Why employers are reluctant

Sponsoring an employee from overseas under one of the skilled migrant programs is often frought with difficulties and many business are reluctant to take it on because the requirements for sponsorship are so onerous:

  • they must apply for approval as a standard business sponsor and nominate the position(s) to be filled by the overseas worker.
  • they have to demonstrate
    • that they are operating a lawful, reputable business in Australia,
    • that the sponsorship is of benefit to Australia and
    • that they will be the direct employer of the applicant.
  • they also have to show that there is a need for a paid overseas employee in a full-time position which must be for a certain minimum period and which must be on the list of national or state-approved occupations.
  • they have to specify the kinds of tasks the employee will need to perform and the experience and skills that are required.
  • they must pay the employee the minimum salary specified by the government for migration purposes, and
  • they have to accept certain obligations towards the employee, including providing acceptable working conditions.

If they are a regional employer they can sometimes seek exemption from the minimum skill or salary levels or other criteria, while the requirements for employees may also be less stringent. However, the position(s) they nominate must be assessed and approved by the Regional Certifying Body (RCB), which adds an extra obstacle to the whole process.

There are very good reasons therefore why a business will try to attract local staff first, but if they need new staff and they can't recruit suitable people from the local labour market, they may be desperate enough to face and try to overcome the obstacles DIAC puts in their way: AMES and other migration agents are available to assist them and make the process easier and quicker than it would be if they do everything themselves - though a payment is expected for this service (AMES' charges are quite reasonable). So if your employer is dubious about the whole thing, tell us about it and we'll do whatever we can to help and bring everything to a satisfactory conclusion.

Find out what AMES can do to help an employer ...    next page