How to get nomination approved for an employer-sponsored visa?

Are you interested in sponsoring an overseas worker to work for your company? The laws regulating employer-sponsored visas can be complicated and convoluted. But we will try to simplify the process for you.

For employer-sponsored visas, there are usually three steps. The three steps are:

  1. Apply for standard business sponsorship.
  2. Nominate the worker.
  3. Apply for the visa for the worker.

1.      Standard Business Sponsorship

The first stage of the application process requires the business to be approved by the Department of Home Affairs as a sponsoring employer.  Sponsorships are generally valid for a period of five years. When you become a standard business sponsor, you can nominate a worker to work for you. The essential requirement is to show that you have a legally established business, and it is currently in operation. An SBS is required for a TSS 482 visa and optional for the ENS 186 visa.

2.      Nomination

The second stage of the application process is to nominate the applicant to work for you. The applicant’s occupation must be on the occupation lists. This will determine the visa’s length available to the applicant and then government fees to be paid.

During this stage, you are required to show the Department of Home Affairs that the salary being paid to the applicant is at market salary rate and that you have completed the labour marketing testing. Labour market testing shows the Department of Home Affairs that you are unable to find Australian citizens or permanent residents to fill the position; hence you are required to hire a foreign worker.

3.      Visa Application

Now, the applicant is ready to apply for the visa. The applicant must meet all the relevant requirements for the visa. These include:

  • Age
  • Skills
  • Qualification
  • Employment history
  • English language

Below are some of the documents you will need to prepare the applications.

Standard Business Sponsorship
Type of Document Examples Reasons
ABN ABN Lookup To prove that you are an Australian-based employer.
Bank Statements Recent bank statement for the business account To show that the business is actively operating.
Business Financials Financial report

BAS

Accountant letter of support

To show that the business is financially viable to employ an overseas worker.

To show that the business is actively operating.

To show financial growth and success.

Company Operational Documents Lease Documents To show evidence that the business is actively operating.

To show evidence of business ownership.

Contracts between clients or suppliers Invoices

Service Contracts

To show evidence that business is actively operating.

To show a real need to recruit extra staff.

Marketing Materials Website details

Company’s brochures

Products/Service Pricelist

To show that the business is actively operating.

Building a profile for the business.

Nomination  Application
Type of Document Examples Reasons
Evidence of Employment Contract

Position Description

To identify the employee and the employment location.

To show that the position is available.

Labour Market Testing Screenshots of job advertisements To show that you cannot find a suitable Australian citizen or permanent resident to fill the position.
Market Salary Rate Industry remuneration report

Payscale report

Rewards

To prove that the overseas workers are paid no less than an Australian worker would be doing the same work in the same location.
Organizational Chart Organizational Chart To show that the position is genuine.
Visa Application
Type of Document Examples Reasons
Identification Documents Passport

Birth Certificate

Driver Licence

Name Change Certificate

Marriage Certificate

To prove your identity.
Qualification Documents Academic Certificate

Academic Transcript

Completion Letter

To show that you have the relevant skills and educational background to undertake the nominated occupation.
Work Experience Employment reference letter

Resume/CV

To show that you have the relevant skills and employment background to undertake the nominated occupation.
Character Police Clearance Must provide Australian police certificate if the applicant has spent 12 months or more in Australia in the last ten years since he/she turned 16.

Must provide an overseas police certificate for every country, including the applicant’s home country where he/she spent a total of 12 months or more in the last ten years since turning 16.

Health Health checks To ensure that the applicant is healthy.
English English test report To show the applicant meets the minimum English language proficiency standard.

Different Visa Types

TSS visa is one of the more common visas to bring a foreign worker to Australia. However, there are other work visas. They also follow a similar process. Other work visa options include:

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