Employer Sponsored Visas in Australia: A Guide for Clients

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

1MIGRATION LAW
To
The Client
Respected Sir
In this letter of advice I would provide you information in relation to employer sponsor
visas available in Australia. The information provided to you would be based on the types of visa
available, the sponsorship, nomination and other requirements to get the visa and what the visa
allows and restricts a visa holder to do. There are three types of employer sponsored visa which
can be selected from in order to temporarily or permanently stay and work in Australia. Subclass
457 temporary work skilled visa is one of them. Under this visa Overseas or Australian
businesses have the right to sponsor and employ staff belonging to other countries with the help
of this visa. This visa can only be obtained by those people who are in an occupation which is
present in the consolidated skilled occupation list. Through the use of this visa a person can live
and work in Australia for a period of 4 years and can also bring their family members to the
country. This visa can also be extended to permanent residency through the use of subclass 186,
187 visas. The criteria for approval is provided in regulation 2.72 of Migration regulation 19941.
The process for nomination is provided under s 2.73 of MR 19942. The criteria for standard
business sponsor have been provided under reg 2.59 of MR 19943. The rules of providing
approval are given under reg 2.61 of MR 19944.
In order to make a claim for this visa a person has to be sponsored by an approved
business in Australia. The person is also required to have certain specific skills through which he
1 Migration regulation 1994 (Cth) reg 2.72
2 Migration regulation 1994 (Cth) reg 2.73
3 Migration regulation 1994 (Cth) reg 2.59
4 Migration regulation 1994 (Cth) reg 2.61

2MIGRATION LAW
or she can satisfy the position which has been nominated by the approved business. The person
must also have specific level of English speaking requirements for the purpose of being able to
satisfy requirements under this visa. The occupation of the person has to be a skilled occupation
which has been provided approval by the Australian government. The person who has made an
application for this visa has to show that he has the experience and skill which is necessary to
carry out the work for the nominated occupation. It is also the duty of the approved business to
provide such person with necessary registration and licensing information. A Police certificate is
also needed before an application for this visa is launched in relation to the character of the
person. The person may also be required to undergo a skill assessment in Australia for the
purpose of meeting the eligibility criteria.
In order to become a sponsor a business must have the capacity to show that they have
been lawfully operating their business in the country and no relevant adverse information is
present in relation to the Business. The business also has to show that they have complied with a
few specific requirements which include the demonstration that they are committed to employ
local people as labour and have non-discriminatory recruitment practices. In order to become
approved sponsor a business may apply to be a standard business sponsor or may negotiate a
Labour agreement. A business can only have one standard business sponsorship approved at a
given span of time which is valid for a period of 5 years. This time frame can be extended
anytime by lodgement of variation application. In case the business is an Australian business it
must attest in writing that it has a strong record of employing local labour. The business must
also be able to provide evidence that there is a systematic and genuine shortage of skilled worker
and suitable qualified workers in Australia are not available. The business must also prove that
they have commitment of training Australians. In case the application to become a sponsor has