An increasingly globalised workforce means it is common for individuals to live in one country and work for an employer with headquarters in another. If someone is working in Australia for an international company, no matter who they are working for and what work they are doing, visa requirements still apply. For overseas based companies seeking to employ people to work remotely in Australia, there are visa pathways for workers in Australia:
International employees and remote work in Australia
There are various visa pathways for individuals who work in Australia for an international business, but do not have Australia citizenship or permanent residency:
- The first option to consider is short term visa options such as a working holiday visa or a visitor visa. This visa is suitable for a traveller who wants to spend a short amount of time (six months to twelve months) working in Australia. Alternatively, for a holiday-maker who is primarily visiting for holidays and working remotely, a Visitor visa may be sufficient. This would apply in circumstances such as an extended visit to see family.
- For a staff member to travel to Australia to conduct business activities on behalf of an overseas employer, they may need to apply for a Business Activity Visa. This is more relevant to a trip which involves:
- Making general business or employment enquiries
- Attending business meetings
- Negotiating contracts
- Participating in a conference or trade fair.
A Business Visitor Visa is valid for a stay of up to 3 months and can be processed relatively quickly after an application is submitted.
- Where a staff member needs to travel to Australia for short-term, highly specialised, non-ongoing work or activity at the invitation of an Australian organisation, a Temporary Work (Short Stay Activity) Visa would be considered. This is a work visa, and allows a stay period of three months up to six months with a business case.
- From there, if an employee is travelling to Australia and needs to work for a longer period, an employment visa may be required. These visas require the sponsorship of an employer. There are a number of ways an employer can secure an employment visa for a staff member:
- If the employer has a business presence in Australia, it may look to sponsor the employee or bring them on board under a subclass 482 Skills in Demand visa. The employer would need to be set up as a Standard Business Sponsor
- If the employer is based overseas, it will need to apply for Overseas Business Sponsorship and sponsor its employees on a subclass 482 SID visa. OR
- The company may engage a 3rd party to act as the sponsor and employer of record of its employee’s work visas, under what’s known as an ‘on hire’ sponsorship arrangement.
The use of on-hire sponsorship to enable remote work arrangements
If your organisation is based overseas and does not have a legal entity in Australia but needs to introduce a local workforce to operate either remotely or at a specific location, you firstly have the (expensive and slow) option of setting up a local entity. The faster and more cost-effective alternative is to connect with a local provider who can sponsor workers on your behalf using what’s known as an on-hire labour agreement.
This agreement allows employers to sponsor skilled overseas workers on a temporary basis with the local on-hire sponsorship provider acting as the direct employer.
The Migration Agency (TMA) holds an approved On-Hire Labour Agreement with the Department of Home Affairs, which allows us to sponsor overseas workers on our client’s behalf using the subclass 482 SID visa. This solution empowers overseas-based companies to deploy staff to Australia quickly and seamlessly without the need to establish business operations or recruit local staff to fill roles.
Speak with TMA about your options for building an Australian-based team working remotely to support your international business today. Book a consultation here.
