An Employer's first responsibility is to recruit skilled workers from the local labour market as well as to train local workers to be able to perform the required duties.  Where the local market has been tested and the required skills cannot be sourced, one option available is to recruit from overseas. 

Migration assistance from the Outreach Officer

Business SA hosts a senior officer from the Department of Immigration and Citizenship (DIAC), who is able to provide advice on employer sponsored migration and settlement assistance. Should you wish to discuss any issues related to migration to Australia or settlement in South Australia, you can contact the SA Industry Outreach Officer at migration@business-sa.com .

Visa options available to Employers

The Department of Immigration and Citizenship (DIAC) has either temporary or permanent visas available to assist employers to sponsor overseas trained skilled workers into their organisations. 

Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) 

Temporary visas enable an employer to sponsor a skilled worker into Australia in a relatively short time frame in response to work pressures. This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis.

The Business Long Stay s/c 457 visa allows the entry of overseas trained skilled entrants to work for a period of between one day and four years.

Employers need to be approved as a sponsoring body, nominate the position/s to be filled and overseas worker/s. The employee then applies for the visa.

For more information about how this visa operates please click here.  

Employer obligations under the 457 visa program

It is important for employers and their sponsored employees to be fully aware of the obligations associated with sponsoring overseas workers under this visa class.

From 14 September 2009, all sponsors of 457 visa holders are required to adhere to a new series of Sponsorship Obligations, including the obligation to ensure equivalent terms and conditions of employment. This means that employers have to pay market salary rates to overseas workers. For current Subclass 457 visa holders, transitional arrangements apply.

Should both the employer and the employee seek to pursue a permanent visa at a later stage, this temporary visa does provide a pathway for that to occur.

As the permanent employer sponsored visa (see below) does not allow for a probationary period to be included in employment contracts, many employers use the temporary visa to complete any probationary period before considering sponsorship under the permanent visa.

Permanent visas

For employers to sponsor skilled workers in particular occupations required in Australia, there are two specific visa available.

Employer Nomination Scheme (subclass 121/856)

The Employer Nomination Scheme (ENS) enables employers to sponsor highly skilled workers to fill skilled vacancies in their business. Skilled workers can be recruited either from overseas, or from people temporarily in Australia. Employers must be lawfully operating in Australia, and the position must provide full time employment in Australia for at least three years and meet the Minimum Salary Level.

For more information about this visa, click here.  

Regional Sponsored Migration Scheme (subclass 119/857)

The Regional Sponsored Migration Scheme (RSMS) enables employers in regional and low population growth areas of Australia to sponsor highly skilled workers either from overseas, or from people temporarily in Australia to fill skilled vacancies in their business. Employers must be lawfully operating in Australia, and the position must provide full time employment in Australia for two years. Conditions of employment and wages must comply with Australian legislation and awards.

For more information on this visa, click here.  

Working Holiday Maker Visa (subclass 417)

Australia participates in working holiday visa arrangements with a number of countries which enables people aged between 18 to 30 years to access a working holiday of up to 12 months in Australia. The working holiday visa allows each visa holder to work for an employer for up to 6 months.

Should an employer wish to secure the services of a working holiday maker for a longer period than 6 months, they can consider sponsorship under either a temporary work visa or a permanent work visa. For more information about the working holiday visa, click here.