Stage 1: Approval for business to become a sponsor:  Criteria for approval of sponsor [r2.59 to r2.60S]

·        Evidence is required to prove that the business is lawfully operating business and has a good record and regard to Australian laws.

·        Proof that Australian workforce is not neglected and that the position is genuine and is not a created one. Evidenced commitment to train the workforce (SAF LEVY.)

·        Financial documents like tax assessments and business evaluation for its gross and net asset worth.

·        Business plan or its future expansion vision draft, increase in business activity documents/evidence.

Stage 2: Nomination of the applicant

·        Nominations [r2.70 to r2.75A] to fill one of the short skill occupation positions

·        After approval of sponsorship business can nominate a candidate from overseas in his short skill position. In 186 sponsorship obligations are not required to nominate an applicant whereas, for 482/457 visa it is a mandatory requirement.

·        Nominee must hold relevant license/registration if required by their profession.

·        Nominated position must be available for at least two years, and position can be anywhere in Australia.

·        Employment must be full-time or 35 hours/week, Applicant also certifies that he has a genuine intention to fill the position for at least 2 years.

·        Employers must submit a copy of the proposed contract. Also, provides evidence that he can financially support/pay his employee for 2 years at least. Documents must be provided by a chartered accountant, professional/ fellow professional National Accountant to meet the financial capacity requirement criteria.

·        Terms and conditions of work must be attached with the application like, pay, hours of work, rotating roster, or other expectations from the employee.

·        Employer has the obligation to pay according to the annual market salary rate for that position in that region, in Australia. (Fair work act/ Enterprise act) (www.fairwork.gov.au)

·        Labor market testing needs to be done before nomination.

Nomination Categories

·        Temporary residence transition (TRT) stream is a pathway to permanent residency for 482/457 visa subclass holder candidates who are working with the entity that Is nominating them for PR.

·        Direct Entry (DE) Stream allows businesses to employ overseas employees, along with those 482/457 candidates who do not qualify under the temporary residence transition stream.

·        The Labor Agreement Stream provides a pathway to permanent residency for employers who have negotiated a labor agreement with the government which includes access to a permanent visa pathway.

Stage 3: Visa application process

·        The application process includes:

·        Educational documents

·        Skill Assessment positive outcome report not older than 3 years

·        Evidence of meeting English requirement report must not be older than 3 years.

·        Evidence of registration or license requirement

·        Work experience supporting documents, must work in the nominated occupation for the nominating employee.

·        Approved nomination from employer and application must be made within 6 months of nomination approval.

·        Occupation is on the skill occupation list. Age requirement is 45 unless exempted.