Can a Sole Trader Have Employees? Rules & Guide
Unsure if a sole trader can hire employees? Learn the rules, legal obligations, and benefits of employing staff as a sole trader in Australia.
Hiring international employees in Australia involves more than just a simple job offer. There are sponsorships and visas to sort, and very specific legal obligations to meet. This guide will explore the full hiring process, including how to bring someone into the country for work and sourcing talent remotely.
We’ll also introduce Wise Business as a way to pay employees working overseas.
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Before hiring someone from abroad, it’s vital to understand the legal and practical responsibilities that come with it. There’s much more to consider compared to hiring locally in Australia.
You can’t hire an overseas worker and then figure out the paperwork later on. You need to get everything sorted legally first. Ideally, you should begin preparing months before any intended start date.
The legal requirements include:
Unfortunately, you can’t just decide to hire someone from overseas on the spot. You must demonstrate first that you’ve made a genuine effort to fill the position with workers in Australia (citizens or permanent residents). This is known as labour market testing2 and involves advertising the position for 4+ weeks on platforms like jobsearch.gov.au.
You’ll also have to keep detailed records of the application and selection of employees throughout the entire process.
There are very specific costs involved with hiring international employees. Many of them are upfront. These include visa fees, legal costs, and relocation expenses. The salary you offer needs to meet a minimum threshold5 and be considered a “fair” rate in Australia.
Bringing a worker from overseas creates practical challenges, too. You should be aiming to:
Global talent can bring fresh thinking and new energy to your team. However, significant legal and practical steps are involved when hiring from abroad. Here’s how to navigate the process:
As an employer, you must sponsor a relevant visa to enable the employee to work in Australia. Several visa categories are typically used to hire international employees. These include:
The aim is to select the most appropriate visa for the role. You’ll also need to be an approved sponsor with the Australian government to complete the legal process
To nominate an employee and complete the legal process, you’ll need to apply to become an approved sponsor with the Australian government. There are three types of sponsors: Standard Business, Accredited, and Temporary Activity.
Standard Business is the most common, and is required for both the skills in demand and sponsored regional visas.
Becoming an approved sponsor can be a lengthy process with lots of documentation — processing times can take 1 to 4 months. There are also quite a few sponsorship obligations you should be fully aware of before starting the process.9
Here’s a quick step-by-step guide for what to expect:
After officially becoming a sponsor, you’re in a position to nominate a specific person for a specific job.
Once the nomination has been lodged, the employee can submit their own visa application. The processing time for this varies, but it typically takes 2 to 4 months. Both the nomination and employee visa applications can run at the same time. However, your nomination must be approved first before a visa is given the green light.
The final step is to prepare employment contracts that comply with laws in Australia. Also, make sure you’re all set up for payroll obligations, including tax and superannuation.
Yes, hiring remotely is the easier option. You won’t always need a visa, as your prospective employee usually works from their home country. There are no immigration requirements in this scenario, but you will still need to consider distinct legal factors.
For example, you must comply with local labour laws in the country where the remote worker resides. These laws cover things like mandatory annual leave and tax withholding obligations.
Labour market testing may also apply. Home Affairs states that LMT requirements can be imposed for “particular industries” to ensure workers based in Australia are given priority².
Other factors to consider include:
✅ No visa required if the international employee is working remotely outside Australia
❌ Visa needed if the international employee is working from within Australia
Paying international staff might seem straightforward, but there are major downsides when using your Australian bank account. You’ll have to put up with poor exchange rates and exorbitant markups from most traditional banks. These really add up when making and receiving cross-border payments regularly.
In fact, the hidden costs of overseas transactions are a big barrier to creating a team of remote workers. Four in five business leaders say hidden fees are an unfair growth tax. That’s unsurprising when US SMBs spend $90+ billion a year just on fees for bank accounts, currency exchange, and international transfers³.
There is a smarter solution.
Hiring international employees opens doors to new skills and fresh perspectives. It can fuel growth in Australia and globally and help your business stay lean and competitive. But it also comes with its own legal and logistical considerations, which you must be fully aware of.
If you plan to bring a worker into Australia, you'll need to understand the sponsorship and nomination process. You'll also have to manage tax and payroll across borders when hiring remotely. The key is getting everything in place — an efficient system — to ensure this all goes smoothly.
Wise Business can play a critical role here. It lets you pay employees wherever they are and track costs clearly with accounting tools that make it easier to stay compliant. Transfers occur with no hidden fees at the real, mid-market exchange rate. It helps streamline overseas business payments without foreign transaction fees, saving up to 3x compared to other providers.
Tired of hidden fees and complex processes when making overseas payments?
Start sending with a Wise Business account! 🚀
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*Please see terms of use and product availability for your region or visit Wise fees and pricing for the most up to date pricing and fee information.
This publication is provided for general information purposes and does not constitute legal, tax or other professional advice from Wise Payments Limited or its subsidiaries and its affiliates, and it is not intended as a substitute for obtaining advice from a financial advisor or any other professional.
We make no representations, warranties or guarantees, whether expressed or implied, that the content in the publication is accurate, complete or up to date.
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