Business Sponsors

Information for Business Sponsors

Sponsoring an employee for the first time can be a stressful experience as the amount of documentation & information required can be overwhelming. Our team are here to provide you with administrative assistance in creating and finalising your documentation as per the Department of Home Affairs standards, to ensure the best possible outcome.

One of our focus areas is on employer sponsored visas, to assist in filling the gap of labour skill shortages in our regional area. The following visa subclasses, allow a business sponsor to temporarily or permanently bring skilled overseas workers to Australia to work in their business.

Temporary Skills Shortage Visa (TSS) – Subclass 482

The TSS 482 visa is used by Australian business sponsors (employers) to temporarily fill the gap of labour skill shortages in their area. For a 482 TSS application, a business sponsor is required to become a Standard Business Sponsor first by applying for an SBS (Standard Business Sponsorship) application prior to the lodgement of a nomination.

There are 3 streams under the 482 TSS visa:

• Short Term Stream – valid for up to 2 years
• Medium Term Stream – valid up to 4 years
• Labour Agreement Stream – valid up to 4 years

The stream is determined by your employee’s occupation. The occupation must be listed on either the Short-term Skilled Occupation List (STSOL), Medium & Long-Term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL).

A business sponsor is required to pay a nomination & sponsorship application fee, as well as the Skilling Australians Fund (SAF) Levy. The SAF Levy payable is determined by the stream chosen, and is payable per year of sponsorship:

• Short-Term Stream: $1,200 per year (x2) = $2,400
• Medium-Term Stream & Labour Agreement Stream: $1,800 per year (x4) = $7,200

Skilled Employer Sponsored Regional (Provisional) Visa – Subclass 494

The 494 Visa replaced the 187 RSMS visa in 2019 and was designed for business sponsors in regional areas to address labour shortages in their area, by hiring an overseas worker where they cannot source a skilled Australian worker. For a 494 visa application, a business sponsor is required to become a Standard Business Sponsor first by applying for an SBS (Standard Business Sponsorship) application prior to the lodgement of a nomination.

There are 3 streams under the 494 visa:

• Employer Sponsored Stream – valid for up to 5 years
• Labour Agreement Stream – valid for up to 5 years
• Subsequent Entrant – valid for up to 5 years

The stream is determined by your employee’s occupation. The occupation must be listed on the Medium & Long-Term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL).

A business sponsor is required to pay a nomination & sponsorship application fee, as well as the Skilling Australians Fund (SAF) Levy. The SAF Levy payable is determined by the annual turnover of the business and is a once off fee.

• Businesses with an annual turnover of less than $10 million: $3,000 per nominee
• Businesses with an annual turnover of more than $10 million: $5,000 per nominee

Employer Nomination Scheme (ENS) Visa – Subclass 186

The 186 ENS Visa is an employer sponsored visa, which allows an applicant to live & work in Australia permanently. The visa applicant will be required to work for the business sponsor for a minimum of 2 years once the visa has been approved (note, there is a 6-month timeframe from approval, to when an employee is required to begin work).

There are 3 streams under the 494 visa:

• Temporary Residence Transition (TRT)
• Direct Entry Stream
• Labour Agreement Stream

The stream is determined by your employee’s occupation. The occupation must be listed on the Medium & Long-Term Strategic Skills List (MLTSSL).

A business sponsor is required to pay a nomination fee, as well as the Skilling Australians Fund (SAF) Levy. The SAF Levy payable is determined by the annual turnover of the business and is a once off fee.

• Businesses with an annual turnover of less than $10 million: $3,000 per nominee
• Businesses with an annual turnover of more than $10 million: $5,000 per nominee

Training Visa – Subclass 407

The 407 visa allows an applicant to participate in workplace-based occupational training, to improve their skills. This is a temporary visa, which allows an applicant to stay in Australia for up to 2 years.

For a 407 visa application, a business sponsor is required to become a Standard Business Sponsor first by applying for an SBS (Standard Business Sponsorship) application prior to the lodgement of a nomination.

To be eligible to sponsor an applicant on the 407 visa, you must be:

• An organization lawfully operating in Australia
• A Government agency
• A Foreign government agency
• A Religious Institution

There are no SAF Fees payable for the 407 visa, only a sponsorship & nomination application charge.

What Can PD Law Help With?

• Providing Legal Advice and Assistance
• Liaising with accountants, and third parties on your behalf
• Employer packages to assist with creating nomination documentations, Labour Market Testing (advertising) & Market Salary Rate submissions
• Preparing sponsorship & nomination applications (including any necessary application forms, and supporting submissions)
• Compiling sponsorship & nomination applications n in the required form for lodgement
• Lodging sponsorship & nomination applications with the Relevant Authority
• Monitoring of sponsorship & nomination applications with the relevant authority

Everyone’s situation is different, and every employer visa subclass has its own eligibility criteria. Call us today for an obligation free discussion to discuss your employee’s migration options.