How can I employ an overseas worker?

Australia is currently experiencing a skill shortage of workers across all industries. What can you do as a business owner if you wish to employ an overseas worker on a long-term basis?

It’s a good question to ask and the answer will depend on a huge variety of factors, including:

• What is the position?
• Is the position included on one of the Department of Home Affairs occupation lists for visa sponsorship?
• Is the position full-time, part-time or casual?
• What is the annual salary for the position?
• Are there specific skills, qualifications or minimum experience required for a visa application?
• Is there an age limit in applying for a certain visa?
• How long will the position be available?

Australia’s visa options include a large number of visa categories. Each one has its own requirements, costs, timing and obligations that rest on the employer. The most common option to employ an overseas worker on a full-time basis in the Temporary Skill Shortage (TSS) (482) visa.

The TSS is a temporary visa and allows the visa holder to work in their nominated occupation for the business that sponsors them for a period of up to 2 or 4 years.

There are three steps in obtaining a TSS visa:

• The business applies to become a Standard Business Sponsor
• The business nominates the position and provides the details of the person they wish to employ
• The employee lodges a visa application, showing they have the skills for the nominated position and are of good health and character.

The process is complex and there are some vital aspects to get right, such as how you have tested the local labour market in an attempt to find an Australian citizen or permanent resident to fill the role. Your business may have advertised the position, but do those ads meet the Department of Home Affairs requirements? If they do not, the nomination application will not be successful.

It is also important to confirm that the visa applicant meets the skill requirements. These visa requirements may be different to the standard industry requirements and this is commonly seen with the occupations of cook and chef.

Want to know more information on employing an overseas worker?

If you’re looking to employ an overseas worker, our team of registered migration agents and immigration lawyers can assist you. Contact our team today to discuss your requirements.