How to nominate a foreign worker to help improve your business?
January 22, 2016

Even you have become a sponsor under Department of Immigration and Border Protection (DIBP)’s 457 program, you are not guaranteed to bring overseas worker. Under the current 457 program, you are required to undergo a “nomination” process after sponsorship is approved. In this step, the sponsor needs to demonstrate the following:

Genuineness of the Position 
The nominated position has to “genuine” for this business, meaning this position must be in line with the business’s operation, and there is a need for the business to employ such position.

Equivalent Terms & Conditions
Overseas workers must not in a different position than local workers. Their employment terms & conditions must be equivalent to those local employees who are in the same level and position. This way can ensure the fairness throughout the business.

Labour Market Testing
DIBP cannot accept the 457 program to jeopardise the employment opportunity towards local workers. The business is required to demonstrate its difficulty to source local skilled workers, and such skills shortage is affecting the business in a way that has to be solved by employing foreign workers.

Temporary Skilled Migration Income Threshold (TSMIT)
Even though the foreign worker is employed, their terms and conditions must not be anywhere inequivalent to local workers. Their conditions must not be treated unequally, and vice versa. The present TSMIT is set at AU$53,900 and is currently undergoing a review.

The crucial part of nomination is to prove that nominating such overseas worker will not affect current local employees, and no unfair conduct is allowed throughout the business. The position must be genuine towards the business and such position is not inserted purely for immigration purpose.

Maintaining the integrity of the positions and business operation is very crucial in the 457 visa program. DIBP conducts regular monitoring procedures to existing sponsors. Your obligations as a sponsor need to be complied with throughout the whole sponsorship period. Call us to find out more.

Obtaining the nomination is the second step of employing foreign workers. To make sure your position is suitable for nomination, give us a call on +61 3 9078 6819 or email us on support@thinkvisa.com.au to discuss your situation or visit our website on https://www.thinkvisa.com.au.

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