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    Migration Law E-mail this article to a friend Print Download PDF version of this article
    Overseas Recruitment and Your Business

    Recent media reports have questioned the relative ease with which Australian employers can recruit skilled workers from overseas. Fea
    rs have been expressed that Australian employers may underpay and exploit vulnerable workers recruited from overseas, while undercutting the pay and conditions of local Australian workers. Much of the attention has focused on one particular visa subclass, the “457 Visa”.

    The Truth

    The truth, as always, is different. The Commonwealth Government has responded to repeated business calls to make the migration of skilled employees to Australia more streamlined to cope with a very real shortage of skills in many businesses across many industries, especially in rural areas.

    The Steps

    The 457 Visa presents an important and worthwhile opportunity if your business must fill a skilled vacancy urgently on a temporary basis.
    Your business would need to take the following steps:

    • Step One – apply to the Department of Immigration for approval as a Standard Business Sponsor, by establishing credentials as a good corporate citizen committed to training Australian employees,and by showing that Australia will benefit from the temporary use of overseas skills. The approval as a Sponsor, if granted, lasts for two years.
    • Step Two – nominate the position(s) to be filled, setting out the skills required to perform the position. This can be for any number of positions which your business anticipates it may need during the currency of its two year approval as a Sponsor.
    • Step Three – the worker, which includes his/her family, applies for a visa in respect of the nominated position. A formal skills assessment is not usually required. The worker must be in good health and be of good character. This process may take only a few weeks, if the Department of Immigration has no queries. A visa can be granted for a period of up to four years.

    Sponsor Obligations

    Standard Business Sponsors are required to give a number of undertakings to the Department. Some of the more important ones include:

    • Compliance with the conditions of the visa, and immigration law generally;
    • Compliance with any industrial law obligations, for example, an award;
    • Payment of the worker’s travel and medical costs;
    • Reimbursement to the Department of any costs it incurs if the worker overstays their visa.

     

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