What are the visa options to hire foreign talent as an employer?

The first requirement is for a business to apply for and obtain approval to be a Standard Business Sponsor (SBS), which requires the business to:

• have a legally established and currently operating business; and
• not have any adverse information regarded against it.

The business then assumes a number of sponsorship obligations, including assuming certain costs, ensuring your employee only works in their nominated occupations, and is subjected to equivalent terms and conditions of employment as your Australian workers. You will only need to apply for the SBS once every 5 years.

The second component is the nomination application, where the business nominates a position within the organisation. Generally, the position must:

• be a genuine, full-time position;
• have a salary in line with market rates;
• be subject to Labour Market Testing (see here); and
• be on the relevant occupation lists (see here).

If the position is on the Short-Term Skilled Occupation List (STSOL), the candidate may be eligible for an up to 2-year visa. The applicant will also need to demonstrate that they are a “genuine temporary entrant”.

If the position is on the Medium to Long Term Strategic Skills List (MLTSSL), the candidate may be eligible for an up to 4-year visa.

 The third component is the visa application, where the applicant demonstrates they meet the requirements for a TSS visa. The main applicant must:

• have relevant skills and qualifications that match the role;
• have at least 2 years of experience in a related position;
• have a genuine intention to work in the nominated position;
• meet mandatory licensing, registration, or professional membership requirements;
• have adequate arrangements for health insurance; and
• satisfy health, character, and English requirements.

 For the nomination component, the following criteria must be met:

• if TRT stream, have worked for at least 3 out of the previous 4 years (before the nomination is made) in the nominated position whilst holding a TSS / 457 visa as the primary visa holder;
• the business must be actively and lawfully operating in Australia;
• there must be a genuine need for the visa applicant in the nominated position under its direct control;
• the business must have the capacity to employ the individual in that position for 2 years;
• the position must be full time and available for at least 2 years from the time the visa is granted;
• the position must be an occupation included on the current MLTSSL (unless transitional provisions apply);
• the position must have a salary that is at least (a) $73,150 per annum and (b) at least the annual market salary rate for the nominated occupation; and
• the position must be subject to conditions of employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.

 Generally, this stream requires an applicant to:

1. be under the age of 45 at the time of application (unless exempt);
2. have the required skills and qualifications for the position;
3. demonstrate a “competent” level of English (unless exempt);
4. hold (or be eligible to become the holder of) the relevant license/registration/membership required to perform the tasks of the nominated occupation; and
5. meet health and character requirements.

Generally, this stream requires an applicant to:

1. be under the age of 45 at the time of application (there are no exemptions);
2. have the required skills and qualifications for the position;
3. demonstrate a “competent” level of English (unless exempt);
4. hold (or be eligible to become the holder of) the relevant license/registration/membership required to perform the tasks of the nominated occupation;
5. have their skills assessed as suitable for the occupation by the relevant skills assessing authority; and
6. have at least 3 years of full time (38 hours per week) post-qualification work experience in the nominated occupation (DE stream); and
7. meet health and character requirements.

 As an employer, you must:

• you must also be able to demonstrate that you cannot fill the position through existing skilled visa programs;
• demonstrate that access to the program will support job opportunities and skills transfer for Australians;
• submit evidence of labour market testing that the specified positions cannot be filled by Australians; and
• have a good track record with relevant regulatory agencies, including compliance with immigration and workplace laws.

The applicant must:

• meet health, character and security requirements;
• not have any familial relationship with directors/shareholders;
• have relevant qualifications that are commensurate with the highly skilled role;
• at least 3 years of relevant work experience; and
• have capacity to pass on skills/develop Australians.

 To be eligible for this stream, an employer must:

• be a publicly listed company or have an annual turnover for at least AUD 4 million for each of the past 2 years;
• be endorsed as a TSS Accredited Sponsor.

In addition, the visa applicant must:

• be paid annual earnings equivalent to the Fair Work High Income Threshold, being AUD 175,000 at the time of writing;
• meet health, character and security requirements;
• have no familial relationship with directors or shareholders;
• have qualifications commensurate with the highly skilled role;
• have at least 3 years work experience directly relevant to the position;
• have capacity to pass on skills or develop Australians.

 To be eligible for this stream, an employer must:

• operate in a technology based or STEM-related field;
• be a viable and genuine startup and be endorsed by the independent GTES startup advisory panel;
• have received either investment of at least AUD50,000 from a registered Early Stage Venture Capital Limited Partnership fund, or an Accelerating Commercialisation Grant.

In addition, the visa applicant must:

• be paid a minimum annual earnings at the market salary rate, though not less than AUD 80,000 (this can include equity but the cash component must be more than AUD 73,150);
• meet health, character and security requirements;
• have no familial relationship with directors or shareholders;
• have qualifications commensurate with the highly skilled role;
• have at least 3 years work experience directly relevant to the position;
• have capacity to pass on skills or develop Australians.

The first step is applying for and obtaining approval to be a Temporary Activity Sponsor (TAS), which requires the business to:

• have a legally established and currently operating business in Australia;
• not have any adverse information regarded against it; and
• provide evidence that it has financial capacity to meet its sponsorship obligations.

The business undertakes a number of sponsorship obligations, including to assume certain costs and ensuring that the visa holder only works or participates in the nominated occupation, program or activity. You will only need to apply for the TAS once every 5 years. 

The second component is the nomination application, where the business provides details about the applicant, the purpose or type of training, and how and where the training will be provided. The business will have to prepare a detailed training programme to support the application. There are 3 streams:

• Occupational training required for registration
• Occupational training to improve skills in an eligible occupation
• Occupational training for capacity building overseas

Occupational training required for registration

This is applicable where workplace-based training is required to get occupational registration, membership, or licensing. The registration, membership, or licensing is mandatory to work in that occupation in Australia or the applicant’s home country.

Occupational training to improve skills in an eligible occupation

Workplace-based structured training programs that:

• is specifically tailored and timed to the training needs of the nominated person;
• is in relation to an occupation specified on the list of eligible skilled occupations;
• involves an applicant who has at least 12 months of full-time experience in the occupation within the last 24 months.

Occupational training for capacity building overseas

This is further split into 3 different categories:

1. Overseas qualification, which is structured workplace-based training in Australia for up to 6 months for students who:
   • are currently enrolled in a foreign educational institution
   • must complete a period of practical training, research or observation to get their qualification and
   • where the training must be specifically tailored to the training needs of the nominated person.

2. Government support, which is structured workplace-based occupational training which has:
   • the support of a government agency in Australia or
   • the government in the home country of the nominated trainee and
   • where the training is specifically tailored and timed to the training needs of the nominated person.

3. Professional development, where programs are delivered in face-to-face teaching in a classroom or similar environment in Australia.
   • This is for overseas employers to send their managerial or professional employees.

 The third component is the visa application, where the applicant demonstrates they meet the requirements for a 407 visa. The main applicant must:

• be at least 18 years of age;
• demonstrate financial capacity to support themselves (and their dependents, if any) for the duration of stay in Australia;
• be a genuine temporary entrant;
• have adequate arrangements for health insurance; and
• satisfy health, character, and English requirements.

The first step is applying for and obtaining approval to be a Standard Business Sponsor (SBS), which requires the business to:

• have a legally established and currently operating business; and
• have not any adverse information regarded against it.

The business undertakes a number of sponsorship obligations, including assuming certain costs, ensuring your employee only works in the nominated occupations and is subjected to equivalent terms and conditions of employment to your Australian workers. You will only need to apply for the SBS once every 5 years.

 The second component is the nomination application, where the business nominates a position within the organisation. Generally, the position must:

• be a genuine, full-time position that is available for at least 5 years;
• be in a designated regional area;
• approved by an appropriate certification board;
• have a salary in line with market rates;
• be subject to Labour Market Testing (see here); and
• be on the relevant occupation list.

 The third component is the visa application, where the applicant demonstrates they meet the requirements for a SESR visa. The main applicant must:

• have relevant skills and qualifications that match the role;
• have at least 3 years of experience in a related position in the last 5 years;
• be under the age of 45 at time of application (unless exempt);
• have a positive skills assessment (unless exempt);
• satisfy health, character, and English requirements; and
• hold a substantive visa (or a Bridging visa A, B or C) if applying in Australia.