Sponsoring an Employee

Employer sponsored visas are available for temporary and permanent migration. Sponsoring an employee can take place in one of four key visa programs:

NOTE: Changes to migration regulations and policy has seen a tightening of criteria on application approvals. Applications affected include nomination for 457, 186 or 187 visas that do not adequately demonstrate business case and visa applications that fail to match ANZSCO skill benchmarks.


Recent Tightening of Regulations

Sponsoring an employee for temporary work, such as 457 visa, or permanent, as in ENS 186 visa, has become more difficult recently because of a high number of visa scams.

sponsoring an employee

As a result, the Australian government has introduced tighter checks and balances in the application process. Changes have been incremental, but have been introduced to improve so called ‘integrity of the system’. In short, to prevent rorting of the Australian work visa system.

For employers, this means that due diligence is required on proving the bona fides of job position, role and tasks, and nominated employee.

Failure to do so can, and often does, result in refusal of Standard Business Sponsorship application, nomination or visa application. 

For 457 visa applicants, this means higher risk of application refusal. There is also a heightened risk of flow through compliance obligations that may risk later applications, such as transitioning to permanent residence visas.

There are a number of areas were insufficient details WILL result in a refusal decision. These include, but are not limited to, the following.

  • Training benchmarks. Read about them here.
  • The TSMIT or Temporary Skilled Migration Income Threshold. Read more here.
  • Auditable Training Plans. This is discussed in Training Benchmarks.
  • Genuine Position Test
  • Statement of compliance

Some of these compliance areas feature in the Standard Business Sponsorship application stage. Some feature in the nomination application stage. However, all are very important for 457 visa application stage. Even more importantly, they are essential for ongoing compliance of Standard Business Sponsors.

The key to successful application, is to meet all documentary requirements to the satisfaction of Departmental case officers. If you are unsure of the depth or adequacy of your supporting documentation, feel free to contact us for assistance.

Comments

  1. Sandeep  August 12, 2016

    Hi

    I have applied for 457 nomination in October 2015 and still waiting for decision. They has asked for genuine position details. Does it take so long???? or it could be cancelled???? I am very much tensed…. Please help here….

    Regrds,

    Sandeep.

    reply
    • Paul Sadler  August 12, 2016

      Hi Sandeep,

      Earlier this year a number of significant changes were made to 457 nomination and visa processing rules and requirements. This has had an impact on delaying processing times.

      It should also be remembered that there has been a surge in visa applications across a range of visa categories and this is having an impact on overall service delivery by the Department of Immigration and Border Protection.

      Also, nomination applications for recently approved Standard Business Sponsors will attract more scrutiny by case officers than nomination applications by longer term approved Standard Business Sponsors and Accredited Sponsors.

      You need to be very detailed and specific with the response to genuine position statement request. The emphasis should be on the importance of the nominated role with the overall business objectives/operations. It should also be clearly demonstrated how the business will be adversely impacted by the nominated position not being filled.

      Note that genuine position statements need to address concerns raised in the request for more information letter sent to you by the Department, otherwise the nomination is at risk of refusal.

      Regards

      Paul Sadler

      reply

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