Overseas visa What are the regulations for foreign labor visas in Australia? The Australian Department of Immigration is responsible for formulating plans to introduce foreign labor, reviewing foreign workers, and issuing work visas.
The Department of Immigration stipulates that if an Australian company or overseas company cannot recruit the required labor in the Australian domestic labor market, or cannot obtain the required labor through its own training program, and has to hire workers from overseas to work in Australia, the company can
Provide sponsorship for foreign workers and apply for temporary business visas for foreign workers.
Foreign workers who need to work in Australia for 3 months to 4 years can apply for a long-term temporary business visa, namely the 457 visa.
Three procedures must be completed to apply for this type of visa: - The employer company guarantees; - The employer company nominates; - The nominee applies for the visa.
1. Guarantee from an Australian company or an overseas company. Foreign workers working in Australia must be sponsored by the employer’s company.
Australian employing companies must obtain sponsorship qualifications before sponsoring, and companies that can recruit foreign workers must be business sponsors approved by the Australian Department of Immigration.
There are two types of business sponsorship qualifications: - Pre-qualification business sponsorship (PQBS): hire workers from overseas to work in Australia for two years, with no limit on the number of hires.
Most of those with this kind of guarantee qualification are large enterprises. The guarantee qualification is valid for two years and can be extended every year in the future.
- Standard Business Sponsorship (SBS): Hire a certain number of people from overseas to work in Australia for one year.
This guarantee is valid for one year.
If you want to hire workers again, you need to apply for qualification certification again.
Overseas companies that have not established a company or office in Australia cannot apply for the above two guarantee qualifications.
However, overseas companies can hire foreign workers to work in Australia. The scope of their work is: establishing branches, joint ventures, distribution agencies and affiliated institutions in Australia; completing a certain contract or certain business activities in Australia.
Overseas employing companies must fill in the 1067 form for sponsorship qualifications and the 1068 form for nomination, and fulfill all the requirements of the Australian Immigration Department for guarantors.
The overseas guarantor qualification is the same as the Standard Business Guarantee (SBS) qualification and is valid for one year.
If you want to hire workers again, you need to apply for qualification certification again.
When the employing company applies for sponsorship qualifications from the Australian Department of Immigration, it must fill in the Sponsorship Qualification Review Form 1067 printed by the Department of Immigration, and at the same time provide the Department of Immigration with: - Documents proving that the company is in good operating condition (such as the latest financial report); -
Documentation of the benefits that the company may bring to Australia by employing foreign workers; - Documentation of the company’s commitment to training Australians or introducing new skills.
The Immigration Department will review and evaluate the applicant based on the materials provided by the applicant. The review content includes: - The applicant is a legal enterprise with good operating conditions, not a so-called "paper company" or "shelf company"; - The applicant is a foreigner
The direct employer of the laborer, not the employment agency company, because the employing company will bear the guarantee obligations such as providing pensions, tax payments, and labor supervision for foreign workers.
If a large company is qualified to sponsor, its subsidiaries can be direct employers; - The applicant is indeed qualified to fulfill the sponsorship obligations for foreign workers and has no history of violating immigration laws; - The applicant's employment of foreign workers can indeed bring benefits to the Australian economy
, enhance trade relations, and ensure employment for Australia’s own population, expand the development of Australia’s goods and services industry, improve Australia’s relationship with the international market, and enhance industrial competitiveness; - The applicant has or has committed to provide technical training to Australians,
To promote the popularization and improvement of new technologies and skills.
The Department of Immigration stipulates that the applicant's obligations to sponsor foreign workers and their dependents include: - Salaries, taxes and pensions; - Enforcement of the Australian Industrial Relations Act to ensure salaries and working conditions; - Proper arrangements for direct or indirect medical insurance; - Ensure that the recipients are
Sponsored foreign workers have legal work licenses; - If the sponsored person stops working for the applicant, he must immediately notify the Immigration Department; - Provide return expenses for the sponsored person and his dependents; - Comply with immigration regulations; - Cooperate with the Immigration Department in supervising the applicant.
Guarantor; - Cooperate with all audits related to the employment of foreign workers; - Report to the Immigration Department in a timely manner any events that affect the company's business and the company's guarantee.
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