AUSTRALIA WHO CAN SPONSOR 457 VISA HOLDERS IN THE COUNTRY READ COMPLETE GUIDELINES To become a sponsor, you must be able to show that your business: is a lawfully operating business meets training requirements (Australian businesses only) agrees to the number of subclass 457 workers to be nominated have no relevant adverse information against your business. Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices. There are two ways you can become an approved sponsor: Option 1: Apply to be a standard business sponsor Option 2: Negotiate a labour agreement. Option 1: Apply to be a standard business sponsor The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the subclass 457 visa program. You must lodge an application to become a standard business sponsor. You can have only one standard business sponsorship approved at any given time (that is, one sponsorship approval per Australian Business Number if your business is in Australia) which is usually valid for three years. You can apply to extend your sponsorship at any time during this three-year period by lodging a variation application. The requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia. Business in Australia You must attest that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you have a strong record of, or demonstrated commitment to non-discriminatory work practices. Make the attestation and the declaration about your workplace record in your sponsorship application form. You must also meet training requirements. This means you must either: meet the training benchmarks if you have traded in Australia for 12 months or more have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months. Business outside Australia You must be seeking to employ a skilled worker to either: establish, or help establish, a business operation in Australia fulfil obligations for a contract in Australia. If your business does not yet have an operating base in Australia, you are not required to satisfy the training requirement. Option 2: Negotiate a labour agreement A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. You might be able to enter into a labour agreement if you are in one of the following situations: the occupation of the workers you want to employ is not listed on the Skilled Occupation Lists (Formerly Known as Form 1121i) or the Australian and New Zealand Standard Classification of Occupations (ANZSCO) you are a recruitment company seeking to sponsor skilled workers to be on-hired to another businesses, and the occupations requested are on the Consolidated Occupations List (CSOL) standard immigration options are not suitable. You must be able to provide evidence that: there is a genuine and systemic shortage of skilled workers there are no suitably qualified Australian workers available you have a commitment to training Australians. A labour agreement comes into effect when it has been signed by all parties involved in the negotiations. A labour agreement is typically valid for three years. How to propose a labour agreement You need, among other things, to: identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers (you need to show you have tried to recruit in Australia) specify the number of skilled workers needed from outside Australia specify the skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered provided they are specialised and in demand include copies of correspondence showing that relevant stakeholders have been consulted. You might be able to use a template labour agreement if there is one for your industry or your worker’s occupation. A template labour agreement is a set of standard parameters for similar employers: it does not guarantee an agreement will be approved. If the template does not suit your needs, you might be able to negotiate an individual agreement. Labour agreements include a requirement to provide training to Australian employees. When you have a labour agreement in place, you are an approved sponsor for the term of operation of the agreement. You can then nominate skilled workers from outside Australia under the terms of the labour agreement. You will also need to meet your sponsorship obligations and any other terms and conditions specified in the agreement. If you breach the terms and conditions of your agreement, we could suspend or terminate it.
Posted on: Thu, 04 Dec 2014 03:55:08 +0000
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