Employer-Sponsored Visashave been gaining increasing attention from moreoverseas applicantssince the beginning of this year.
First, the governmentannounced a series of favourable employer-sponsored visa policies at the start of the year, such as the TSS being changed to require only 2 years of work before transitioning to permanent residency (currently 3 years), and occupations on the Short-term STSOL also gaining a direct pathway to permanent residency. The details and implementation of these policies will be progressively revealed from the end of this year.
Another contributing factor is thatstate nomination quotas were drastically reduced in the 2023-24 financial year,prompting those who originally planned to apply via the 190/491 pathways to seek a Plan B.
After initially learning about employer-sponsored visas, many overseas applicantsget stuck on “finding a willing employer”. Indeed, even with years of relevant experience, finding and securing an Australian job offer and sponsorship from overseas is quite challenging.
But what if my company has a branch office in Australia, or its headquarters is based here?Can I be transferred from overseas to Australia?Would it be simpler? How does it differ from a standard employer-sponsored visa?
Today, let’s explore this question.
Intra-corporate Transferee
Currently, if an overseas company wants to send employees to work at its Australian branch,the primary pathway is through a Standard Business Sponsorship (SBS) and the corresponding Subclass 482 nomination application.
Since this involves the transfer of employees within the same company, these applicants have a specific definition within the migration legislation’s internal processing guidelines, as opposed to standard Subclass 482 applicants.They are known as intra-corporate transferees,and applications that meet this definition may enjoy certain concessions and exemptions.
Intra-corporate transferee refers toan employee currently working for an overseas company who will be transferred to Australia via a Subclass 482 visa to work for the same company or its Australian branch.
For employees, there are few special requirements
For intra-corporate transferees, employees face few additional requirements compared to a standard Subclass 482 application.The main requirements are 2 years of relevant work experience and English language proficiency (for MLTSSL occupations: overall 5, no band below 5; for STSOL occupations: overall 5, no band below 4.5).
For employers, things are more complex
If the overseas company has alreadyregistered an ABN for its Australian branch,has been operating for some time, and has established business activities, then in this scenario,the Australian branch’s ABNshould serve as the SBS and Subclass 482 nomination applicant, assuming the obligations and responsibilities of the sponsoring business.
Alternatively,if the Australian branch has not yet been registered or the registered branch has not yet commenced operations, thenthe overseas company itselfshould lodge the SBS and Subclass 482 nomination application. In this scenario, it is important to note thatthe overseas company must provide additional evidence to demonstrate the need for transferring overseas employees to work in Australia, such as assisting with establishing the Australian branch’s operations or fulfilling agreements with other Australian businesses.
Concessions and Exemptions
1. Exemption from LMT Requirements
For intra-corporate transfer type Subclass 482 nomination applications, the LMT requirement may be exempted,although a written submission is required.
2. Certain occupations may be exempt from caveats
Similarly, for certainspecific occupations, if the overseas employee being transferred is currently working in a WTO member country, some occupation-specific caveats may be waived, such as thesalary caveat.
For example,Corporate General Manager (ANZSCO 111211), the current caveat requires an annual salary exceeding AUD 180,000. However, if the sponsored employee is currently working in China and will be transferred to work in Australia, this requirement may be waived.
Success Stories
As with all employer-sponsored visas, the core of an intra-corporate transferee application still lies in the nomination. The key difference is that you need to demonstrate why it is necessary to transfer anemployee from overseas rather than recruiting locally in Australia.
Recently, I successfully helped two clients obtain employer-sponsored visas through the intra-corporate transferee pathway.
Both clients were sponsored by the same company. They were previously employees of the company in China.The Australian branch had been operating for some time and was eligible to sponsor, and there was a long-term need for overseas personnel, so they contacted us.
One client was nominated for the position of133611 Supply and Distribution Manager. Both the Subclass 482 nomination and visa were approved simultaneously, with a waiting time of less than one month.
The other client was aGraphic Designer, and similarly received simultaneous approval of the nomination and visa shortly after lodgement.
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Intra-company transfers may become simpler and faster
One final point:The Committee for Economic Development of Australiaproposed at the end of last year that the Australian Government introduce a fast-track processing channel to facilitate multinational companies transferring overseas employees to work in Australia.
Rather than hiring locally in Australia to meet the operational needs of their Australian branches, many multinational companies prefer to transfer suitable candidates from their headquarters or other international offices to fill key positions.This approach can reduce recruitment costs and ensure a seamless transition into the role.
The government is expected to release details of the employer-sponsored visa reform timeline from late October.Whether this will include related reforms remains to be seen.
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