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I can’t speak highly enough about the quality of service from Sarah and her team, in particular during the recent changes to 457 visa.
Business growth and compliance with an Australian immigration specialist
The value of approaching immigration as an innovative way to support business growth is underestimated by most businesses. With our commercial experience and understanding of what business needs, The Migration Agency helps navigate the often tricky Standard Business Sponsorship and Labour Agreement application process. We’re also there to support compliance with meeting sponsorship obligations.
The requirements around Standard Business Sponsorship can seem anything but standard to employers focused on business growth and sourcing skilled resources.
Having worked with numerous corporate organisations, as well as SMEs, we know the best outcomes are achieved by working with an experienced and knowledgeable Australian immigration specialist who acts as the extension of your team. Following our step-by-step process, and devising a tailored solution specifically for you, The Migration Agency helps remove the guesswork about eligibility and build confidence in a successful outcome.
The process of sponsoring an employee under the TSS visa program is characterised by three distinct stages:
Step 1 - Sponsorship
Employer applies for approval as a standard business sponsor as a requirement for sponsoring foreign nationals on a subclass 482 Temporary Skills Shortage (TSS) visa.
Step 2 - Nomination
Employer nominates a position within the business to be filled by a prospective or existing subclass 482 TSS visa employee.
Step 3 - TSS Visa Application
Person nominated to work in the nominated position applies for the subclass 482 TSS visa. This is final step to obtaining a subclass 482 TSS visa.
Once you are an approved sponsor, you business can sponsor any number of foreign nationals to work in skilled positions in the business, provided you can demonstrate an Australian worker was not readily available to fill the position. Having sponsorship approval in place means your business can confidently recruit and offer employment to the most qualified person locally or internationally. For some businesses, having sponsorship status is the difference between filling a position or having extended vacancies. It gives companies - small and large - a competitive advantage in sourcing global talent.
As with all Australian immigration visas, Standard Business Sponsorship has conditions. Find out what you can and can’t do under Standard Business Sponsorship by working with an Australian immigration specialist.
Grow your business with On-Hire and Labour Agreements
With a Labour Agreement in place, Australian businesses can sponsor and engage overseas workers in response to a legitimate skills or labour shortage which cannot be satisfied by the standard TSS program.
A Labour Agreement is a bespoke sponsorship arrangement between an employer and the Australian Department of Home Affairs. It is generally in place for five years. Only accessible in limited or exceptional circumstances, arrangements under each Labour Agreement are intended to assist employers to address immediate skills needs where a business can demonstrate a strong business case for needing to access those skills.
With several different types of labour agreements available, and with each requiring adherence to strict requirements, and a detailed application process, it can be challenging for a business to know if their particular circumstances qualify under relevant law.
A TMA immigration specialist can help support your vision for business growth by:
Identifying your eligibility to apply for a Labour Agreement We will take time to understand your specific circumstances and advise whether your business is eligible for a Labour Agreement under Australian immigration law.
Assisting with negotiations on your Labour Agreement or On-Hire Labour Agreement Laws surrounding Labour Agreement are complex and can be confusing for business. We assist business owners with negotiations, supporting them with clear advice and a step-by-step process.
Managing compliance with the Labour Agreement or On-Hire Labour Agreement A Labour Agreement goes well beyond negotiations with government and approval. Once your application is approved by the Department of Home Affairs, your business must meet strict compliance requirements, including commitments to the employment, education and training of Australians. It also involves preparation of compliance and monitoring reports with the Department of Home Affairs after the Labour Agreement is approved. Detailed knowledge of contract law is required for a migration agent administering a Labour Agreement immigration program (and not many migration agents have contract law experience). Additionally, specialist knowledge of Labour Agreements is required to process visa applications under the agreement. With timely support and tailored advice from The Migration Agency, you can feel confident your audit and compliance obligations as a Labour Agreement sponsor will be met.
Negotiate unique sponsorship arrangements with the Department of Home Affairs Working with an experienced migration agency with knowledge of contract negotiation and immigration law can help negotiate a unique sponsorship arrangement with the Department of Home Affairs more effectively. The Migration Agency helps employers optimise their immigration program and access little known benefits outside of the standard TSS visa framework (formerly 457 visa), which are usually only accessible to large corporates.
Our approach to Labour Agreements and On-Hire Labour Agreements helps businesses prepare a correctly evidenced, assessment-ready business cases and submissions. Looking for assistance with Labour Agreement negotiations that support business growth and compliance?
Accreditation provides employers with substantial benefits when sponsoring global talent on work visas. The Migration Agency can help you to determine if you are eligible to apply for accredited status to optimise your immigration program and unlock benefits for your business.
Accreditation is available for sponsors categorised as “Low risk”, who may be low volume or active users of the TSS program, and who have a high percentage of Australian workers in their workforce.
To qualify for accredited status, a sponsor must still meet all the requirements for standard business sponsorship and demonstrate they meet the additional accredited sponsor characteristics.
The benefits associated with accreditation include:
Sponsorship is valid for six years
Faster processing of all nomination and visa applications
Streamlined application requirements for certain low-risk nominations.
The rapid pace of change and the complexities associated with immigration make compliance an area where many businesses struggle. For many, obligations associated with Standard Business Sponsorship, Accredited Sponsorship or as a party to a Labour Agreement with the Australian Government can seem onerous. The management of sponsor compliance and reporting changes of circumstances to the Department of Home Affairs is also a factor.
In addition, many employers are not aware of their obligations to ensure that all employees hold the necessary permission to work in Australia. Immigration laws apply to ALL employers regardless of whether they sponsor visa holders or not - particularly if you employ international students, working holiday makers, bridging visa holders and other non-Australian workers.
Significant penalties and fines can apply to companies, directors and managers if immigration laws are not complied with.
With a focus on bringing clarity and a clear actionable process to all aspects of immigration law compliance, The Migration Agency works with businesses, including corporates and SMEs to :
Assist with immigration audits and sponsor monitoring activities by the Department of Home Affairs
Perform corporate health checks
Undertake VEVO checks to confirm work entitlements
Help identify processes and implement systems that strengthen an organisation’s capacity to meet its obligations
Deliver training to internal human resources teams responsible for recruitment and mobility management.
More than simply an exercise in box ticking, our commercial and intelligent approach to immigration audit and compliance, provides assurance risks will be identified before they arise and can avoid liability for the company and its directors and managers.
Employees travelling to Australia or New Zealand for business purposes require a visa that is appropriate for the intended activities. The options range from the Business Electronic Travel Authority or short stay business visas intended for short business visits of up to three months. These business visitor visas permit very limited activities such as attending meetings or conferences, or signing contracts.
If an employee is undertaking "work" activities then a work visa may be required, such as the TSS visa (formerly 457 visa) in Australia or a Specific Purpose of Event visa in New Zealand