Standard Business Sponsorship
Standard Business Sponsorship is known in the industry as ‘SBS’. Your employer needs to obtain SBS approval before you (or anyone else) can be sponsored by them. SBS approval is generally valid for up to 5 years. Accredited sponsors and businesses that nominate a large number of employees may be granted SBS approval for 6 years.
Skilling Australians Fund
Employers must pay a Skilling Australians Fund (SAF) levy on certain visa subclass nominations, such as the 482 visa. The amount payable depends on factors such as the turnover of the sponsoring business and the length of the proposed visa.
Levy payments are tax deductible.
Nomination of position
The employer must advise Immigration of the job that you will do under sponsorship. Your job must be on the occupation list related to the particular visa you’re applying for.
In the case of the 482 visa, your occupation will need to be on the Short-Term Skilled Occupations List (STSOL), the Medium-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
It is crucial that the right occupation is nominated. A nomination can be knocked back for something as seemingly small as nominating Civil Engineering Draftsperson instead of Civil Engineering Technician. The employer may need to describe how the position fits into the organisation and why it is essential to the function of the business.
In the face of the Covid-19 pandemic, it is likely Case Officers will be scrutinising nominations more closely than ever and may be questioning why employers cannot find suitable candidates locally.
Labour market testing
Labour market testing (LMT) needs to be carried out as part of the 482 visa process.
Some exemptions do apply for citizens of certain countries and for specific occupations; however, in most cases, LMT is required.
Employers must place detailed ads, in English, on at least two reputable jobs sites and include full position details, the salary being offered, the skills and experience required, and the name of the sponsor or the recruitment agency.
Getting the LMT requirement right is an important part of the process. Placing a short ad on social media will not cut the mustard. Examples of acceptable national recruitment websites include JobActive, Indeed and Seek. Advertising in national newspapers and on national radio is also generally acceptable for LMT purposes.
TSMIT stands for ‘temporary skilled migration income threshold’.
If you’re sponsored under the 482 scheme, you must be paid no less than an Australian employee would be paid doing the same role; this is known as the ‘annual salary market rate’ or AMSR.
At the moment, the AMSR for a nominated position can be no less than the current TSMIT amount of $53,900, plus superannuation, for a standard full-time week of 38 hours. Some occupations come with caveats and minimum salaries specific to those particular job roles. For example, Customer Service Managers must have annual earnings of no less than $65,000.
Bonuses and commission payments can’t be included in the TSMIT amount.
Market salary data
Immigration wants to make sure that the salary you are paid does not make you worse off that the average Australian doing the same role. If the sponsoring company employs people in the same job – and same location – then you must not be paid less than them.
If there are no others in the same role, you need to provide relevant data from reputable Australian salary surveys, industry publications, or job seeker websites to show that you’re being paid a fair salary for the job.
A statement and evidence will need gathering to demonstrate that a candidate is being paid the correct market rate. If you’re working with a Registered Migration Agent, they’ll run you through what this entails.
TSS 482 visa skill assessment
Depending on your passport and the nominated occupation you may need to undertake a skill assessment as part of the application.
This can take anywhere from 4 – 16 weeks, so it’s important that you know where you stand on this before getting started with the process.
There are two skill assessment pathways: one for applicants without an Australian trade qualification and one for applicants holding a relevant Australian VET qualification or an occupational licence / registration certificate issued by an appropriate licensing authority. Naturally, the qualifications and/or licensing must be relevant to the occupation being nominated.
It’s worth noting that there are only 25 occupations that require skill assessments and 23 are these are trades. And they’re only required if the applicant is from certain countries. There are 674 occupation on the combined STSOL, MLTSSL and ROL combined, so the vast majority don’t have a skill assessment requirement.