How to Be A Visa Sponsor For A Skilled Worker In Australia
Thinking to sponsor one of your overseas workers? Overwhelmed with the information online on where to start? Our immigration specialists have broken it down for you below on being a sponsor for a skilled worker.
How do I know if I am eligible to sponsor?
Any legally established and operating businesses are permitted to apply to be a sponsor. Businesses or organisations that are party to a Labour Agreement are also permitted to sponsor overseas workers.
Depending on the type of work visa application one is eligible to apply, sponsors may opt to apply for the following options for sponsorship:
Standard Business Sponsor (SBS)
Eligible to sponsor a Temporary Skill Shortage (TSS) visa (subclass 482) applicant.
A qualified standard business sponsor will receive priority when the Department of Home Affairs (DoHA) begins to process TSS nominations and visa applications.
Temporary Activity Sponsor (TAS)
Suitable to sponsor applicants for the following visa types:
Temporary Work (International Relations) vis Subclass 403) visa Seasonal Worker Program stream or Pacific Labour Scheme stream
As a sponsor, what are my obligations to my sponsored worker?
An employer’s SBS obligations and Temporary Activities Sponsor (TAS) obligations are almost the same, if not, higher standards as the local hires, as the skilled migration program is only intended to fill the gap of worker shortage in the Australian labour market.
As such, sponsored workers are entitled to the minimum entitlements laid out by the National Employment Standards, such as:
Maximum weekly hours
Requests for flexible working arrangements
Offers and requests to convert from casual to permanent employment
Parental leave and related entitlements
Annual leave
Personal/carer’s leave, compassionate leave and family and domestic violence leave
Community service leave
Long service leave
Public holidays
Notice of termination and redundancy pay
Fair Work Information Statement and Casual Employment Information Statement
Sponsored workers may also be subject to other obligations to protect them from exploitation.
Who can I sponsor to work in Australia?
Approved sponsors can sponsor workers who are:
Living and working in Australia but on another visa with work rights
Living in Australia but on another visa with limited/no work rights
Living overseas
Sponsors are also allowed to take over an ongoing sponsorship of a Temporary Skill Shortage visa (subclass 482) holder if the visa applicant is planning to make the switch.
How much will A sponsorship cost me?
The application costs, associated levies and the time frame depend on the type of work visa the sponsor and the skilled worker are eligible to apply for. However, the costs typically include:
| PURPOSE | WHO PAYS | COST (AUD$) | |
|---|---|---|---|
| Sponsorship application | Sponsor | $240 | |
| Nominating a skilled worker | Sponsor | $330 to $540 | |
| Contribution to Skilling Australians Fund Levy | Sponsor | $3,000 or $1,200 (annual) | |
| Total Sponsorship Cost | Sponsor & Applicant | $1,300 to $4,200 |
How Can Agape Henry Crux Help
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters. You can book 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, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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.