In this blog, we will explore the preliminary sections on sponsorship. The Migration Act 1958 outlines these preliminary sections on sponsorship for visas. Division 3A of Part 2 of the Act is about sponsorship. Subdivision A under Division 3A outlines preliminary sections on sponsorship. Section 140A of the Act states that Division 3A (sponsorship) applies to visas of a prescribed kind.
Section 140AA: Purposes of this Division
This Section under the preliminary sections on sponsorship outlines the purposes of the division on sponsorship. Subsection (1) states that the purposes of this Division, to the extent it applies in relation to the temporary sponsored work visa program, are as follows:
- to provide a framework for the program in order to address genuine skills shortages;
- to address genuine skills shortages in the Australian labour market:
- without displacing employment and training opportunities for Australian citizens and Australian permanent residents; and
- without the program serving as a mainstay of the skilled migration program;
- to balance the objective of ensuring employment and training opportunities for Australian citizens and Australian permanent residents with that of upholding the rights of non-citizens sponsored to work in Australia under the program;
- to impose obligations on work sponsors to ensure that:
- non-citizen sponsored to work in Australia under the program are protected; and
- parties do not use the program inappropriately;
- to enable monitoring, detection, deterrence and enforcement in relation to any inappropriate use of the program;
- to give Fair Work Inspectors (including the Fair Work Ombudsman) and inspectors appointed under this Division the necessary powers and functions to investigate compliance with the program.
Subsection (2) Section 140AA of Preliminary Sections on Sponsorship
Point (2) of Section 140AA states that the purposes of this Division to the extent it applies in relation to the sponsored family visa program, are to:
- strengthen the integrity of the program; and
- place greater emphasis on the assessment of persons as family sponsors; and
- improve the management of family violence in the delivery of the program.
Subsection (3) states that the purposes that Subsection (2) outlines are to be achieved by establishing a framework that:
- requires the approval of persons as family sponsors before parties make any relevant visa applications; and
- imposes obligations on persons who are or were approved family sponsors; and
- provides for sanctions if parties do not satisfy such obligations; and
- facilitates the sharing of personal information in accordance with this Division.
Section 140AB: Ministerial Advisory Council on Skilled Migration
This Section states that the Minister must take all reasonable steps to ensure that, at all times, there is in existence a council that:
- is the the Ministerial Advisory Council on Skilled Migration; and
- is established under the executive power of the Commonwealth; and
- includes representatives of unions, industry and State and Territory governments and other members (if any) nominated by the Minister; and
- meets at least quarterly.
Moreover, it states that without limiting its functions apart from this Section, the Ministerial Advisory Council on Skilled Migration is to provide advice to the Minister in relation to the temporary sponsored work visa program.
What Is Temporary Sponsored Work Visa Program?
The Temporary Sponsored Work Visa program in Australia is a system that allows employers in Australia to sponsor skilled foreign workers to work in Australia for a limited period of time. The purpose of the program is to address shortages of skilled workers in Australia and to help employers fill these positions with foreign workers who have the necessary skills and experience.
The Temporary Sponsored Work Visa program consists of several different visa categories, each with its own set of requirements and conditions. Some of them are temporary visas while others are permanent visas. Some of the most common categories include:
- Temporary Skill Shortage Visa (subclass 482),
- Employer Nomination Scheme Visa (subclass 186),
- the Regional Sponsored Migration Scheme Visa (subclass 187).
To be eligible for these visas, foreign workers must have a job offer from an Australian employer who is willing to sponsor them. The employer must also meet certain requirements, such as being a registered Australian business and meeting the minimum salary requirements for the position.
In addition to meeting these requirements, foreign workers must also meet certain health and character requirements and pass a skills assessment to prove that they have the necessary qualifications and experience for the job.
The length of stay permitted under these visas can range from several months to several years, depending on the visa category and the specific circumstances of the worker and employer.
Mainly, the Temporary Sponsored Work Visa program in Australia is a valuable tool for employers and foreign workers alike, helping to address labour shortages and provide valuable opportunities for skilled workers from around the world to contribute to the Australian economy.
Contact Sydney Migration Lawyers
For more information about the preliminary sections of sponsorship, speak to our lawyers. If you require advice for making applications, it is necessary for you to speak with experienced lawyers.
At JB Solicitors, our team has leading migration law solicitors who can provide tailored advice for your particular case. They can provide guidance while you are making your application. This ensures that you make an error-free application and maximise your chances of success.
Do not hesitate to speak with our friendly team of immigration lawyers today. Contact us here.
