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Australian Immigration Law Update: Avoid Re-advertising for Employer Sponsored Visas

by | Sep 29, 2020 | Migration

New Rules From 1 October 2020

If your business is advertising to fill job vacancies, you may find that the right candidate needs visa sponsorship (e.g. for a subclass 482 (TSS) visa or a subclass 494 visa). To avoid having to re-advertise, try to ensure you meet the Department of Home Affairs’ requirements from the outset. While there are some exemptions for certain occupations and for certain countries below are the essentials for the advertisement:

Timing

Advertising must have been conducted in the four months before lodgement of the visa nomination and be of 28 days’ duration each (remember to screenshot start and end dates as evidence).

Medium & Location

Additional advertising requirements apply for nominations lodged from 1 October 2020.

You need at least three (3) advertisements in total:

  • Two (2) on recruitment websites (such as seek.com.aucareerone.com.au or indeed.com.au), in print media with national circulation or nationalradio with national coverage (LinkedIn is acceptable under certain circumstances and if your company is an accredited sponsor, advertisements may be placed on your website); and
  • One (1) on www.jobactive.gov.au  

Remember that the position must have been advertised in Australia and in English. 

Contents of Advertisement

The position advertised must have the following information included:
•    the position title and description;
•    the skills required for the position;
•    the name of the sponsoring company (or their recruitment agency); and
•    the salary (or salary range) (unless the salary is more than AUD96,400)

Evidence

You should keep a copy of the published advertisements and screenshots of relevant recruitment websites.

Contact Nevett Ford Lawyers today if you require any Australian immigration assistance
?: +61 3 9614 7111
?: www.nevettford.com.au  
?: melbourne@nevettford.com.au