Employer Sponsored Migration

2 August 2006

Posted by Kellie Tranter

Over the last sixty years, Australia's migration program focus has shifted.  The original aim of the program was to build up the population for defence purposes.  In the 1950s and 1960s, the program aimed to bring in workers to build up Australia's manufacturing industries.  By the early 1990s, the aims of the program were more diffuse, encompassing social (family reunification), humanitarian (refugee and humanitarian migration) as well as economic (skilled migration) objectives.  Over the last ten years the emphasis of the program has been on skilled migration (both temporary and permanent), particularly to our regional areas.

Today, the Department of Immigration and Multicultural Affairs (DIMA) allocates around 130 000 to 140 000 migration places each year --the highest level in twenty years --with a firm focus on bringing in migrants with the relevant skills to complement Australia's labour market needs and skill shortages.  In 2005-06, 97 500 places have been allocated for skilled migration, the largest number ever allocated.

Source:  Janet Phillips, Social Policy Section, APH Canberra

The skilled migration program

Since the 1980s, the government has developed policies designed to target migrants with experience in areas where there is a skill shortfall through its general skilled migration program.  In 2004-05 record numbers of skilled migrants were granted visas, accounting for about 60 per cent of the entire migration program.

The current skills in demand are listed in the Department of Immigration and Multicultural Affair's Skilled Occupation List (SKOL).  Generally an applicant must be under 45, with an occupation listed on the SKOL, with enough points to pass the points test and with a fairly proficient level of English.

Under the skilled or independent migrant selection system, the Migration Occupations in Demand (MODL) List identifies occupations to be allocated extra points under the points test.  IT skills featured strongly in the past (they were dropped off the list in 2003), and now health professionals and tradespeople are currently in demand.  The current skills points list shows occupations acceptable for permanent migration and the number of points allocated to these occupations.

There are a variety of relevant visas that potential migrants can apply for under the skilled migration program, depending on whether they are applying for an onshore visa, an offshore visa or for a skilled visa as a New Zealand resident.  There are also specific requirements to encourage successful business people to settle permanently in Australia and develop new or existing businesses.

Employer Nomination Scheme (ENS)

ENS allows Australian employers to fill highly skilled positions in Australia with a non-Australian citizen or resident.  The ENS enables Australian employers to recruit, on a permanent basis, highly skilled staff from overseas or temporary residents currently in Australia, when they have been unable to fill a vacancy from within the Australian labour market or through their own training programs.

The employer must:

• be actively and lawfully operating in Australia;
• have a need for a paid employee;
• have a satisfactory record of training Australians (or, in the case of a new business, must have satisfactory plans in place for future training); and
• be an employer of good standing (ie. must have a history of compliance with immigration laws and with relevant workplace relations laws).

The position must:

• be full-time and available on a permanent basis;
• correspond to a highly skilled occupation that appears on a list of occupations gazetted for the purposes of the ENS;
• be paid at least a specified minimum salary; and
• comply with all relevant Australian standards and workplace legislation for wages and working conditions.

Regional Sponsored Migration Scheme (RSMS)

The RSMS allows employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market.  Any employer can participate in the scheme as long as their business and the position being filled is in an area covered by RSMS.  All areas of Australia are covered except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth.

Employers who are considering nominating persons under the ENS or RSMS may locate suitable nominees in various ways, including:

• through their efforts in testing the Australian labour market;
• personal contact and/or experience with the nominee;
• recommendation from third parties; or
• through the Skill Matching Database --see www.immi.gov.au/skills/

Temporary or permanent?

Another change in focus to migration patterns over the last few years has been the change in emphasis from permanent settlement to temporary migration to Australia, particularly by business and skilled migrants.

The Temporary Business (long stay) visa (sub-class 457) allows highly skilled personnel to come to Australia to work for an approved employer for up to four years.  The prospective employer must first apply to become a standard business sponsor, which will permit them to sponsor an agreed number of overseas employees over a two year period. 

Many of these temporary migrants go on to settle permanently.  In fact, there is a growing link between temporary migration and permanent migration, with a temporary visa often being the first step towards permanent migration.  The government is encouraging such migration with various measures, including an announcement in 2005 by the Minister, Senator Amanda Vanstone, that from 1 November 2005, 'overseas students will be able to apply, on completion of their studies in Australia, for an Occupational Trainee Visa to undertake up to 12 months of supervised on-the-job training in their area of expertise.  Employers will also be able to offer overseas students practical employment experience on an occupational trainee visa where this leads to registration in their chosen profession in Australia.

Using a migration agent

You are not required to use a migration agent.  However, if you use a migration agent, the DIMA encourages you to use a registered migration agent.  Registered agents are bound by the Migration Agents Code of Conduct, which requires them to act in the lawful best interests of their clients and act professionally.

In Australia, anyone (including a lawyer) who uses knowledge of migration procedures to offer immigration assistance to a visa applicant or a sponsor must be registered, unless exempted from registration requirements by law.