Publish Date: Jul 16, 2012
Skilled overseas workers can be temporarily employed in Australia via sponsorship through a labour agreement or service seller visa. Both visas have certain conditions and requirements that must be fulfilled in order for a person to be able to work and live in the country which this piece will cover.
Holders of skilled temporary visas are able to:
However, holders of skilled temporary visas must adhere to the following conditions:
Labour agreements are formal arrangements between the Commonwealth and an Australian industry group or employer to recruit a specified number of skilled workers on a temporary basis over a number of years.
There are a number of requirements that must be fulfilled in obtaining a Labour Agreement and is done as follows:
Labour agreements are generally effective for two to three years and the temporary visa is valid for stay in Australia and travel for between three months and four years. Additionally, temporary visas can be used for jobs that are not on the list of approved occupations that are attached to other visas – such as the subclass 457 visa or occupations that are not covered under the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
Employees under Labour Agreements must be under 45 years of age at the time of the visa application, or alternatively, the employer must submit a request for waiver to the department.
Additionally, employees subject to Labour Agreements can:
Note: If an employee wishes to change employers, a new sponsorship or nomination and visa application will be required.
The service sellers visa is available for representatives of overseas suppliers of services who are negotiating, or entering into agreements to supply their services in Australia under the General Agreement on Trade and Services (GATS). The requirements for the service sellers visa are:
The service sellers visa also has a number of restrictions attached and is as follows:
It is recommended that you speak to an immigration or employment lawyer to ensure that the correct visa is granted so you can avoid the risk of arriving in a foreign country, or for employers, sponsoring an overseas worker and realising the sponsorship is invalid and the worker’s status is illegal.