Employer Sponsored Visa Strategies for Australian Companies

The Importance of Strategic Immigration in Business

For Australian companies, leveraging global talent pools can drive innovation, fill skill gaps, and enhance cultural diversity. In an environment where local labour markets may not provide sufficient skilled workers, employer sponsored visas allow companies to remain competitive both domestically and internationally.

Understanding Australia’s Skilled Worker and Employer Sponsored Visa Landscape

Australia's immigration system is intricately structured and constantly adapting to new laws and regulations. Businesses must navigate a multifaceted landscape of visa categories, compliance obligations, and ever-changing policies to ensure seamless operations and avoid legal pitfalls. The primary regulators of employer-sponsored visas and skilled worker visas in Australia are the Department of Home Affairs and the Australian Border Force.

Migration lawyers assist businesses in managing these processes by offering expertise in visa selection and application, compliance management, policy updates, and sponsorship accreditation. Compliance obligations include meeting sponsorship conditions, monitoring and reporting visa holders' employment status, adhering to workplace standards, and conducting labour market testing. Understanding and abiding by migration law is essential to avoid penalties and ensure successful sponsorship of skilled workers.

Key Skilled Worker & Employer Sponsored Visas for Australian Companies to Consider:

Skills in Demand (SID) Visa (Subclass 482):

This visa allows Australian employers to sponsor skilled workers from overseas to fill positions they cannot fill locally. The relevant stream (core skills, specialist skills, labour agreement stream) will depend on the nominated position and other factors pertaining to the nominating employer.

Employer Nomination Scheme (ENS) (Subclass 186):

This permanent residency option is for skilled workers who are nominated by an approved Australian employer. It is crucial for businesses to maintain compliance to avoid penalties.

Skilled Employer Sponsored Regional (Provisional) (subclass 494):

This visa allows Australian employers in regional areas to fill their shortages by sourcing foreign skilled workers on a temporary basis. Transitional opportunities to permanent residency are available under this visa.

Regional Sponsored Migration Scheme (RSMS) (Subclass 187):

Targets transitional skilled workers from Subclass 482 to fill labour shortages in regional Australia, providing businesses in those areas with access to a broader talent pool.

Temporary Work Short Stay Visa (Subclass 400):

Allows for highly skilled individuals to be engaged by Australian companies for short periods to undertake specific work or activities.

Training Visa (Subclass 407):

This visa allows prospective workers from abroad to participate in workplace-based training programs for up to 2 years to enhance their skills in their current occupation.

Succeeding in Strategic Immigration Planning

Prior to embarking on sourcing international talent, we advise that a strategy is developed. Our most effective clients are those that engage with our migration lawyers from the outset. Here’s how we help clients succeed with skilled migration.

1. Conduct a Skills Gap Analysis:

Organisations should identify skill shortages in their workforce to determine which roles require international talent. BlueRock Law can assist in pre-qualifying possible visa options for such talent.

2. Develop a Comprehensive Strategic Immigration Policy:

Immigration policy should outline the processes for visa sponsorship, employee relocation, and compliance requirements.

Companies regularly engage the Department of Immigration to negotiate labour agreements if they identify niche skills that they seek from overseas based on previously engaging in local recruitment efforts without much success.

3. Engage with a member of our BlueRock Law Immigration Team:

Given the complexities of Australian immigration law, partnering with experienced migration lawyers is crucial. Our team of professionals can provide valuable insights into visa options, compliance, and recent legislative changes.

4. Foster a Welcoming Culture and adhere to Fair Work standards:

Once visa holders commence working for the sponsor, employers are obligated to adhere to Australian Fair Work standards and regulations. Initiatives such as mentorship, cultural training, and community engagement can help international employees integrate smoothly.

5. Stay Informed on Policy Changes:

Immigration policies can change rapidly, influenced by economic conditions and the political climate. Companies must stay informed about these changes to adjust their strategies accordingly. We attempt to keep all our clients informed by providing regular updates and alerts.

6. Leverage Technology for Recruitment and Visa Holder Records:

Utilising digital tools can enhance the recruitment, immigration and renewal process for international talent.

Wondering How Strategic Skilled Migration Can Benefit Your Business?

At BlueRock Law , we’re lucky to have some of the best migration lawyers in Melbourne helping our individual and business clients succeed in navigation employer sponsored visas.

We understand that the process can be complex, so we are more than happy to address your specific immigration queries. Get in touch via the form below to speak to one of our migration lawyers and ensure you’re compliant to Australian immigration regulations.

About the Author

Jimmy Morcos is a Director and experienced lawyer at BlueRock Law with extensive experience in immigration law acting for many organisations. With a passion for helping businesses navigate complex legal frameworks, he has successfully assisted numerous Australian companies, both SME’s and larger multinational entities, in implementing strategic Australian immigration plans to achieve their organisational goals.