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3.4.4 Employers sponsoring foreign employees

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This article is from the soc.culture.australian FAQ, by Stephen Wales with numerous contributions by others.

3.4.4 Employers sponsoring foreign employees

People often assume that Australian companies can sponsor foreign
employees, with the same ease as US or Canadian companies can.
Unfortunately for such posters this is generally not the case.

Organisations can sponsor foreigners, and such people can be given
temporary working visas.

To do this the sponsoring organisation has to first identify under
what category they will sponsor the individual. There are many
categories to choose from. For example there is a category by
which foreign embassy staff can sponsor people to work in the
embassies. Also Universities can sponsor academics fairly easily
using a special category for academics visiting on a sabbatical.

Entertainers can be brought out by appropriate organisations, and there
are special categories for professional sportsmen/sportswomen.

But for comapnies there are only three potential categories. These
are the executive, specialist, and exchange categories.

The executive category is very much restricted to an organisations
senior staff. It would not be much use for the average such poster.
These working visas are usually valid for a max of 24 months.

The exchange category is usually reserved for government bodies,
but might be for companies. The idea is that an Australian
is swapped for a foreigner. It is used only for organisations
that want to internationalise their staff. I don't know how one
applies under this category. I expect it is difficult.

The last applicable category is the "specialist" category. It is
easy for companies to do this for less than four months. The Dept
of Immigration requires no proof that an Australian couldn't be
found to do the job. Such visas are not extendable beyond 12
months. For a visa from 4 months to 12 months, though, the
sponsoring companies must be able to prove that they have attempted
to find an Australian to do the job.

This cateory has been abused by companies in the past. Australian
companies are required, before being allowed to sponsor someone, to
do the following:

1) Advertise the position with the PES or CES
within the last 4 months. Proof is required that they
have done so.

2) Have advertised in ALL of the following within
the last 6 months.

a) A major metropolitan newspaper
b) A national newspaper
c) A local newspaper
d) An appropriate trade or professional journal.

These ads need to have included salaries and conditions,
and a copy of the ads and proof of their having been placed
and the day of their being distributed is all required
for the Dept of Immigration should they request it. (And
they apparently often request it)

Thus very few Australian companies would go through all this unless
they genuinely needed someone they could not employ here. (And note
they would need to do it every 12 months at least).


Bernd Kissler (mailto:bekissler@dataweb.nl) has a page setup with information
on immigrating to Australia (http://www.dataweb.nl/~bekissler/index.html)

 

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