Build Lasting Relationship with Your Skilled Migrant Employees | Pathway to PR

Australia is widely recognized for its robust economy, cultural diversity, and high quality of life, making it a prime destination for migrants seeking new opportunities. For many, securing permanent residency (PR) in Australia is essential to establishing a stable future. However, the pathway to PR can be complex, particularly for visa holders who depend on sponsorship from businesses. This article explores how a business can sponsor a visa holder to obtain permanent residency in Australia. 
 

What are the Fundamentals? 

Before delving into the sponsorship process, it’s important to understand the various visa subclasses and pathways available for individuals aspiring to achieve permanent residency. Common visa subclasses used by applicants include: 

What are the main pathways for businesses? 

Businesses interested in sponsoring a visa holder should first determine the most suitable pathway based on several factors, including: 

  • The occupation of the visa holder 

  • The business’s location 

  • Specific eligibility criteria 

Assessing these factors ensures compliance with immigration regulations and a smoother sponsorship process. 

What are the eligibility criteria for Businesses?

To sponsor a visa holder for permanent residency, businesses must meet specific eligibility requirements set by the Department of Home Affairs: 

  1. Active and Lawful Operation: The business must operate actively and legally registered in Australia. 

  2. Financial Capacity: The business must demonstrate sufficient financial capacity to fulfil sponsorship obligations, including salary payments and other employment-related costs. 

  3. Compliance with Australian Laws: The business must adhere to all relevant Australian laws and regulations, including employment and workplace safety standards. 

  4. Genuine Need for the Position: The nominated position must be genuine and necessary for the business’s operations. 
     

What are the Sponsorship Obligations? 

Once a business becomes an approved sponsor, it assumes various sponsorship obligations toward the sponsored visa holder: 

  • Providing Employment: The business must offer full-time employment to the visa holder in the nominated position.

  • Ensuring Equivalent Terms and Conditions: The visa holder must receive terms and conditions of employment equivalent to those provided to Australian employees in similar roles. 

  • Notification of Changes: The business must inform the Department of Home Affairs of any significant changes in the visa holder’s employment, such as changes in duties, salary, or work location. 

  • Cooperation with Monitoring and Compliance Activities: The business must cooperate with any compliance monitoring conducted by the Department of Home Affairs. 

 

What is the Application Process be like? 

The application process for sponsoring a visa holder for permanent residency involves several stages: 

  1. Nomination: The business nominates the visa holder for a specific occupation and visa subclass. 

  2. Visa Application: After lodging the nomination application, the visa holder submits their application for permanent residency. 

  3. Assessment and Approval: The Department of Home Affairs assesses the nomination and visa application to determine eligibility. 

  4. Visa Grant: If the application is successful, the visa holder is granted PR in Australia. 

How Can Agape Henry Crux Help

By understanding the eligibility criteria, sponsorship obligations, and application process, businesses can confidently navigate the pathway to PR for their talents. For businesses considering this migration pathway, contact our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux for valuable guidance and support throughout the process. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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