Sunday, 7 July 2013

Message for Australian Businesses in need of overseas workers - Plan Ahead

Legislation introduced last week places the onus on Australian businesses wanting to sponsor overseas workers to demonstrate their genuine need for employees who are not already resident in Australia.  The changes require potential sponsors to indicate how many overseas people they would be planning to nominate over a three year period and to justify their estimate as well as the genuine need for an overseas worker to fill each position being offered.

They must also demonstrate that the market salary rate for the position being offered is more than a base annual salary of $53,900.

In addition it is now a requirement that all costs associated with the migration process are to be paid by the sponsor without any option for recovery of costs from any person.  The new measures are an attempt to combat any tendency to offer sponsorship primarily to assist an overseas person to remain in Australia. 

It has also been legislated that the required contributions made to training Australian citizens and permanent residents be maintained and recorded throughout the sponsorship period as part of the Sponsor's obligations to the Commonwealth.

Your proposed overseas worker must also be able to demonstrate that they have vocational English unless you are offering a base annual salary of at least $96,400 or they can demonstrate that they have undertaken at least 5 years full time study conducted in English or they hold a UK, US, NZ, Canadian or Irish Republic passport.  If English at a higher level is required to be licensed to work in the occupation then your proposed overseas worker would need to demonstrate that higher level.

Labour market testing is also likely to be introduced in November which would require the sponsor to demonstrate their past attempts to recruit Australian residents for positions being offered to workers from overseas.

For assistance with the migration process in your plans for an overseas worker I am available for consultation by telephoning 02 9633 3896.