Employer sponsored visas are a very important part of the Australian migration program as they allow for specific skills gaps in the Australian market to be filled quickly by overseas workers.
Temporary Work (Skilled) Visa – Subclass 457
The 457 visa programme is one of the most popular routes for overseas workers with a job offer from an Australian company to enter Australia.
The relatively fast and cost effective process makes the 457 visa a highly viable option for Australian companies facing critical skills shortages, to hire and mobilise overseas skilled workers where no comparable Australian worker is available.
The 457 visa process is split into three separate applications; SBS, nomination & visa application. The first two applications are made by the employer, the visa application is made by the overseas worker.
Standard Business Sponsorship – SBS
If you are an employer who is struggling to obtain skilled staff in Australia and have vacant skilled positions within your business that appear on the Consolidated Sponsored Occupation List (CSOL) you may be eligible to become a Standard Business Sponsor.
To become an SBS your business must:
- Be lawfully and actively operating
- Show a history of and/or be able to meet the government’s training benchmarks
- Be committed to employing local labour and have non-discriminatory employment practices
- Have no adverse information be known about the business or office holders
- Agree to adhere to all sponsorship obligations
- Propose how many nominations you wish to be permitted to make over the SBS term.
An SBS is valid for 3 years or until the agreed number of nominations permitted has been reached (subject to the company adhering to the conditions and its obligations). For new business start ups, the term of the 1st SBS approval is reduced to 1 year.
Does your business qualify? Contact us now to find out.
If the company is an approved Standard Business Sponsor, or if the company has lodged an SBS application they may make a nomination application for a skilled vacant position within the company. The nominated position must:
- Appear on the Consolidated Sponsored Occupation List (CSOL)
- Be a genuine needed position within the business
- Meet the relevant market rate of salary within the proposed location of work
- Have a base rate of pay higher than the Temporary Skilled Migrant Income Threshold (TSMIT)
- Have no less favourable terms and conditions of employment than Australians employed in the same roll.
In addition to this the sponsor must attest that the nominated position contains a substantial majority of tasks listed on ANZSCO for the relevant nominated occupation and that the nominee has the appropriate qualifications and skills to meet the needs of the skilled position.
Contact us now to find out if you can nominate a position within your company.
457 visa application
Once a Sponsorship and Nomination have been approved or lodged, a 457 visa application to employ a skilled overseas worker can be made.
A suitable applicant must:
- Have the relevant qualifications and/or work experience to match the nominated position
- Meet the necessary health and character requirements
- Meet the set English language requirements for the visa
- Maintain adequate health insurance throughout the visa period
If the conditions of the visa continue to be met, a 457 visa is valid for up to 4 years. The 457 visa can also act as a qualifying visa for permanent residency through the Temporary Resident Transition stream of the Employer Nomination Scheme (ENS). It is also possible to include family members in your visa application.
Unsure if you meet the requirements? Contact us to find out now.
Employer Nomination Scheme – ENS
The ENS allows Australian companies to sponsor overseas skilled workers for a permanent visa in a permanent role, or sponsor an existing employee that is on a qualifying temporary visa such as the Subclass 457 visa.
The process consists of two separate applications, the nomination and the visa application.
The company lodging the nomination must:
- Be a lawful and actively operating business that will be the direct employer of the overseas skilled worker
- Have a good business and training record
- Show that it complies with immigration laws and no adverse information is known about the business practices of the entity or any of its office holders.
- Have a position that is available for a minimum period of 2 years and appears on the Consolidated Skilled Occupation List (CSOL)
- Be paying the prospective migrant the market salary rate
Once the nomination has been approved it will need to be used within 6 months from grant or the nomination will expire.
Is your company eligible? Find out now
Once a nomination application has been lodged, an overseas skilled worker can lodge a permanent visa application. There are three pathways or streams to apply under the ENS program:
- The Direct Entry Stream – For applicants that have never or have only briefly worked in the Australian labour market. The applicant must obtain a positive Skills Assessment from the relevant training authority and demonstrate at least 3 years of relevant work experience.
- The Agreement Stream – For applicants being sponsored by an employer who holds a valid labour or regional migration agreement
- The Temporary Resident Transition Stream – For applicants who have worked for the sponsoring employer in the nominated occupation, for at least the previous 2 years as the holder of a 457 Visa.
An applicant will need to demonstrate their eligibility to meet the criteria of one of the pathways and provide the necessary supporting evidence including:
- relevant qualifications or work experience to match the nominated position
- demonstrate that they meet the health and characterrequirements for the visa and
- possess the required English language skills.
Contact us now to find out more regarding the Employer Nomination Scheme
Regional Sponsored Migration Scheme – RSMS
The Regional Skilled Migration Scheme RSMS allows employers to hire overseas skilled migrants on a permanent basis in a regional area where no Australian is available for the role. Applicants can apply from overseas or can be existing temporary visa holders residing in Australia.
The RSMS process consists of a two stage application:
To be eligible to nominate a skilled position to be filled by an overseas skilled worker the business must:
- be an actively and lawfully operating business in regional Australia
- have no known adverse information about the business or office holders
- have a satisfactory record of compliance with Australian immigration and workplace relations laws
- have a need for a paid employee
The nominated position must:
- have tasks and duties listed that are in line with an occupation listed under the Australian New Zealand Standard Classification of Occupations ANZSCO
- provide the nominee with full time employment in regional Australia for a period of at least 2 years
- have no less favourable terms and conditions of employment than those provided under Australian legislation and awards
- be certified by a Regional Certifying Body (RCB)
On lodgement of the nomination, the nominee can lodge an application for permanent residency through RSMS. Generally an applicant must:
- hold a qualifying visa
- have at least a diploma level of tertiary education
- hold the relevant registration, licensing or membership to undertake the nominated position
- be under 50 years of age
- have the required level of English language ability
- be of good health and character
There are limited waivers to the threshold criteria for English language, age and qualifications where applicants can meet the requirements. There is no requirement for a skills assessment under this visa category except for trades occupations.
Do you meet the criteria for a visa through the RSMS? Contact us now to find out.