Employer Requirements for Visa Sponsorship

Employment Law | April 23, 2024 | Written by Natasha Nair

Visa sponsorship is a common avenue for employers looking to bring in foreign workers to fill specialized roles or address skill shortages; however, navigating the process of sponsoring visas for employees can be complex and daunting for employers. At Linley Welwood, we emphasize the importance of thoroughly understanding and complying with employer requirements for visa sponsorship.

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Requirements for Employers Sponsoring Visas

1. Establishing a Firm Footing

Before embarking on the journey of sponsoring visas for foreign workers, employers must establish a robust and legally compliant business presence. This involves registering their business entity or ensuring operational adherence to relevant laws and regulations. Demonstrating a tangible commitment to the local economy and its workforce through physical or virtual presence is pivotal.

2. Fulfilling Domestic Labour Market Recruitment Obligations

Employers are obligated to showcase sincere efforts in recruiting local citizens or permanent residents before sponsoring foreign workers for visa purposes. This entails a series of proactive measures such as advertising job vacancies, conducting thorough interviews with qualified local candidates, and providing documented evidence of the recruitment process to relevant authorities.

3. Extending Genuine and Sustainable Employment Opportunities

Employers must extend authentic and lasting employment opportunities that encompass full-time, permanent positions to foreign workers they intend to sponsor for visas. This requires crafting comprehensive job offers delineating the terms and conditions of employment, including job roles, remuneration, benefits, and contractual commitments.

4. Grasping Exemptions for Niche Occupations

Certain occupations may warrant exemptions from the conventional requirement of a permanent job offer. For instance, individuals employed in specialized roles in university academia, like professors, lecturers, and post-doctoral fellows, within public institutions may not mandatorily require a permanent job offer to qualify for visa sponsorship. Employers must grasp these nuances and ensure compliance with the stipulations pertinent to the specific nature of the occupation and industry.

5. Offering Competitive Compensation Packages

Employers must proffer competitive compensation packages to allure and retain top-notch talent from across the globe. This entails devising remuneration structures that reflect the skills, qualifications, and expertise of the foreign worker, in addition to aligning with prevalent wage rates in the relevant industry or occupation. Offering competitive compensation ensures strict adherence to visa sponsorship requisites and enhances the employer’s appeal as a coveted destination for skilled professionals.


Do not hesitate to reach out to our team for more information or if you have any questions about employer requirements for visa sponsorships. You can easily get in touch with us using our online form. We are here to help with any support you may require.

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