Employer Eligibility
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An employer needs to be approved as a sponsor in order to employ skilled workers from overseas. The following requirements must be met for an employer to become a sponsor.
Lawfully and actively operating business
The employer must be lawfully operating a business that is actually and actively engaged in business activities.
Example: A business that exists on paper only (for example a shelf company) is not acceptable.
New businesses or business proposals may be considered if there is clear evidence of intention to establish the business.
Direct employer of the employee
The sponsor must be the direct employer of the employee. The direct employer is usually responsible for such things as:
- payment of salaries
- PAYG tax instalments
- superannuation
- conditions of employment
- day-to-day supervision of the employee.
For groups of related companies, the direct employer can be related to the approved sponsor. For example, the head company of a corporate group of companies in Australia may be approved as a sponsor while a subsidiary company is the direct employer.
Good business record and abide by immigration laws
To meet this requirement:
- there must be nothing adverse known about the business
- if the employer has previously sponsored employees to Australia, they must have a satisfactory record of complying with immigration laws
- the activities of the business must not be illegal in Australia.
Benefit to Australia
The employment of skilled workers from overseas must benefit Australia. For example, the arrangement could:
- provide employment for Australian citizens or Australian permanent residents
- expand Australian trade in goods or services
- improve business links with international markets
- improve competitiveness within the sectors of the Australian economy.
Advance skills of existing workforce
The employer must also demonstrate that their Australian business operations will meet one of the following requirements:
- introduce, use or create new business skills
- introduce, use or create new or improved technology
- have a satisfactory record of, or a demonstrated commitment towards training Australian citizens and Australian permanent residents.
Overseas business sponsors
If you are an employer with a business that has no formal operating base or representation in Australia, you may apply to bring employees to Australia to do one of the following:
- establish a branch or other business activity such as joint ventures, agency distributorships or subsidiary branches in Australia
- fulfil obligations for a contract or other business activity in Australia.
Note: Overseas Business Sponsors do not need to be operating in Australia but must meet all other employer eligibility requirements.
Regional employer concessions
If you are an employer in a regional area in Australia you may be eligible for concessions in meeting the minimum salary and skill level requirements for your nominated position.
See: Regional Employer Concessions
Before lodging an application, please read all related eligibility requirements.
See: Other eligibility