Potential Changes to Employer Sponsorship Visas

Are you looking or currently have an employer to sponsor your visa application?

 Proposed changes to immigration policies may revolutionise employer sponsorship.

What is employer sponsorship?

When applying for an Employer Sponsored Visa, skilled overseas workers who want to work in Australia must have an employer to sponsor their visa. Employer sponsors must pay a range of fees including sponsorship, nomination fees and the Skilled Australians Fund levy, in exchange skilled overseas worker can work and live in Australia. This process has allowed permanent residency for thousands of temporary visa-holders. However, until a foreign sponsored worker obtains permanent residency, he or she can only switch employers by having a new nomination application approved, which must be filed within 60 days of their employment being terminated (either by the worker or the employer).

New Changes

Currently, the application requires only one employer, however, these new changes, that have been flagged by the Government, would allow overseas skilled workers mobility between employers. This will cause stronger protection for temporary migrant workers as the reforms will:

 ·         make it easier for foreign sponsored workers to leave employers;

·         provide for longer visa periods; and

·          simplify visa application requirements.

Subject to the foreshadow reforms taking place, migrant workers will now only need to submit a new visa application if they require an updated skills assessment. Additionally, they could move from any approved sponsor, in any industry, as long as it is a valid occupation, and they meet the high-income threshold. Further, instead of upfront fee, sponsors pay could pay the remaining fees on a monthly basis while the visa holder remains in their employment.

However, there is concern that the new changes will encourage migrant workers to seek improved wages and conditions with another employer or industry. Experts believe that migrants will move from regional to metropolitan areas. This may increase rent and demand for essential services for metropolitan areas. Whereas in regional areas, industries could lose business and important industry.  

Further, there is concern that an employer may be less inclined to sponsor a foreign worker if they can change to another employer with ease.

A lot of factors are still undecided. For example, how will the first employee recover costs in the case of poaching? And what are the impacts of having someone on the visa being caught up in disputes between two employers? Combined with the Temporary Skilled Migration Threshold Hike which has dramatically lifted the minimum wage for foreign sponsored workers, there is a lot of uncertainty surrounding employer sponsored migration in Australia.

If you have any questions about employer sponsorship or visa applications, contact one of our expert immigration lawyers today at TooRoo Migration Lawyers.

Contact us for any Immigration Needs

Immigration law is an area that is complex and has little room for error and using an immigration lawyer will ensure the protection of your visa application. Here at TooRoo Migration Lawyers, our team of expert solicitors and will provide sound and thorough advice on visa applications, applying for citizenship, and understanding your legal rights and responsibilities.

Disclaimer

This blog provides general information and is not intended as legal advice specific to your circumstances. Please feel free to seek our professional legal advice if you have any questions, concerns and/or