Do you employ foreign workers in Australia? Or perhaps you would like to find out more information about potentially doing so if you are having difficulty sourcing Australians from the local employment market to fill vacancies in your business?
Well, you have come to the right place. We’re glad to say that the team of experts at PAX Migration Australia can help you. We welcome your enquiry to discuss your individual business needs and how an employer sponsorship can assist in meeting those needs.
Migration Agent Oaklands Park can take care of your sponsorship and compliance obligations. If your sponsorship has been cancelled, Immigration Agent Oaklands Park can represent your business at the Administrative Appeals Tribunal (AAT). We can also prepare labour agreement submissions for your business.
Why Is Sourcing ‘The Right Employees’ So Important To Your Business?
Employees are, in many ways, the lifeblood of a business, and so not being able to access appropriately skilled workers to carry out the essential enterprise functions so that it can operate most effectively can be detrimental to the ultimate success of that business. If you don’t have the ‘people power’ to fuel your business, unfortunately, you won’t get very far! Especially if your business operates in a more labour-intensive industry. And even if you are operating in the newer emerging advanced technological industries, people are just as important, requiring highly skilled employees with niche and specialised skills which will power growth and development into the future. You need access to these critical skills in your business to be at the forefront of the next generation of industry in Australia.
And whether it is semi-skilled manual-type labour that you need, or specialised skills in the knowledge industries, an employer sponsorship can help you to ‘plug the holes’ missing to enable your business to operate as effectively as it can. Having access to the right labour where and when it is needed is critical to the success of any business. In many instances, it may be true to say that you might as well shut up shop if you cannot meet your labour needs!
This point illustrates just how critical labour can be for many businesses, and to help relieve the difficulties that may be associated in this regard, the Government has opened up the opportunity for eligible businesses and employers to sponsor overseas workers to help meet these needs where they may otherwise not be met by the local employment market.
And from the employees’ point of view, being sponsored by an employer for a visa can be a very attractive proposition. It means they can spend time living in Australia as a ‘local,’ contributing to the community (and economy) and pick up new skills and experience along the way. In certain cases, a temporary sponsorship can also lead to a permanent visa later down the track, which can be another appealing factor to prospective employees who are considering a longer-term plan to settle in Australia. There is also an option to offer immediate permanent residence with an Employer Nominated Visa in certain instances.
Why Employer Sponsorship Cannot Be Your First Option In Sourcing Labour
Keep in mind that taking advantage of this option is by no means meant to be the first port of call in sourcing labour need for your business. Among other strict requirements, you need to provide evidence to document your efforts in attempting to first attempt to source Australian labour. Only in the event that you are unsuccessful in your efforts can you consider potentially sponsoring foreign workers. It is therefore important to be aware that taking this avenue is not meant to act as an ‘either/or’ proposition. It is only available if the local labour option has been thoroughly explored and been unsuccessful.
Sponsorship Obligations Will Apply
You also need to be aware that as a sponsoring employer, you will be subject to ongoing sponsorship obligations throughout the term of the sponsorship (some of which apply beyond the term of sponsorship approval), as well as monitoring by the Department of Home Affairs (the Department) to ensure that your business complies with these obligations. Heavy penalties may be imposed where these obligations are not adhered to and it is therefore essential that you understand exactly what your responsibilities are as a sponsoring employer, and that you have the appropriate systems in place to comply with them.
What Services Do We Offer To Employers?
So, with all this in mind, lets now explore the services that PAX Migration Australia can provide to businesses to help them fill their essential labour function, and therefore operate as effectively as they can.
As we say, we take the pain out of migration so that our clients can focus on running their businesses. This leaves you to focus on making your business as successful as it can be. And we’ll take care of your migration needs!
Employer Sponsorship Applications
PAX Migration Australia offers comprehensive support to employers who seek to nominate or sponsor a non-citizen.
There are a number of different employer-sponsored visas in Australia. Choosing the right one can save you money due to the different obligations for each type.
We have the skills, experience and commercial expertise to allow us to effectively analyse and develop an optimal method for an employer and employee to be brought together under Australia’s migration law and policy framework.
Key Areas Of Support For Employer Sponsorships And Nominations
Our services include:
- Assessing, advising on, and preparing an application to be an approved nominator/sponsor. We can also handle the visa side of things for your prospective employee;
- Advising on minimum salary levels required and how to calculate the base salary;
- Labour Market Testing (LMT) requirements;
- Addressing the “Genuine Need” requirement;
- Provision of financial and payroll data to the Department;
- Providing advice on business processes to comply with Immigration obligations;
- Addressing any adverse information presented by the Department; and
- Providing compliance monitoring support.
Labour Agreements can be used where a business has needs that are not able to be met by existing employer-sponsored visas. They offer added flexibility to employers by being tailored to meet the individual needs and attributes of each employer. There are five types of Labour Agreements, as listed below:
- Company-specific labour agreements;
- Designated area migration agreements;
- Project agreements;
- Global Talent Scheme (GTS) agreements; and
- Industry labour agreements.
You can read more about this pathway in our Complete Guide to Labour Agreement Visa article.
PAX Migration Australia offers comprehensive support for employers who seek to pursue a labour agreement for a body of workers.
Labour Agreements typically involve:
- Stakeholder consultation;
- Exhaustive labour market testing (recruitment attempts);
- Detailed submissions to be lodged with the Department to request access to a labour agreement;
- Nomination of positions to be filled by the employer; and
- Applications for visas for the new employees.
A labour agreement is a complex body of work and requires businesses to invest resources “upfront” to demonstrate a need for labour agreement approval. Only after the labour agreement is approved can the business begin sponsoring workers. A wide range of issues needs to be considered when approaching labour agreements, including stakeholder management, political lobbying, long-term strategic thinking and an unimpeachable business case.
If you are interested in applying for a labour agreement for your business, contact us to book a no-obligation consultation to obtain a frank assessment about your prospects of success. We know what it takes to get labour agreements approved.
Key Areas Of Support For Labour Agreements
We will prepare a comprehensive submission to the Department detailing:
- The occupations sought;
- Skills and job descriptions for the nominated occupations;
- Workforce profile;
- Evidence of training benchmarks;
- Evidence of labour market shortage;
- Stakeholder consultation;
- Submission for English language concessions if required;
- Salary arrangements;
- Financial viability;
- Details of related entities; and
- Migration compliance, Workplace relations and Occupational Health and Safety compliance history.
Arranging a labour agreement is a complex process but can save your business time and money in the long run by establishing a framework under which your business can employ foreigners quickly.
If your business sponsorship application has been refused, or your business sponsorship has been cancelled, you may have the right to appeal the decision.
We can help you through the entire appeals process including:
- Preparing your application for review to the AAT;
- Devising a strategy to give you the best possible chances of success;
- Providing guidance as to what will be relevant for you to explain to the AAT in support of your case;
- Providing support in gathering evidence and documentation to evidence your review claims;
- Preparing written submissions to the AAT;
- Appearing in any interviews and tribunal hearings with you;
- Liaising with the Tribunal hearing your case as well as other interested parties, as required; and
- Identifying further opportunities for an appeal or Ministerial intervention if your first appeal is unsuccessful.
The Department has wide-reaching inspection powers.
We can assist you by providing compliance advice to you and your managers regarding:
- Migration worker engagement laws and employer requirements;
- Ongoing obligation requirements to the Department;
- Structuring your business systems and processes to ensure compliance;
- RIsk assessment of your business processes for Immigration purposes;
- Responding to Immigration notices regarding your sponsorship or nomination; and
- Employees’ visa status and work rights.
Get More Information
You can read more about employer sponsorships at the following links:
And to find out more about why you should consider choosing PAX Migration Australia, what our clients think about us, and why obtaining expert advice and assistance from a migration agent Oaklands Park can be beneficial in achieving a positive outcome on your migration matter, please see the following articles:
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Contact PAX Migration Australia to book a no-obligation consultation to find out more about how immigration agent Oaklands Park can assist you with your employer sponsorship application, appeal or to meet your compliance obligations.
Administrative Appeals Tribunal