When an employer or a nominator wants to sponsor a foreign worker from overseas, they need to lodge a nomination application first to the Department before the nominee can apply for their visa. The nomination process involves all the employer sponsored visas categories: TSS 482, SESR 494 or ENS 186. This means all these visa subclasses need a nomination.
A standard nomination for an employer sponsored visa mainly covers the following process. Nominators need to take following points in mind before they start the nomination.
The business must be lawfully operating in Australia
This means the nominating employer must be registered with the Australian government under Australian Securities and Investment Commission (ASIC) with an Australian Business Number (ABN) or Australian Company Number (ACN). In addition, the business is lawfully established and operating and actively engaged in business activities in Australia.
The business should have a good business record without any adverse information about anyone associated with the business. If the business has a sanction or bar by the Department, their nomination may not be approved. See more about the Monitoring of Sponsors and Visa Holders page.
What position you wish to nominate?
The nominated position must be one listed on the Skilled Occupations List (SOL) by the Australian Immigration Department, unless the nominator has a labour agreement with the Government. All of these occupations are Level 1-4 positions as labelled by ANZSCO↗. Usually each occupation is prefixed with a number 1, 2,3 or 4 .
Level 1 occupations refer to the high level management positions such as Chief Executive or Managing Director (ANZSCO 111111).
Level 2 occupations refer to professional positions such as Accountant (ANZSCO 221111);
Level 3 occupations refer to trade professions such as a welder (ANZSCO 323213).
Have an Employment Contract
At the time of nomination, nominator must have an employment contract ready for the nominee, which clearly stipulates the terms and conditions for the nominee. It also makes clear how long the employment terms should be.
Nomination for TSS visa subclass 482 can be from one year to 4 years subject to the mutual agreement between the nominator and the nominee.
Nomination for subclass 494 must be at least 3 years term or maximum 4 year, because the nominee has to work for 3 years before they can apply for PR visa.
Nomination for subclass 186 must be at least 2 years term, as this is the minimum requirement for the nominee to work for the nominating employer.
Terms and Conditions must be the same as Local Workers
When a nomination is made by the employer, the salary or remuneration package in the employment contract for the nominee must be the same as the terms and condition as local Australian PR or citizens working the same workplace or in the similar industries. The foreign workers’ rights must be guaranteed and won’t be disadvantaged, compared with that for local workers.
Nominators need to take special care to take reference of the salary rates for local workers and iin the same industry and position.
Pay the Skilling Australian Fund (SAF) Levy
At the time of nominating a position, employers are required to the Skilling Australian Fund (SAF) levy as part of the nomination process. The levy is mandatory and is only required for TSS 482 and ENS 186 visas.
Employers need to demonstrate that they genuinely need this position. To prove that the position is genuine, there are quite a number of ways to do so by the nominator including, but not limited to the following:
The nominator needs to provide the actual tasks that the nominee performs in the nominated positions are consistent with the tasks of the nominated occupation as listed in the ANZSCO;
An explanatory statement and /or evidence that shows the position has not been created for the purpose of facilitating the entry to, or stay in, Australia for the nominee;
An updated organization chart with all the details of the current employees;
Agreements and contracts secured by the business in the past 6 months;
Lease agreement for your business operation or ownership of the business premises;
Most recent financial documents, including financial report, most recent financial year tax return, most recent BAS from ATO portal, PAYG summary, salary and wages for the last 24 months. Or any other evidence that the business is in operation;
ASIC current and historical company extract showing the company details of shareholders and principal officers;
Whether the business has the financial capability to sponsor a full time position for the nominated terms;
Whether there is any personal and/or family relationship between the nominee and the any owners/directors/other persons connected with the business;
Nomination must be supported with Labour Marketing Test (LMT)
When a sponsor or an employer wishes to nominate a foreign person to work for them, the sponsor must demonstrate that they can’t find a suitable Australian worker locally and they need to test the local labour market. So advertising is the best way to test the market.
According to the Department’s published information, LMT has its specific requirements. For more detailed requirements, please visit our Labour Marketing Testpage in our website.
For more information about the nomination process, you are most welcome to consult with Korrylink.
Are you a business owner and sponsor, and looking for skilled workers overseas? Korrylink may help you recruit staff you need to fill the vacancies and help them with their visa process. Click here to find out more.
Korrylink also offers labour hire and staff recruitment services. Overseas labour hire agencies or recruiters are most welcome to contact us for collaboration. Click here to find out how we can do business together.