In order to encourage participation of foreign talent in
Australia and contribute towards its economic, social and
cultural growth, temporary visas under Temporary Residence
Program (TRP) are granted for eligible persons. There are
numerous type of people who can obtain visa under this
category. The list of foreigners eligible for visa is
exhaustive. It includes professionals like doctors,
engineers, educationists, academic faculty, sports persons,
film and music personalities. It also includes inter alia
visa provision for employees of local and foreign
businesses.
The Business visa, which is meant for extended or long stay
of up to four years in Australia as an employee is issued
under Subclass 457. In case of business visa two parties are
involved – Business entity and employee. Under this Subclass
457 obligations and rights for both businesses and their
employees are laid down.
Obligations of sponsors or business entities
The Standard Business Sponsorship (SBS) for the Business
(Long Stay) visa is applicable in this case. The employer or
sponsor must adhere to several provisions under the law to
legally employ a foreigner and facilitate issue of visa to
them. The objective of providing employee visa is to enhance
the skills of local workforce and increase employment
opportunities for them. It is therefore obligatory on the
part of sponsors to ensure that the employee is skilled and
not an unskilled labourer. The wages and salaries given to
foreign employee must be the same as that prevalent in the
local market. This provision has been added to ensure that
businesses do not discriminate against local manpower and
exploit foreign employees by paying below market rate
salaries. Sponsors must also certify that skills belonging
to foreign employee are not available locally or are
difficult to identify. Accordingly, if an Australian
business wishes to employ foreigners it must exhibit and
demonstrate a strong track record of employing local
manpower. Businesses must also demonstrate a history of
supporting and training local manpower to acquire new
skills. For approval as a Standard Business Sponsor it is
necessary to show that the business practice is legal under
Australian laws. The background of the business must be
spotlessly clean without any adverse reports.
A list of eligible occupations is published by the
immigration authorities. A business entity can sponsor an
employee only if he falls under the approved list of
occupations. The process of employing a foreigner can be
started only after becoming a Standard Business Sponsor.
Obligations of employee
After obtaining business sponsorship, an employee become
eligible for grant of visa. Foreigners must be able to
demonstrate through documentary evidence that they possess
the necessary skills to fill the position offered by the
employee. The employee must be able to demonstrate his
English speaking kills by obtaining a passing score in the
relevant examination. Citizens of some countries are
exempted from appearing for this test. Application for visa
can be made either from inside or outside Australia. Spouse
and family of employees can also be granted visa to stay and
work in Australia.
Since the requirement for obtaining temporary visa under
this scheme involves both employer and employee, it is
advisable to consult a professional in visa and immigration
laws.
