Sponsorship is not simply a matter of finding an occupation on a list.
Employer-sponsored migration involves several moving parts: the employer, the position, the nominated occupation and the visa applicant must all fit within the requirements of the particular pathway being considered. A problem with any one of those elements can affect the entire strategy.
The most familiar option is not necessarily the right one. Depending on the circumstances, the pathway may involve temporary sponsorship, permanent residence, a regional program, a labour agreement or a staged approach. Timing can also matter, particularly where an employee already holds a sponsored visa or permanent residence is the longer-term objective.
For employers, the assessment should begin with the business and the position rather than simply asking which visa can be lodged. The genuine need for the role, salary, duties, labour market requirements and any licensing or registration issues can all influence what is realistically available.
For the visa applicant, qualifications, experience, English, age and immigration history may narrow or expand those options. Looking at both sides together before committing to a pathway can avoid considerable time and expense later.Start with the position, not the visa
One of the most important questions is whether the position itself supports the proposed sponsorship pathway.
A job title alone is not enough. The actual duties need to correspond with the nominated occupation, and the role needs to make sense within the employer's business. The size and nature of the business, its operations, organisational structure and the circumstances surrounding the vacancy may all be relevant.
Salary also needs to be considered early. It is not simply a matter of meeting a minimum figure. The proposed salary, market rate for the position and applicable sponsorship requirements need to work together.
Where the occupation requires licensing, registration or particular qualifications, those requirements should also be identified before an application strategy is settled.
Temporary sponsorship or permanent residence?
For some applicants, employer sponsorship is primarily a way to remain and work in Australia. For others, the real objective is permanent residence.
Those are not necessarily the same strategy.
A temporary sponsored visa may provide a pathway to permanent residence later, but eligibility for that later step should not simply be assumed. The occupation, applicant's age, employment history, time with the sponsoring employer and requirements applying at the relevant time can all affect what is available.
In some circumstances, a direct permanent residence pathway may be worth considering from the outset. In others, a temporary or staged approach may be more appropriate.
The important point is to look beyond the immediate visa and consider where the proposed pathway is intended to lead.
Regional and labour agreement pathways can change the picture
Standard employer-sponsored programs are not the only possibilities.
Regional pathways and labour agreements may provide options where the standard program does not fit the employer's workforce needs or the applicant's circumstances. Some arrangements can provide access to occupations, concessions or pathways that differ from the standard employer-sponsored framework.
But a labour agreement is not simply an alternative visa category to select when another pathway is unavailable. The employer may first need to establish why access to an agreement is appropriate and satisfy requirements applying to the particular arrangement.
That can make the strategy considerably more involved — and makes assessing the position and applicant before beginning even more important.
Changing employers requires careful timing
Sponsored workers sometimes assume that moving to another employer is simply an employment decision.
It can also have immigration consequences.
A new employer may need to complete sponsorship or nomination steps, and the timing of those steps can matter. The employee's existing visa conditions, current nomination, visa expiry and longer-term permanent residence strategy should be considered before changes are made.
A move that makes sense professionally may alter the migration pathway that had previously been available.
The employer and applicant need one strategy
Employer sponsorship involves two parties, but the applications cannot sensibly be planned in isolation.
An employer may have a genuine need for a worker but propose a position that does not fit the intended occupation. An applicant may be highly experienced but not meet a requirement of the particular visa pathway. A temporary visa may be achievable while the anticipated permanent residence pathway is not.
Identifying those issues before lodgement allows the employer and applicant to understand what is realistically available and make decisions accordingly.
Sometimes that confirms the pathway originally contemplated. Sometimes it points to a different occupation, visa, regional option or longer-term strategy.
The important part is finding that out before significant time and money have been committed.
Considering employer sponsorship?
KMS Migration Advisory can assess the business, position and proposed visa applicant together and advise on the sponsorship pathway appropriate to the circumstances.