Hiring someone on an existing visa may seem relatively straightforward at first glance, however, the process contains more nuances and important details than meets the eye. Acronyms, government policy shifts and changes in visa application requirements compared to previous applications submitted for workers in the past can make navigating the process confusing and stressful.
Ultimately, the challenge throughout the process often lies in working out what is required, what is allowed, what is no longer sufficient to provide and what risks could the application pose to your business. This article outlines the most common terms and concepts used throughout the visa application process in plain language.
- Migration rules and regulations change frequently
Immigration is a politically sensitive area which means policy and requirements for visa applications can shift quickly. In just the past year, there have been changes to occupation lists, permanent residency pathways and sponsor compliance requirements.
- Not all work visas are created equal
There is a large array of work visas available to any employee you wish to join your business. It is important to note that they all vary in their own rules, ease of application, duration and level of flexibility. It is important to decide what is the most appropriate for you, your business’ needs and your future employee’s migration needs. For example:
- Subclass 400 visas are typically for short, highly specialised projects.
- Subclass 482 (Temporary Skill Shortage) visas are aimed at filling longer-term roles and may even lead to permanent residency pathways.
- Student and graduate visas come with separate restrictions around working hours and eligibility.
It is best to discuss with us what type of work visa meets these needs discussed above as visa conditions of any granted work visa can affect the role the employee can fill in business, their ability to switch jobs/employers or the ability to work full-time hours for your business and many other considerations.
- Sponsorship carries legal responsibilities
It is crucial to understand that being a sponsor for a prospective employee is an ongoing obligation with the Australian Government from the time of grant and beyond. As a sponsor, your business has ongoing obligations. These include:
- Paying the correct salary
- Maintaining accurate records
- Notifying the Department of Home Affairs if circumstances change
Failure to comply with this obligation can lead to financial penalties, reputational harm and even loss of sponsorship approval, which may create problems for hiring overseas employees in the future.
- Visa conditions are enforceable
Visa conditions can outline where, how and for whom a person can work for. Breaches can occur even when everyone has good intentions.
For example, promoting a sponsored worker into a new role without confirming it matches their nominated occupation can trigger compliance issues. Similarly, assigning them to a different location or changing their hours without checking visa conditions could cause problems.
- Having a plan is key to hiring success
Most organisations will not have an in-house migration specialist and that is completely reasonable. What you do need, however, is a clear system for managing compliance. This includes:
- Knowing which staff members are on visas
- Understanding the conditions of those visas
- Tracking obligations and expiry dates
- Seeking professional advice when circumstances change
Hiring staff on visas can add valuable skills to your business but it comes with responsibilities that cannot be overlooked. Having the right systems and awareness in place helps you protect both your organisation and your employees.
Need guidance on managing visa compliance or sponsorship obligations? Contact us at hello@hammondmigration.com.au for tailored advice.
Disclaimer: The information in this article provides a general overview only. Employers should seek professional advice tailored to their specific situation.
