COVID-19 Updates: Read our blog for useful information about commercial, employment and family law issues.

Business Migration in Australia

Shawn Skyring , Lisa Qiu

Anyone who is not an Australian citizen or permanent resident, will need to apply for and be granted a visa to come to Australia before they come to Australia.

Not all visas allow migrants to work in Australia. Businesses in Australia (whether an overseas business operating in Australia, or an international business with an Australian branch) looking to employ non-Australian workers, will need to comply with the visa requirements of the relevant Australian government department, that deals with visa requirements. This department is usually a Federal Department, such as the Department of Home Affairs.

The Department of Home Affairs works closely with other Australian regulatory bodies, such as the Fair Work Ombudsman, to ensure that migrants working in Australia are not exploited and are paid fair wages.

Immigration is a politically hot topic, and therefore the rules and regulations about migration to Australia often change. 

Key issues for new entrants to consider

1.  The overseas business will need to be approved as a standard business sponsor. Will the standard business sponsor be an overseas business operating in Australia, or will the overseas business establish an Australian entity (such as an Australian subsidiary), which will become the standard business sponsor?

Is the business aware of the legal requirements for establishing an Australian company?

2. What role/roles are required to be performed by the migrant workers, in Australia? Are those roles eligible for sponsorship under the current skilled visa requirements?

3. Will the migrant worker be migrating with any family e.g children or spouse? Will migrating family members meet the relevant Australian visa requirements?

4. Does the migrant worker intend on applying for Australian permanent residency? If not, how long do they intend on working in Australia? 

5.  Has the business tried to recruit from the Australian domestic labour market first? 

If you have any questions or require assistance with any of the above, please do not hesitate to contact a member of Coleman Greig’s Employment Law Team, who would be more than happy to assist you.