If your business need skilled workers that are in short supply, a good option for your business is to employ skilled migrants who are already in Australia on a skilled visa such as subclasses 189, 190 or 489/491. Many skilled migrants have high-level qualifications and years of work experience. You may find them valuable to the operation and development of your business.
In regional areas, the most common skilled visa held by migrants is 489 visa (to be replaced by 491 visa as from 16 November 2019). The 489 visa is also called Skilled Regional (Provisional) visa. Typically, under the invited pathway of 489 visa a skilled worker is nominated by an Australian state/territory or sponsored by an eligible relative and is then invited to apply for the visa. Once being granted a 489 visa, a skilled migrant is allowed to live, work and study in a specified regional area of Australia for up to 4 years (extended to 5 years under the new 491 visa). In New South Wales, a specified regional area means anywhere except Sydney, Newcastle, the Central Coast and Wollongong. For the new 491 visa, the specified regional areas in NSW are extended to cover anywhere except Sydney.
489/491 visa holders are eligible to apply for permanent residency if they have satisfied certain conditions relating to residence and work. Accordingly, they have a strong incentive to remain in employment with their employers in regional areas.
If you intend to employ a skilled migrant, you will need to first check if he/she has permission to work and any other work restrictions. You may use the free online service Visa Entitlement Verification Online (VEVO) to check the visa details and conditions of a particular skilled migrant.
When employing a skilled migrant, the employer must comply with Australian employment law. Migrants enjoy the same employment rights and protections as any other Australian employees do.
Employers are reminded that it is unlawful to disadvantage employees and job seekers because of their race, colour, descent, or national or ethnic origin. Therefore, it is important to ensure that your business have a discrimination-free workplace.
If you require assistance with any immigration and/or employment law matters, please contact Everingham Solomons because Helping You is Our Business.
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