Building tomorrow's Australia: How immigration services help fuel tech startups

Melbourne is Australia's second-largest city and a glorious city to live and work in. This livability also makes Melbourne an excellent place to recruit and retain talent, a key reason why Melbourne has built a thriving tech ecosystem. It ranked second in The Economist Intelligence Unit's 2023 Global Liveability Index.

Being a startup ourselves, Roam Migration Law has developed a keen interest in working with other Australian startups, particularly in the IT and Gaming sectors. It is an exciting prospect to work with tech startups, such as EasyGo, a dynamic gaming and IT startup, and play our role in supporting them in assembling their talented local and international workforce.

This helpful article outlines the key steps and options for tech startups to sponsor skilled workers, secure visas, and understand compliance requirements. Let's dive into the essential aspects of Australian immigration law services for tech startups.

Understanding Australian immigration laws

Australia's immigration system is recognised for its robust structure and diverse visa options, catering to various needs, including skilled migration, family reunification, and humanitarian assistance. It's also renowned for its complexity.

As a tech startup, entrepreneur or professional seeking to relocate to Australia, it's helpful to have a broad understanding the visa system.

Australia operates on a points-based immigration system, where applicants are assessed based on factors such as age, English proficiency, work experience, education, and other criteria. This system aims to attract individuals who can contribute to the country's economy and society, and fill gaps in vital parts of the workforce

Key visa categories within Australia's immigration system include:

1. Skilled Visas: Designed for individuals with specific skills and qualifications needed in Australia. Subclasses such as the Skilled Independent visa (subclass 189) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) are popular options for skilled professionals.
2. Business and Investment Visas: Tailored for entrepreneurs, investors, and business owners looking to establish or manage businesses in Australia. Visa subclasses like the Business Innovation and Investment visa (subclass 188) offer pathways for eligible individuals to invest and innovate in the Australian economy.
3. Family Visas: Aimed at reuniting families by allowing Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their family members for migration to Australia. Subclasses include Partner visas, Parent visas, and Child visas.
4. Temporary Visas: Provide opportunities for temporary stays in Australia for purposes such as work, study, tourism, or cultural exchange. Popular temporary visas include the Temporary Skill Shortage visa (subclass 482) for skilled workers sponsored by employers and the Visitor visa (subclass 600) for short-term visits.

Navigating Australia's immigration system can be complex, requiring careful consideration of eligibility criteria, visa requirements, and application processes. Partnering with experienced immigration lawyers like Roam Migration Law can help streamline the process and maximise your chances of success in securing the right visa for your needs.

Visa options for tech startups and their employees

Australia offers a range of visa options that will meet the needs of tech startups and their employees looking to relocate or expand their operations in the country. These visa categories aim to facilitate the entry of skilled workers, encourage innovation, and support the growth of the tech ecosystem.

1. Employer Sponsorship Visas:

   • Subclass 482 (Temporary Skill Shortage Visa): Allows tech startups to sponsor skilled workers for temporary stays, addressing immediate skill shortages. This visa is crucial for startups seeking to recruit overseas talent with specialized skills not readily available in the local market.
   • Subclass 494 (Skilled Employer Sponsored Regional Visa): Similar to the subclass 482 visa, but specifically for regional areas, offering additional incentives for startups operating in designated regional zones.

2. Global Talent Visa:

   • Subclass 858 (Distinguished Talent Visa): Designed to attract highly skilled individuals, including tech professionals, with exceptional abilities or achievements. This visa streamlines the entry process for top-tier talent, enabling startups to access a global pool of expertise to fuel their growth and innovation.

3. Business Innovation and Investment Visa:

   • Subclass 188 (Business Innovation and Investment Visa): Offers pathways for tech entrepreneurs and investors to establish or expand their business operations in Australia. Startups can explore opportunities to innovate, collaborate, and contribute to the Australian economy through this visa category.

4. Temporary Work Visas:

   • Subclass 407 (Training Visa): Enables startups to sponsor overseas employees for structured training programs or professional development activities, enhancing their skills and knowledge in specific areas of technology or business.

These visa options provide tech startups with the flexibility to recruit talent from overseas, access global markets, and leverage Australia's supportive ecosystem for innovation and entrepreneurship.

A summary of eligibility criteria and requirements for different visa types

1. Subclass 482 (Temporary Skill Shortage Visa):

   • Eligibility Criteria:
     • Must be nominated by an approved sponsor.
     • Must have the required skills and qualifications for the nominated occupation.
     • Meet English language proficiency requirements unless exempt.
   • Requirements:
     • Provide evidence of skills assessment relevant to the nominated occupation.
     • Meet health and character requirements.
     • Have adequate health insurance during your stay in Australia.
     • Satisfy any additional requirements specified by the Department of Home Affairs.

2. Subclass 494 (Skilled Employer Sponsored Regional Visa):

   • Eligibility Criteria:
     • Must be nominated by an approved employer located in a designated regional area.
     • Meet the skill and qualification requirements for the nominated occupation.
     • Satisfy English language proficiency requirements unless exempt.
   • Requirements:
     • Obtain a positive skills assessment for the nominated occupation.
     • Meet health and character requirements.
     • Have adequate health insurance coverage.
     • Agree to work for the sponsoring employer in the designated regional area.

3. Global Talent Visa:

   • Eligibility Criteria:
     • Must be highly skilled and have the ability to attract a salary at or above the Fair Work high-income threshold.
     • Must be able to contribute to Australia's economy, innovation, and global competitiveness.
   • Requirements:
     • Provide evidence of international recognition for exceptional achievements in the field.
     • Secure sponsorship or nomination by a recognized organization or individual in Australia.
     • Meet health and character requirements.
     • Demonstrate the ability to settle in Australia and contribute to the Australian community.

4. Subclass 188 (Business Innovation and Investment Visa):

   • Eligibility Criteria:
     • Intended for individuals who want to own and manage a new or existing business in Australia or make a designated investment.
   • Requirements:
     • Meet the points test requirement based on various factors such as age, English proficiency, business experience, and investment amount.
     • Submit a detailed business proposal or investment plan.
     • Satisfy health and character requirements.
     • Have sufficient funds to support settlement in Australia.

5. Subclass 407 (Training Visa):

   • Eligibility Criteria:
     • Designed for individuals seeking training opportunities in Australia.
     • Must be sponsored by an approved sponsor for occupational training.
   • Requirements:
     • Provide evidence of the training program and its relevance to the applicant's current occupation, field of study, or future employment prospects.
     • Meet health and character requirements.
     • Have adequate health insurance coverage for the duration of your stay.
     • Agree to comply with the visa conditions related to training and employment.

These outlines provide a general overview of the eligibility criteria and requirements for each visa type. Applicants should refer to the official guidelines and requirements provided by the Department of Home Affairs for detailed information and specific eligibility criteria.

Compliance and Legal Considerations

Roam Migration Law is an industry leader when it comes to immigration compliance. We have developed Complize, an end-to-end immigration compliance platform for international workforce management. Complize allows tech startups to manage visa holders with real-time data tracking & reporting.

In conjunction with Complize our experienced immigration lawyers can help tech startups with:

• Understanding the obligations of sponsoring employers
• Compliance requirements to avoid penalties and visa cancellations
• Maintaining visa status for sponsored employees
• Handling visa extensions, renewals, and permanent residency pathways

Why Roam Migration Law?

Navigating complex Australian immigration laws is a crucial piece of the jigsaw for tech startups looking to thrive in Australia. By leveraging our specialised immigration law services, startups can streamline visa processes, ensure compliance, and focus on innovation and growth.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.