branch or associated entity of that company operating in Australia, provide a formal letter of transfer or other documents which outline the intra-corporate transfer arrangement as evidence of LMT.
The LMT may be undertaken by a third party (e.g. an associated entity or a contracted party, such as a recruitment agency or executive search firm). Provide evidence with a summary of the search undertaken.
If applying to vary a GTES agreement in order to add new occupations, the employer must provide evidence of having conducted LMT for these occupation/s.
Examples of acceptable forms of LMT are outlined below.
- Recruitment websites (e.g. technology based global employment platforms such as LinkedIn Jobs) – provide a copy of the job advertisement, invoices for recruitment subscription services and/or job posting data metrics
- advertise the position on the prospective sponsor’s website (this is available only under the established business stream) – provide a copy of the job advertisement
- Executive Search firm – provide evidence of fees or invoices for recruitment services, a summary of the search undertaken and/or contract between the businesses and the executive search firm
- Networking or referrals where this leads to identifying globally recognised talent from overseas – provide a written referral or endorsement by industry leaders and/or experts in their field to explain why the specific individual overseas is the only person, or one of very few people, who can undertake the nominated position and no Australian worker is available
The prospective visa applicant must:
- satisfy health, character and security criteria
- have no familial relationships with directors and/or shareholders of the prospective sponsor
- have relevant qualifications to perform the highly skilled role
- demonstrate a minimum of 3 years employment experience that is directly relevant to the position
- have the capacity to transfer skills and contribute to the development of Australian workers
The position must also have minimum annual earnings equivalent to the Fair Work High Income Threshold, which is currently set at $153,600 (for the period from 1 July 2020 to 30 June 2021). Note this is subject to change annually.
Also be aware that an employee who has accepted a written guarantee of annual earnings, and who is guaranteed to earn an annual amount which is more than the high income threshold is classified as a ‘High income employee’ under workplace laws are are therefore not covered by an Award for employment purposes.
Startup Stream
An employer who is seeking to sponsor overseas workers under the startup stream must meet the following eligibility criteria:
- demonstrate that by accessing the GTES program, this will generate local employment opportunities and the transfer of skills to Australians
- provide evidence of having undertaken prescribed Labour Market Testing (LMT) for the specific positions when applying for a GTES agreement
- have good standing with relevant regulatory agencies, e.g. complying with immigration and workplace laws
- operate in a technology based or STEM-related field (e.g. digital, biomedical, agtech)
- be assessed and endorsed as a viable and genuine startup by an independent startup advisory panel
The startup must also have received one of the following:
- an investment of at least $50,000 from an investment fund registered as an Early Stage Venture Capital Limited Partnership; or
- an Accelerating Commercialisation Grant at any time
The prospective visa applicant must:
- satisfy health, character and security criteria
- have no familial relationships with directors and/or shareholders of the prospective sponsor
- have relevant qualifications to perform the highly skilled role
- demonstrate a minimum of 3 years employment experience that is directly relevant to the position
- have the capacity to transfer skills and contribute to the development of Australian workers
The position must also have minimum annual earnings at the market salary rate, but not less than $80,000. This can include equity, but must have a cash component that is not less than the Temporary Skilled Migration Income Threshold (TSMIT), which is currently set at $53,900.
Express Your Interest In The GTES Program
A proposed sponsor can express their interest as outlined below.
Established Business Stream
Submit a GTES labour agreement request and attach relevant documents online via ImmiAccount.
Startup Stream
The following must be submitted via email to globaltalentscheme@homeaffairs.gov.au:
- business name and ABN/ACN
- description of the position/s required and evidence of why the position/s is not available or cannot be accessed through standard visa pathways
- evidence of an investment of at least $50,000 from an investment fund registered as an Early Stage Venture Capital Limited Partnership, or receipt of an Accelerating Commercialisation Grant.
Subject to meeting the required criteria, the Department will arrange for your startup to be assessed by the Startup Advisory Panel.
Assessment Process
The Department will access the application based on the information provided. It is very important to provide complete and correct information documents when submitting the application as a failure to do so may result in a delay in processing times or the application may be refused.
Provided all information and documents are provided, the approximate processing time is 6 to 11 business days.
If the application is approved, the Department will send a GTES agreement for signature.
Nomination And Visa Application
Once signed and executed, the employer will be provided with a Permission Request ID, which is to be used when lodging nomination applications online for overseas workers under the GTES.
Nominated workers are then able to lodge a TSS visa application online. This will be assessed in line with the criteria established in the GTES agreement.
The average processing time for a GTES nomination and visa application is approximately within 5 business days (provided a complete application is submitted).
Who Can Help You To Apply Under The GTES Program?
PAX Migration Australia are trained professionals in migration law. Our team of experts possess the skills, qualifications and years of experience to help businesses meet their skill needs through migration. We know all the ins and outs of how you can sponsor overseas workers under the GTES program, and thereby fill critical labour shortages in your business.
As part of the service, your registered migration agent will provide you with tailored advice that is prepared specifically for your business, based on your business’ unique position and skill level needs. Contact PAX Migration Australia to explore your business’ options to sponsor workers under the GTES program.
Why Choose PAX Migration Australia?
To learn more about why you should consider speaking with PAX Migration Australia, reviews and testimonials from our clients about what they think about us, and why obtaining professional assistance and advice from a migration agent can be beneficial in achieving a positive outcome on your migration matter, please refer to the following articles:
Selecting a migration agent in Australia
Should I use a migration agent or immigration lawyer for my application?
Migration Agent Aberfoyle Park
For more information on what you can expect from PAX Migration Australia when you engage our services, including the process involved, please refer to the following articles:
Migration Agent Kensington Park
Get More Information
You can read more about the GTES program in our Global Talent Employer Sponsored Pilot Programme is now permanent article.
You can also access a list of the currently registered GTES agreements on the Department’s website (you can select from three categories when searching under ‘LA type’: GTS – Start up, GTS – Established business and/or GTS).
Subscribe to our newsletter for regular updates and additional information.
Contact us to book a no-obligation consultation to assess your eligibility and to find out more about sponsoring overseas workers under the GTES program.
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The purpose of this article is to provide a general overview of the GTES program including eligibility criteria and how to apply. It is beyond the scope of this discussion to provide a detailed description of all applicable factors you will need to consider. We therefore strongly recommend if you are considering applying for a GTES agreement, that you make the proper further enquiries to ensure that you are fully informed about your eligibility, the application process and the documentary evidence requirements that apply before you lodge your application. This will give you the best chance of a successful outcome and potentially avoid unnecessary processing delays or a potential refusal.
For up to date advice about sponsoring overseas workers under the GTES program, including an assessment of your business’ eligibility, the process for applying and advice about the requirements that apply, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
Sources/Links
Australian Government – Fair Work Ombudsman – Library – High income threshold amounts
https://www.fairwork.gov.au/library/k600486_high-income-threshold-amounts
Australian Government – Business – business.gov.au – Grants & Programs – Early Stage Venture Capital Limited Partnerships (ESVCLP) – List of Early Stage Venture Capital Limited Partnerships
Australian Government – Business – business.gov.au – Grants & Programs – Accelerating Commercialisation – Expert advice and funding on how to take your innovation to market
https://www.business.gov.au/grants-and-programs/accelerating-commercialisation
Australian Government – Department of Home Affairs – Immigration and citizenship – Help and support – Applying online or paper – Applying online in ImmiAccount
https://immi.homeaffairs.gov.au/help-support/applying-online-or-on-paper/online#content-index-0
Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Employing or sponsoring workers – Sponsoring workers – Nominating a position – Labour market testing – Global Talent Employer Sponsored (GTES) labour market testing
Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Working in Australia – Visas for innovation – Global Talent Employer Sponsored (GTES)
https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/global-talent-scheme
Australian Government – Fair Work Ombudsman – Awards and agreements – Award and agreement free wages & conditions
https://www.fairwork.gov.au/awards-and-agreements/award-and-agreement-free-wages-and-conditions
Australian Government – Department of Home Affairs – Immigration and citizenship – Visas – Employing or sponsoring workers – Sponsoring workers – Labour agreements – Nominating a position – List of current labour agreements