Sponsorship

Overview

There are several schemes the University may use for sponsoring overseas employees. Sponsorship applications are managed by Human Resources, who can provide assistance with this process.

Types of sponsorship

These guidelines cannot provide extensive details regarding sponsorship, because the provisions are complex and change regularly. For assistance in assessing the best type of sponsorship, please contact Human Resources. Further details on sponsoring an employee may be studied on the DIAC Website.

The following principles may assist in understanding the prevailing legislation:

Permanent sponsorship

Permanent sponsorship applies when an overseas applicant wishes to migrate to Australia. As a rule, this is based on the applicant filling a specialist position that is difficult to fill within Australia. It's generally more difficult to obtain permanent residency for applicants who cannot demonstrate a certain standard of English (as determined by DIAC), or who are over the age of 45; however exceptions may be sought under special circumstances.

In most cases, the University will submit the sponsorship application first and pay the relevant fee. Once the sponsorship has been approved, the applicant will submit their application for permanent residency, as they need to provide a sponsorship approval number with their application.

The contract of employment must be for a minimum period (usually 2 years) and more often than not must be full-time, depending on the Employer Obligations applicable to the specific Visa.

Temporary sponsorship

Temporary sponsorship enables the University of Ballarat to employ applicants from overseas where the job offer doesn't meet the requirement for permanent residency. The University of Ballarat generally uses the Temporary Business (Long Stay) visa, which allows for sponsorship from three months to four years.

In most cases, the basic principle is that the University must apply to be a sponsor; the appointee would then apply for the appropriate visa either after the University's sponsorship has been approved, or after the application has been lodged, but not before. The appointee must lodge their Visa application within 6 months of the approval of the sponsorship nomination or the sponsorship nomination will need to be approved again before the Visa can be issued.

Costs

• the cost of all medical or hospital expenses for an employee (and accompanying family members) for treatment in a public hospitals (other than expenses that are met by health insurance or reciprocal health care arrangements).
• Cost of return travel for an employee (and accompanying family members) to their home country
• repay the Australian Government for money it spends as a result of the employee's stay in Australia. This may include any costs associated with locating and detaining if they become unlawful

An employee who has a temporary work visa may decide they wish to stay in Australia. The University may apply to sponsor such an employee to become a permanent resident in these circumstances.

Advice should be sought from Human Resources to ascertain what financial implications may apply, for budgeting purposes.

Work restrictions

Sponsored employees may have a restriction on their visa that means they are only permitted to work for the sponsoring employer, either for the life of any temporary sponsorship or for an initial period (usually two years) of a permanent sponsorship.

If a sponsored employee resigns without due cause, they may be in breach of their Visa conditions. This restriction will have been made clear to them in the paperwork they have signed for DIAC. If they do resign, the University is obliged by DIAC legislation to notify DIAC immediately of such resignation.

DIAC monitoring and audits

As a sponsoring employer, University of Ballarat will be required from time to time to provide monitoring and/or auditing reports to DIAC. This information can include both consolidated statistics regarding the totality of overseas employees, and individual information regarding specific employees.

Frequently Asked Questions - Information for subclass 457 visa holders

DIAC has developed a set of Frequently Asked Questions for Subclass 457 visa holders which clarifies their rights and responsibilities.

As it is important that subclass 457 visa holders are aware of their rights and responsibilities please visit /www.immi.gov.au/skilled/skilled-workers/_pdf/FAQ_457_visa_holders.pdf for further information.