Every Time I Answer Employer Sponsorship Enquiries, I Get Hit with the Same “Soul-Searching” Five Big Questions… “Can I, or Can’t I?”

Every timesomeone asks aboutemployer sponsorship,

I get hit withthe “soul-searching”-style5 big questions!

First, when we talk about employer-sponsored visas, we’re mainly referring tothe Subclass 482 and Subclass 186 visas;The Subclass 407 visa also requires employer sponsorship, so I’ve included it here too.

Generally, the prerequisite for applying for a Subclass 482is at least 2 years or more of full-time work experience,Fortunately, for the vast majority of occupations, applying for a Subclass 482doesn’t require a skills assessment,you just need to meet the Subclass 482’s prerequisite of 2 years’ full-time work experience (this must be verifiable work experience – cash-in-hand work doesn’t count),and have your nominated occupation on the Department of Home Affairs’ occupation list, and you can then look at applying for the Subclass 482 employer-sponsored work visa.

If the applicant’s nominated occupation is onthe Medium and Long-term Strategic Skills List (MLTSSL), then once the Subclass 186 requirements are met,you can go on to apply for permanent residency via the Subclass 186.

Every client who consults me about the employer-sponsored visa asks me this. Let me answer it here for everyone at once.

First,the requirements for employer sponsorship vary depending on the nominated occupation,and it really comes down to the specific occupation – in Question 3, I’ll run through a few commonly asked-about occupations and the extra requirements they place on the employer.

Second, applicants should do a preliminary self-assessment first, looking at:

• How long has the company been established?

• What’s the scope of the employer’s business in relation to the nominated occupation?

• How many staff are currently employed?

• What’s the financial position? What’s the turnover? Is the business profitable?

• Does the company currently have any other employees under sponsorship?

Once applicants have clarity on the above, we can move on to assessing the finer details.

To assess whether a business currently qualifies as a sponsoring employer,the main thing we need is the company’s financial statements and organisational chart, so we can carry out a proper assessment.It can’t be judged OK or not OK in a couple of sentences – doing so would be irresponsible to the applicant.

In summary, there’s really no single standard we can give upfront for what conditions a sponsoring employer needs to meet. If you’re an applicant or employer with a need in this area, feel free to contact me for a professional assessment.

In fact, for many occupations under employer-sponsored visas, the Department adds a Caveat – that is, additional conditions – on top of the standard requirements. So, following on from the last question,I’ve put together the employer requirements for a few commonly asked-about nominated occupations.

Accountant (General), ANZSCO CODE 221111 – Accountant (MLTSSL)

• Business scale requirements

1)  Company turnover of no less than AU$1 million

2)  Company must have no fewer than 5 employees

• Must not be a low-skill-level role such as clerical, bookkeeper or accounting clerk

Restaurant or Cafe Manager, ANZSCO CODE 141111 – Restaurant Manager (STSOL)

• Restaurant experience scope

1)  Must not be a takeaway-style restaurant

2)  Must not be fast food, such as pizza

3)  Must be a proper restaurant with waitstaff taking orders

For a specific assessment, feel free to contact me to check whether the details of this occupation are compliant.

Chefs, ANZSCO CODE 351311 / Cook, ANZSCO CODE 351411 – Chef/Cook occupations 

If the applicant’s workplace is a fast-food outlet, a pub, a pizza shop or a small cafe, that’s not ideal – the specific requirements are much the same as for Restaurant or Cafe Manager.

Customer Service Manager ANZSCO CODE 149212,

Sales and Marketing Manager ANZSCO CODE 131112

Supply and Distribution Manager ANZSCO CODE 133611

1) The applicant’s work must not be in the retail industry

2) The applicant’s work must not involve direct customer contact

3) Company turnover must not be less than $1 million

4) Salary must not be less than $65,000 AUD per year

The Department will scrutinise the salary and turnover requirements above particularly closely. In particular, unless it’s an international company opening a new store in Australia, a retail store manager role will generally be classified as retail manager, ANZSCO CODE 142111.

Baker ANZSCO CODE 351111  

Pastry Cook ANZSCO CODE 351112

1) Must be small-scale production – large-scale, standardised production doesn’t qualify

2) Must be produced for their own shop – producing for other locations doesn’t qualify

3) Must be produced from raw ingredients – using semi-finished products doesn’t qualify

If the applicant works in a factory or a chain store, the Department may scrutinise the case more closely.

This is an interesting question. On whether overseas qualifications can be used, from a migration law perspective there’s actually no strict requirement either way.That said, it does vary somewhat between occupations.Let me give you two of the most common examples.

1) Nominated occupation: Accountant

If you have an Australian qualification but your work experience is from China, can you lodge a 482, or go straight to a 186 Direct Entry (186DE)?

In this situation, because the qualification is Australian-qualified, you can still attempt to lodge a 482/186DE even though the work experience is from China,but there is some risk of refusal, because China’s accounting system differs from Australia’s,and from a reasonableness standpoint, lodging an application based directly on domestic Chinese accounting work experience carries a fairly high risk.

If the accounting qualification itself is from China, then it definitely can’t be lodged. In this case, you’d first need to have your subjects mapped against CPA/CA requirements and complete any accounting subjects CPA/CA requires, before you can even consider counting accounting work experience gained after obtaining the qualification.

2) Nominated occupation: IT

For the IT occupation,regardless of whether the qualification is from China or Australia, IT skills are essentially universal,and there’s no special difference in systems – so in this case,IT work experience, whether gained in China or overseas, can be recognised.

The two examples above analyse things from the standpoint of an occupation’s reasonableness. So when applying for an employer-sponsored visa, we need to look not only at whether it meets the Department’s requirements from a strictly legal standpoint,but also factor in reasonableness as part of the overall assessment.

Here’s a fairly simple rule of thumb: think about whether your professional skills and knowledge can actually be applied once you’re in Australia. If they can, can most of them be applied, or is it a completely different system altogether?

On this question, I hope that through the explanations of the employer-sponsored visa above,applicants can come to understand that no visa is inherently “high risk” or “low risk” –it only comes down to whether you meet the requirements, and whether your circumstances and the documents you submit are reasonable.

If both the applicant’s and the employer’s circumstances are strong, and the documents submitted meet the Department’s requirements, the case officer has no reason to refuse your application.So please don’t easily believe rumours and scare yourselves – whatever the situation, always analyse feasibility rationally.