What is an Employer Sponsored Visa?
Employer sponsored visas allow Australian employers to sponsor skilled labour to serve their business needs and allow foreign workers to explore their employment options within Australia and to further develop their specialised skills.
There are several employer sponsored visas that are targeted towards meeting the specific need of Australia’s labour market, such as the regional visa being specifically targeted to certain regions in Australia that are experiencing critical labour shortages.
What are the Employer Sponsored Visas?
There are three types of employer sponsored visas available under the program:
- Temporary Skill Shortage (Subclass 482) visa;
- Employer Nomination Scheme (subclass 186) visa; and
- Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa.
Each of these visas has its own eligibility criteria for the visa applicant and the sponsor which must be met at the time of the application and at the time of the visa grant.
What is Employer Sponsorship?
All employer sponsors are subject to various obligations that they must abide by if sponsoring an overseas worker for a Subclass 482 or Subclass 494 visa, such as ensuring the employee works only in their nominated occupation and ensuring equivalent terms and conditions of employment.
Penalties may apply if an employer does not meet its sponsorship obligations.
Who can sponsor a work visa?
Work visas must be sponsored by an employer that meets prescribed eligibility criteria, including, but not limited to:
- Having a legally established and currently operating business;
- Having no adverse information regarding their business; and
- Additional requirements for businesses in Australia.
Sponsors must be a Standard Business Sponsor OR an Accredited Sponsor approved by the Department of Home Affairs (Department) before successfully nominating and sponsoring any skilled foreign workers.
Can I leave my employer after getting my visa?
Employer sponsor visa holders are subject to certain visa conditions for the term of their visa, including maintaining employment with their employer for the duration of the visa.
This is because the employer requires a skilled individual to fulfil their business needs and has sponsored the visa applicant for that reason.
It is essential to have a full understanding of what the visa conditions and requirements entail as failing to adhere to visa conditions can have significant consequences, such as the cancellation of the visa and issues with future visa applications.
Can I change employer on the 482 Visa?
Once a Temporary Skill Shortage visa is granted by the Department, the visa holder can usually only work for the employer/business that sponsored them per the conditions of their visa.
If the employer/business has associated entities, the visa holder can work for the main sponsoring business or its associated entities.
Contact Us
For professional advice on Employer Sponsored Visas, contact Bambrick Legal today:
- Schedule a professional consultation with our specialists here
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Related Blog – 9 Tips for a Successful Visa Application in Australia