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Employer Sponsored visas

Employer Sponsored Visas

We assist employers from all industry sectors requiring assistance with approval as Standard Business Sponsors, as well as assisting with applications for Temporary and Permanent visas with employer sponsorship. We also provide global immigration services through a global network of suppliers in Ireland, The United Kingdom, The United States of America, Singapore, China, New Zealand and Indonesia.

Standard Business Sponsor

In order to employ overseas nationals in Australia on a Temporary Work (Skilled) visa – subclass 457 visa, it is necessary for businesses to enter a ‘Business Sponsorship’ agreement with the Department of Immigration and Border Protection (DIBP).

This is the first step in a three-step process to employ overseas nationals under the subclass 457 visa. The business must apply to enter into a sponsorship agreement, the business must then nominate a position within the business, and finally the visa applicant must apply for the visa.

The eligibility criteria and sponsorship obligations of the Business Sponsor vary depending on the circumstances of the business. The Registered Migration Agents at Suns Accounting & Migration Services will advise on how your business can meet these requirements and remain compliant throughout the length of the agreement.

Location of the Business

To obtain a Standard Business Sponsorship agreement the business must demonstrate lawful and active operation in Australia. This includes identifying the correct ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.

Overseas businesses may be able to apply for approval as a Business Sponsor if they wish to sponsor someone to establish the business in Australia or fulfil contractual obligations in Australia.

The overseas business needs to evidence lawful and active operation in their country together with documents to demonstrate the reason they seek to sponsor employees from overseas

Training Benchmarks

In order for the business to be approved, they must have met the requisite standard regarding the training of Australian workers. This is the most complex aspect of the application process, and approaching it correctly is essential, and potentially has the ability to reduce costs to the business.

Businesses trading in Australia for more than 12 months are required to demonstrate that they have met one of two training benchmarks:

  • Training benchmark A: recent expenditure to the equivalent of at least 2% of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business.
  • Training benchmark B: recent expenditure to the equivalent of at least 1% of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

Notes: Businesses which have been trading for less than 12 months in Australia are required to provide an auditable training plan which lays out a plan for how they intend to meet the training benchmarks once they become an approved sponsor.

Overseas businesses not yet trading in Australia are not required to meet the training benchmarks.

Approval Period

For an established business that has been trading under their current ABN for over 12 months, once approval is given, the sponsorship is valid for a period of 5 years.

For a start-up business that could not demonstrate 12 months of trading, the approval period would be 18 months, at which point they can apply for another Standard Business Sponsorship as an established business

Notes: Some existing SBS agreements were approved identifying a ‘nomination ceiling’. This was a cap that DIBP placed on the number of employees that could be sponsored under the agreement. The department is no longer applying a nomination ceiling, but businesses must be mindful of this limitation on their current agreements.

Businesses who are regular users of the 457 visa program, who have a record of ongoing compliance to the Migration Regulations can apply for Accredited Status. Benefits of Accredited Status include; priority processing of all 457 nomination and 457 visa applications, uncapped number of sponsorship places within a sponsorship approval timeframe, and a 6 year validity period instead of the normal 5 years. The Migration Agents at TSS Immigration have lodged several applications for Accredited Status, and recommend this to employers who meet the eligibility criteria.

Sponsorship obligations

Approved Business Sponsors must adhere to Sponsorship Obligations. These include co-operating with the Department of Immigration and Border Protection (DIBP), maintaining records, ensuring that the training requirement is met throughout the period that they employee subclass 457 visa holders under the SBS agreement, notifying of certain events such as the cessation of employment by a subclass 457 visa holder, and remunerating sponsored visa holders at ‘market rates’.

Renewals

In order to renew the sponsorship agreement, the business is required to show that they have complied with all relevant conditions of the previous agreement, including demonstrating that they have met the training requirement for all periods of the agreement during which they employed the 457 visa holder.

The Migration Agents at Suns Accounting & Migration Services will assess your business’ eligibility to meet the legislative criteria in order to be approved as a Business Sponsor. We will work with your business throughout the application process and ensure that the process is completed efficiently.

 

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雇主担保签证

雇主担保签证

我们会帮助来自不同行业的雇主获得标准雇主担保资格的许可,同时也协助申请临时及永久雇主担保签证。我们还通过在爱尔兰,英国,美国,新加坡,中国,新西兰和印度尼西亚的雇主组成的全球网络提供全球化的移民服务。

标准雇主担保资格

如果您想要雇佣持临时工作签证(457签证)的澳洲海外侨胞,您需要与澳大利亚移民与边境保护局进行雇主担保的合同签订。这是雇佣海外侨胞三步中的第一步。企业必须申请获得雇主担保的资格,并提供在企业中提供相关职位,最后申请人必须提交签证申请。

雇主担保的资格标准和担保责任取决于该企业的具体情况。我们通过注册的移民代理,为您的企业能满足资格标准,保持长期提供有效的信息和建议。

企业定位

为了获得标准雇主担保资格,企业必须符合澳大利亚的法律标准要求。包括申请正确的ABN,注册公司名称,提供公司商业活动报表及财务报表等。并承诺有符合澳大利亚规定要求的工作场所,并有在法律规定的情况下培训澳洲员工的保证。
境外的企业也可申请成为担保雇主,前提是有意愿在澳大利亚开办企业,并满足当地法律法规。此外,境外企业需要提供在境外合法经营的相关证明,以及需要说明为何要招聘海外人员。

培训标准:

为了使企业获得批准,必须满足有关澳大利亚工人培训所需的标准。这是在申请中比较复杂且重要的部分,可以帮助公司降低成本。
在澳大利亚经营12个月以上的企业,需要证明其符合两条培训标准中的任何一条。
培训标准A:近期有相当于员工工资2%的费用被用于员工培训(培训内容要与其行业相关)。
培训标准B:近期有相当于员工工资1%的费用被用于澳大利亚公民及澳大利亚永久居民的员工培训
注意:如果企业在澳大利亚的经营时间未满12个月,需要提供被审核过的培训方案,并显示出其一旦获得雇主担保资格就会竭力达到培训标准的意愿。
还未在澳大利亚营业的企业不需满足以上培训标准。

审批期限

对于企业目前的ABN超过12个月,在审核通过后,有效期为5年;
对于开始营业未满12个月的企业,审核时间为18个月,与此同时,可以申请另一种标准雇主担保资格;
注意:一些现存的被认可的标准雇主担保资格协议已处于担保上限。这个上限是澳大利亚移民与边境保护局设置的雇主可担保的人数。现在该部门已经不再设置上限,但是企业需要注意当前签署的协议中可担保的人数限制。
如果企业是457签证项目的长期使用者,并且有持续遵守移民规则的记录,则可以申请认证资格。拥有认证资格的优势包括:所有457提名和457签证申请优先处理,对于所申请担保名额不设上限,有效期为6年,而不是通常的5年。
我们将会多次提交认证资格申请,并推荐给符合标准的雇主。

雇主责任和义务

已获批的雇主需要遵循应尽的责任与义务,包括与澳大利亚移民与边境保护局合作,维持良好记录,确保在符合培训要求的情况下,使457签证持有者在规定时间内完成培训计划,以及相关信息的透明化,比如告知457签证持有者何时停止雇佣,并按照市场利率给予报酬等。

相关更新

如果需要更新雇主担保合约,企业需要证明之前的合约完全符合相关的规章制度,比如证明企业在对457签证的持有者进行培训期间,符合所有培训要求。
我们的目标是帮助您评估业务资格,满足法律标准,以获得雇主担保资格。我们的能力就是您的保障,我们将以高效、贴心的工作态度,帮助您完成整个申请过程。

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