Hiring Foreign Employees in Australia: Visa and Work Permit Requirements

Work Visa Application Process

After the nomination is approved, the foreign worker must submit their visa application to the Department of Home Affairs. This application process varies depending on whether the worker is applying for the TSS Visa or the ENS Visa.

Detailed Steps for Applying for TSS and ENS Visas

1. Ensure Eligibility:

   Before applying, foreign workers must ensure that they meet all eligibility requirements, including qualifications, skills, and English language proficiency. For the ENS Visa, the applicant must also have a valid job offer from an Australian employer and be nominated for the role.

2. Gather Documentation:

   Required documents for the TSS or ENS Visa application include:

   • Passport and identification documents
   • Proof of qualifications and relevant work experience
   • English language test results (such as IELTS or TOEFL)
   • Health and character checks (e.g., police clearance certificates)
   • Nomination approval from the sponsoring employer

3. Submit the Visa Application:

   The foreign worker submits the visa application online through the Department of Home Affairs portal, including all required documentation. For the TSS Visa, the processing time typically takes between two to five months, while ENS Visa processing times may vary depending on the stream.

4. Await Approval:

   Once the application is submitted, the Department of Home Affairs reviews the visa application. Upon approval, the foreign worker is granted the visa and can legally begin employment in Australia.

Costs, Processing Times, and Required Documents

• Costs:

  The cost of applying for a TSS Visa varies depending on the length of the stay and stream. For the Short-Term Stream, the application fee is around AUD 1,290, while the Medium-Term Stream costs around AUD 2,690. The ENS Visa application fee is typically AUD 4,115. Additional costs may apply for health checks, English language tests, and police clearances.

• Processing Times:

  The processing time for TSS Visas is usually between two to five months, depending on the stream and the complexity of the application. ENS Visa processing can take anywhere from five to eight months, depending on the stream and nomination approval.

Employer Compliance with Immigration Laws

Employers in Australia have specific obligations to ensure compliance with immigration laws when hiring foreign employees. Failure to meet these obligations can result in penalties, including fines or the cancellation of sponsorship approval.

Obligations to Ensure Visa Conditions are Met

Employers must ensure that foreign workers comply with all visa conditions, including employment in the nominated role, salary conditions, and compliance with Australian labor laws.

• Record-Keeping:

  Employers must maintain accurate records of foreign workers’ employment, including salary details, working hours, and any changes to employment conditions.

• Monitoring Compliance:

  The Department of Home Affairs may conduct random audits to ensure that businesses are complying with visa conditions and maintaining proper documentation. Employers must report any changes to the foreign worker’s employment status, such as changes in salary, job role, or termination.

Penalties for Non-Compliance

Non-compliance with Australia’s immigration laws can result in severe penalties for employers. These penalties may include fines of up to AUD 315,000, cancellation of sponsorship approval, and restrictions on hiring foreign workers in the future. It is essential for businesses to remain compliant with all immigration and labor laws to avoid legal repercussions.

How AYP Can Help

Navigating the complexities of Australia’s visa and work permit requirements can be overwhelming for businesses. At AYP, we offer comprehensive Employer of Record (EOR) and Professional Employer Organisation (PEO) services to help businesses hire foreign employees without the administrative burden of visa applications and immigration compliance.

AYP manages the entire hiring process, from sponsoring foreign workers to applying for visas, ensuring that your business remains fully compliant with Australia’s immigration laws. Our expert team handles everything, allowing you to focus on growing your business while we take care of the complexities of hiring foreign talent.