Visa Requirements And Your Business

Hiring a migrant, and sponsoring them, can do wonders for business productivity.

The clear majority of migrants are deeply appreciative of the start they are being given and highly unlikely to do anything to jeopardise their employment, such as working below their peak productivity level.

They have a point to prove, not only to you as employer but also to themselves, that they are up for the challenge of being productive in a new country.

One significant influence over a migrant’s motivation is their visa status.

Temporary permits such as the 457 visa are suitable for people who want temporary residence and intend to move back home afterwards, or for use as a rest period before supporting your key worker with an application for Permanent Residency. Read here about pros and cons of the 457 work permit from a migrant’s perspective.

One way to use a migrant’s motivation to mutual advantage is to factor the sponsorship terms into the salary package and employment contract that you are considering to offer to a migrant. If you can address the migration needs of the applicant, the applicant can reciprocate by making concessions in other areas of employment arrangements:

• You may choose to offer a slightly lower salary or reduced benefits in exchange for sponsorship, partly offsetting the slight financial risk that you will be carrying as a sponsor on some visas (but not all).
• For other candidates, you may choose to leave the salary intact but sponsor them to work in an area where Australians are reluctant to go.
• A third idea is to offer a relocation subsidy that is written off over their term of employment. This needs some care and professional advice, as DIAC may decide the unwritten off value could become a deduction from salary and thus put the salary below visa guidelines. But it can be done legally and is already being used by some large employers.

Of course you can try to do none of the above, pay the minimum wage, stick them in a far off area and ask them to surreptitiously cover your costs, thinking “who wouldn’t be grateful for the sponsorship?”

But what hard working migrant would stay with you?

Once they could sort out a better job offer they would likely take it as their financial outlay to come and work here is higher than costs paid out by local employees.

Whenever you choose to tie any financial items to employment contracts, ALWAYS check with a migration agent or DIAC officer to ensure the actual salary components meet the necessary visa requirements. This is critical, as your much sought after employee might get turned down for a visa on the basis of incorrectly structured terms of employment.

DIAC offer this good advice when sponsoring a migrant who seeks extra points for a job offer.

DIAC must receive documentary evidence of your job offer. This evidence must:

• be written on the official letterhead of the prospective employer
• indicate clearly on the letterhead, the full address of the employer, any telephone and fax numbers, and email and web site addresses
• have the name and position of the person authorised to sign the offer of employment typed or stamped below that person's signature. A letter with an illegible signature will not be accepted.
• the letter should indicate what the position is and the main five duties to be undertaken, and the salary level.
• the organisation making the job offer must also indicate the number of people it has employed on a full-time basis for the previous two (2) years.

Click here to view the contact details of migration consultants who can help with visa sponsorship issues.

Here are links to visas that require employer sponsorship.

• ENS
• 457
• RSMS

Discuss Your Options

If you do not yet have a firm vacancy to list, but would like to:

• discuss the benefits and drawbacks of hiring a migrant,
• find out when our next employer seminar is in your area,
• get more information about visa options and sponsorship requirements,
• put together an offshore recruitment programme to obtain a number of candidates,
• look at what’s involved in placing a job vacancy with us,
• ask us not to contact you in regard to future vacancies and candidates, or
• make payment on behalf of a sponsored migrant;

Then please make contact with us via employer[AT]hireamigrant[DOT]com.

This site is not intended for use by either migrants or sponsors who are directly sponsoring a future employe. It is a condition of use of this site that all users acknowledge that they are not seeking migration advice for themselves as migrant or to act as sponsor of a future worker. For full legal entitlement and disclaimer please click here (c) Hire A Migrant Pty Ltd ACN 124 164 138 unless attributed.

The Australian Government is now in caretaker mode ahead of the national election scheduled for August 21. The timing is very unfortunate as a long series of major changes to immigration policy are still unfinished, leaving many thousands of people in a state of great uncertainty.

Although it is possible that State Governments may be able to submit their new lists of State Sponsored occupations for Ministerial approval, it is unclear whether the Minister still has the ability to authorise their implementation at least until a new Government is formed. Similarly, other unwelcome legislation for capping and ceasing certain visa categories is also unable to progress. Another choke point is that quotas for certain occupations may also be implemented at State and Federal levels soon after the election.

Or not! One major party view is that smaller employers should find it easier to become a sponsor, which would enable many more job applicants through. Applicants affected by change and uncertainty may still consider applying for 457 permits until their visa pathway for permanent residency is made clear. Even without the election, Immigration is in a bit of a mess and it will probably be October before it’s mostly cleared up.