Corporate Immigration

Australian corporate immigration laws govern the entry of skilled workers and business professionals into the country for employment and investment purposes. The government recognises the importance of skilled labour and foreign investment to foster economic growth and development. Accordingly, it has implemented various immigration programs and visa categories to facilitate the entry of suitably qualified individuals into the country.

Temporary Skill Shortage

One of the primary visa categories for skilled workers is the Temporary Skill Shortage (TSS) visa (subclass 482). The TSS visa allows Australian employers to sponsor foreign workers to fill specific skilled positions that cannot be filled by the local labour market.

To sponsor a foreign worker, the employer must meet certain requirements, such as demonstrating a genuine need for the position, offering market salary rates, and complying with relevant labour market testing requirements. The TSS visa has different streams, including short-term, medium-term, and labour agreement streams, each with its own eligibility criteria and visa validity periods.

General Skilled Migration

For high-skilled workers and professionals, the General Skilled Migration (GSM) program is a popular pathway. This program comprises several visa subclasses, such as the Skilled Independent visa (subclass 189), Skilled Nominated visa (subclass 190), and Skilled Work Regional (Provisional) visa (subclass 491).

Applicants under the GSM program must meet specific points requirements based on factors like age, education, work experience, English language proficiency, and nominated occupation. These visas allow skilled migrants to live and work permanently or temporarily in Australia, depending on the visa subclass.

Business Innovation and Investment Program

In addition to skilled workers, corporate immigration laws in Australia also cater to investors. The Business Innovation and Investment Program (BIIP) offers various visa options to encourage foreign investment and stimulate economic growth. Some of the key visas under this program include the Business Innovation visa (subclass 188), Investor visa (subclass 891), and Business Talent visa (subclass 132). Each visa requires the applicant to meet certain financial thresholds, demonstrate a successful business background, and make a significant investment in Australia.

Employer Nomination Scheme

The Employer Nomination Scheme (ENS) visa (subclass 186) allows Australian employers to sponsor foreign workers for permanent residence if they meet specific eligibility criteria and hold a valid nomination from their employer. The ENS visa comprises three streams: Temporary Residence Transition stream, Direct Entry stream, and Labour Agreement stream. Each stream has its own set of requirements and conditions.

Migrant Protection

Corporate immigration laws in Australia extend to protecting the rights of temporary and permanent migrants. Employers who sponsor foreign workers must comply with various labour laws and ensure that migrant workers receive fair wages, working conditions, and entitlements. The government closely monitors compliance with these laws to prevent the exploitation and mistreatment of foreign workers.

Immigration laws are subject to regular changes to adapt to the evolving economic and social landscape. Businesses and individuals intending to utilise corporate immigration pathways should stay informed about the latest regulations and requirements to avoid potential legal issues or delays in the immigration process. Our experienced immigration team will work with you to identify your corporate immigration needs and help you navigate the best pathway forward.

For quality legal services and advice, contact [email protected] or call 02 88660188.