Hiring on a Temporary Work Visa: What Employers Need to Know

What is a Temporary Work Visa?

A temporary work visa allows overseas workers to live and work in Australia for a limited period, usually to fill genuine skill shortages. The most common type is the Subclass 482 Temporary Skill Shortage (TSS) visa, but there are other streams depending on industry needs.

This visa lets Australian businesses sponsor skilled workers when no suitable local candidates are available, helping employers address immediate staffing gaps.

Why hire workers on a temporary visa from overseas?

– Access to skills not available locally: Some industries face shortages of qualified staff, such as healthcare, IT, construction, and trades.
– Business continuity: Filling roles quickly helps maintain operations and meet client demand.
– Global talent pool: Employers can tap into diverse experience and specialised knowledge.
– Pathway to permanent residency: In some cases, temporary visas can transition into permanent visas, helping retain valued staff long-term.

Pros and Cons of Employing Temporary Work Visa Holders

Pros

– Brings in skills your business cannot source locally.
– Can reduce training time if candidates are already highly qualified.
– Provides flexibility if demand increases.
– May help build a more diverse workforce.

Cons

– Sponsorship obligations: Employers must meet strict compliance requirements (minimum pay rates, working conditions, training benchmarks).
– Costs: Sponsorship and visa application fees, plus potential relocation expenses.
– Temporary nature: Workers may need ongoing sponsorship or may leave once the visa ends.
– Administration: Extra paperwork, monitoring, and legal obligations compared to hiring local staff.

Local Hire vs Temporary Visa Hire: A Comparison

Steps to Hire a Temporary Work Visa Holder

1. Check eligibility to sponsor
   – Register as an approved sponsor with the Department of Home Affairs.
   – Ensure your business meets requirements (active, lawfully operating, no adverse information).

2. Identify the right visa stream
   – Subclass 482 TSS visa (short-term, medium-term, or labour agreement streams).
   – Other temporary visas if more appropriate.

3. Nominate the position
   – Choose an occupation on the skilled occupation list.
   – Show evidence the role cannot be filled locally.
   – Ensure the position meets salary and conditions requirements.

4. Worker applies for the visa
   – The candidate must meet skill, qualification, English, and health/character checks.

5. Meet sponsorship obligations
   – Pay equivalent Australian market salary rates.
   – Keep records and notify Home Affairs of any changes.
   – Not engage in discriminatory recruitment practices.

Final Thoughts

Hiring on a temporary work visa can be a smart way to fill skills gaps and support business growth, but it comes with legal and financial responsibilities. Employers should carefully weigh the benefits and obligations before proceeding.

Engaging a registered migration agent can make the process smoother by ensuring compliance and handling paperwork, allowing you to focus on finding the right talent.

Common Mistakes Employers Make with Temporary Work Visas

Before Sponsorship

– Not checking eligibility to sponsor: Failing to become an approved business sponsor before offering roles, or not meeting ‘lawfully operating’ business requirements.
– Choosing the wrong visa stream: Nominating under the wrong occupation list or visa category, or misjudging short-term vs medium-term needs.
– Poor role documentation: Incomplete or vague position descriptions, not showing evidence of genuine skill shortages.
– Underestimating costs and timelines: Not budgeting for sponsorship fees, training levies, and relocation costs; expecting immediate approvals despite processing delays.

During Sponsorship

– Incorrect salary levels: Paying below the Temporary Skilled Migration Income Threshold (TSMIT) or not matching the Australian market salary rate.
– Breaching sponsorship obligations: Not keeping records of hours, pay, and conditions; failing to notify the Department of Home Affairs of changes (role, business structure, employee ceasing employment).
– Treating visa workers differently: Offering worse pay or conditions compared to Australian employees, or engaging in discriminatory recruitment practices.
– Poor communication with employees: Not explaining visa conditions, job security, PR pathways, or relocation responsibilities clearly.

After Hiring

– Letting compliance slip: Not monitoring visa expiry dates or forgetting to renew sponsorship approval.
– Assuming PR is automatic: Promising workers a permanent residency pathway without confirming eligibility.
– Not planning for workforce continuity: Over-reliance on temporary visa staff without succession planning or upskilling local staff in parallel.