How to sponsor a chef on a 457 Visa

(Please note that due to changes to the 457 Visa program announced by the Australian Government on 18th April 2017, the information below may not be accurate. Please see our latest post Summary of 457 Visa changes for more information) 

So you’re a restaurant owner and you need to find a chef. However, it’s been hard to find an Australian that matches your needs and requirements, and you’ve begun to look outside Australia to find someone suitable. The field looks promising. You settle on the perfect person, but you’ve got a problem.

How do you sponsor someone to come to work for you in Australia?

The process of sponsoring someone’s visa isn’t easy, but luckily there are clearly defined steps and factors that will make this process possible.

What is a Temporary Work (Skilled) Visa?

A Temporary Work Visa, also called a Skilled Visa, allows an employer to sponsor someone from overseas to live and work in Australia for a certain period of time. It means that you are able to meet your restaurant’s need for a certain kind of worker if you are unable to find the perfect person locally. It’s valid for a maximum of four years, after which you are required to renew.

What are the requirements?

The Business

In order to for you to sponsor someone to work, there are a few requirements you must fulfil. The first, and most important, is that you must be an active and lawfully operating business.

You must also meet the required benchmarks for training your Australian employees. To do this, 1% of payroll must be going to training purposes, or contributing the equivalent of 2% of payroll into an industry training fund.

The Position

The position itself must also fill certain requirements. You have to have a genuine position within your restaurant that is needed. It must also correspond to a position listed on the DIBP’s (Department of Immigration and Border Protection) current Consolidated Sponsored Occupation’s List (CSOL.)

The base salary of the position must be more than $53,900 per year. The job must also follow the terms and conditions for employment that are equal to what Australian citizens are granted under Australian labour law for the same occupation in your business. A comparable employer in the area can also be used as comparison if that data isn’t available. To fulfil this requirement, you must submit a Market Salary Report.

The Visa Applicant

For the visa applicant, the chef must have vocational English. This may be proven by a minimum IELTS score of 4.5 in each band with an overall score of 5 unless he or she is specifically exempt from this requirement. He or she must also have the skills to work in this position based on qualifications and/or experience. The applicant may be required to prove skills by providing certifications, licensing, or by a mandatory skills assessment.

The applicant must also make arrangements to have the required health insurance during his or her stay.

What is the application process?

Once you’ve chosen your chef, you are ready to begin the visa process. There are three stages that you must follow.

Stage One: Sponsorship Application

In the first stage, an application is placed with the Department of Immigrant and Border Protection on the employer’s behalf. In this stage, the main goal is for you to meet all the requirements mentioned above for your business, position and the application. The good news is that once you are approved, you are able to sponsor multiple temporary visa applicants.

Stage Two: Nomination Application

The second stage is where you begin the process of bringing your chef to Australia. You nominate your applicant with DIBP, which can be done at the same time as the Sponsorship Application if this is your first time sponsoring a visa applicant or within five years of your sponsorship application approval. The visa applicant must also adhere to the requirements listed above to be eligible.

You, as the employer, must also prove that the position itself is within your business, or an entity associated with your business. If your business isn’t Australian but overseas, you can only employ the nominee within your own business.

Stage Three: Visa Application

The application for the visa itself can be turned in at the same time as the nomination application, or within 12 months of your chef’s approval as a candidate for a work visa. The nominated applicant must fulfil all the requirements, including health insurance arrangements, and pass any necessary character checks.

What happens when the applications are approved?

Once all three applications are approved, your chef will be granted his or her temporary work visa. It doesn’t matter yet if he or she is in Australia or outside of the country. The visa itself will be valid for up to four years depending on what your needs and requirements are for the chef’s position.

Do I have any obligations once approved?

If you are approved to sponsor temporary visa applicants, there are a few things that you must keep in mind. You must fulfil all the obligations as set by the DIBP because these are designed to protect workers from exploitation and to make sure that the visa program is used correctly.

You must never seek to recover costs required in the application process, including migration agents. This also includes costs associated with the recruitment process as well. It is entirely acceptable however for the Visa Applicant to pay the costs of both the DIBP and Migration Agent to process the Visa component of the application.

You can, however, possibly recover GST and claim a tax deduction for payment of fees and costs associated with the visa process, though you should consult a trusted tax professional for advice if this is relevant to you.

How long does the process take?

The actual time to complete the visa and become eligible varies from case to case depending on factors in each application package. Processing times are different for employer’s circumstances, or the nominee’s, the area of employment, the nominated position, and even the DIBP officer assigned to complete the case.

At Edupi Migration, we take care of this whole process of finding suitable international chefs or helping you sponsor and retain your current chefs on relevant visas. For more information, contact me, Justin Browne on 02 9235 0919 or email justin@edupi.com.au.