Episode Summary:

This week on Moving to Australia podcast, we talk about how a business in Australia that has a genuine need to fill a skilled position can become eligible to sponsor skilled workers from overseas.

We begin the conversation by touching upon the need for businesses in Australia to source skilled workers from overseas in various industries: construction, hospitality, health, IT, trade skills. There are times when businesses are unable to meet local demands due to skill shortages and begin looking offshore to shore up their needs. Amitava details the steps involved in becoming an eligible sponsor.

There are quite a few streams available, for an employer to nominate an overseas worker under. We deep dive into each of them and the relevant visa subclasses that they cater to. Quite a lot of skilled workers enter Australia on a temporary visa. However, there are many avenues for those migrants to make Australia their permanent home. Eligibility criteria for subclass 191, which is a pathway to PR for an applicant on a subclass 494 or subclass 491, is discussed in detail.

Learn how an employer can transfer sponsorship to another business to attract the right talent they have been looking for. Sometimes, a worker is forced into signing a bond with an employer when they are being sponsored. Such measures taken by businesses in Australia are illegal. Learn about your workplace rights and how you can protect yourself against such exploitation.

Nominees on the Short Term Skill Shortage List have to provide a Genuine Temporary Entrant statement. This is essential for their visa to be approved.

When a business nominates an overseas worker, they must first demonstrate that they can't find a suitable Australian worker. This is called Labour Market Testing. LMT generally involves advertising the position in Australia. Find out about your obligations as an organization for LMT and the time duration before you can nominate a skilled migrant.

If you are an employer in a Regional Area, be aware that you can nominate an overseas worker only under certain visa subclasses.

Keywords:

Labour Agreement, Labour Market Testing, TSS, Subclass 482, Subclass 186, DAMA, Subclass 191, Employer Nomination Scheme Visa, Standard Business Sponsor, Subclass 494

Main Topics:

• (00:00) Eligibility criteria for a nominator

• (08:25) Transferring sponsorship to another employer

• (12:02) Skilled Occupation Lists for nomination

• (14:37) Labour Market Testing

• (16:45) Regional and major city employers

• (18:30) Employer sponsoring PR for a skilled migrant

Additional Resources:

Employer Nomination Scheme visa

Temporary Skill Shortage visa

Skilled Employer Sponsored Regional visa

Labour Agreements

Labour Market Testing

Fair Work OMBUDSMAN (Workplace Rights)

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If you are seeking immigration advice, would like to have a discussion about your application, or any other matter related to your PR call us at +61 415 882 542.

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