A Step-By-Step Guide For Sponsoring Skilled Workers For Your Business

Are you a local business owner in Australia looking to sponsor one of your overseas workers? Our immigration specialists broke down the complex process for you into a step-by-step guide on how to apply for a sponsored skilled work visa.

STEP 1 - Hire locally before Sponsoring an overseas worker

Business owners are encouraged to hire locals first instead of looking for skilled workers, as recruiting locals is straightforward comparing having to sponsor an overseas worker. 

However, if you cannot find a local to fill in the spot and you have decided to sponsor a skilled resident worker. Then you are able to meet one of the qualifications to be a sponsor, which is to prove that you have exhausted all efforts to find suitable workers that meet your job description.

STEP 2 - Check the skilled occupations list

For a skilled worker to be eligible under the Skilled Migration Program, the occupations that you require must be included in the Skilled Occupation List. Keep in mind that nominated occupations are eligible for selected work visa subclasses.

STEP 3 - Choose a suitable work visa 

There are a number of work visa options that are available for skilled sponsored workers. These visa subclasses have different processing times and requirements. Hence, to ensure meeting visa requirements and eligibility criteria, it is important for both you and the skilled worker you intend to hire to carefully select a suitable work visa. If you are unsure, contact us at Agape Henry Crux to help you decide on a visa pathway.

STEP 4 - labour market testing (LMT)

Labour Market Testing (LMT) is for employers to ‘test’ the labour market and prove that they are unable to fill the nominated skilled occupation (step 6). The process involves advertising the nominated position in Australia and the advertisement must run for at least 4 weeks.

STEP 5 - Apply to be a sponsor 

While waiting for the LMT (step 4) to meet its required time, you may apply to be a sponsor while waiting. There are three types of sponsor applications, depending on which work visa the visa applicant is eligible for. Make sure to learn about the obligations of a Temporary Activities Sponsor (TAS) or a Standard Business Sponsor (SBS). If the obligations are difficult to comprehend, book a time to speak with us so we can explain them to you.

STEP 6 - Nominate the Skilled Occupation

Once you are qualified as a sponsor, you may now request to nominate a skilled occupation. Make sure to meet the associated salary and employment requirements, as well as the required LMT mentioned in step 4. Otherwise, the nomination application may be deemed unsuccessful.

STEP 7 - lodge the visa application

To ensure that the whole process runs smoothly, make sure the nominated skilled visa applicant meets the eligibility criteria of the chosen sponsored work visa before starting the process (step 1). This is highly recommended because the exact requirements, processes and costs depend on the applicant’s occupation and the type of visa.  

How Can Agape Henry Crux Help  

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.  

We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.