Australian Employer Sponsored Permanent Residency
July 19, 2016
By: Sarah Loch-Wilkinson
Often employers are approached by employees seeking sponsorship for permanent residency in Australia. They may be employees on a Student Visas or Graduate Visas. They may be New Zealanders, 457 Visa Holders, or a Temporary Partner Visa holder who has separated from their Australian partner, or other temporary visa holders.
Before agreeing to sponsor an employee, it is vital that both parties make an assessment as to whether this is the most appropriate pathway for both the employer and employee.
What to considering before sponsoring an employee for permanent residency
A number of questions need to be asked as part of this ‘due diligence’. For example, do the business and the employee even meet the requirements for permanent sponsorship? Can the business demonstrate that it has complied with relevant immigration sponsorship obligations in the past? Has the employee sought tax advice on the implications of acquiring permanent residency? Does the employee meet the skill, age, and English language requirements? Does the employee or their family have any health issues which might impact on their eligibility for the visa, and which might require a strategic approach to the application to maximise success prospects?
These are just a few of the questions that must be asked before proceeding with a permanent employer sponsored visa application. Employers can be taken by surprise by the complexity and time frame involved in this process and it’s therefore, important that HR professionals and managers educate themselves on what is involved before proceeding with a sponsored permanent visa application.
Careful consideration needs to be given early on in the process as to whether the business can make this commitment in light of any past performance management issues with the employee or impending business structure changes. Businesses which sponsor visas more regularly may also need a clear business policy on the circumstances under which the business will sponsor for permanent residency and who will cover the costs involved.
In this series of blog posts, I will discuss in more detail some of the common issues which present themselves to employers under the Employer Nominated and Regional Sponsored Migration pathways to permanent residency.
