Employer Sponsored Visas

A definition of an “overseas business sponsor” has been introduced to reinforce the validity of persons/businesses who may be approved to sponsor on the basis that they wish to “place an overseas worker in Australia to establish a business or fulfil contractual obligations.”

The short term stream is used to source workers in occupations on the Short Term Skilled Occupation List (STSOL) for a maximum of 2 years. However, importantly, if the two-year limitation would be inconsistent with an international trade obligation, then occupations which are on the STSOL are available for up to 4 years.

There has been a reformulation of the basic requirement to provide terms and conditions of employment to the nominated employee which are at least equivalent to those provided to an Australian worker performing the same work at the same location.

Rather than referring to “base salary,” there is now a definition of the “annual market salary rate” which applies to all nominations to simplify and strengthen this requirement. The annual market salary rate must still be over $53,900.

Sponsors must now certify as part of their nomination of an employee that the employment contract complies with all applicable requirements imposed by Commonwealth, State or Territory law relating to employment, including (but not limited to) the National Employment Standards.

Employment Advisors from our independent & affiliated law firm can assist in this regard.

This legislation has not yet fully passed through Parliament in all regards. Therefore, the traditional training benchmarks still apply for the time being. We will provide updates as the legislation progresses.