Employer Sponsored Visas

Australia has long been classified as the land of opportunity and Australians hold one of the highest life expectancies and life satisfaction levels in the world. This, in addition to the extensive employment opportunities available here are the reason why many foreigners choose to live and work in Australia.

You may be eligible to migrate to Australia through the General Skilled Migration (GSM) program. To be eligible for this program, you must hold a distinct set of skills and capabilities that would enhance the Australian economy and workforce. The occupation you are applying for must also be a listed occupation on the Australian Skilled Occupation List (SOL).

In addition to this, you must be in a specific age range, have sufficient English language ability and have recent skilled work experience or an eligible recently completed Australian qualification. Once assured that you have the appropriate qualifications, you can obtain employment sponsorship through an employer or a secured nomination.

Temporary Work (Skilled) (Subclass 457) Visa

The Temporary Work (Skilled) (Subclass 457) Visa is a Temporary Work Visa valid for up to four years that allows the applicant to work for an approved employer on a full-time basis and also travel in and out of Australia during the visa validity period.

If the applicant works for their sponsoring employer for two years or more they may be eligible to apply for permanent residency through the Employer Nomination Scheme (ENS). However, this is subject to changes in law and is also dependent on the sponsor complying with their obligations.

There are generally three stages involved in the lodgement of a Subclass 457 Visa:

1.

Business to apply for Standard Business Sponsorship (SBS). As part of this, the sponsor must demonstrate:

  • That they are approved to employ overseas workers to work in Australia; and
  • That they meet the training activity requirements set out by the Department of Immigration (unless they are an offshore sponsoring entity); and
  • That there is a properly established business structure; and
  • That the business is in a sound financial position.
2.

Business to file a nomination application for the applicant. As part of this, the sponsor must demonstrate:

  • That there is a need to employ a temporary overseas worker;
  • That they will be paid a salary that is in accordance with the market salary of an equivalent Australian worker and no less than the current Temporary Skilled Migration Income Threshold (TSMIT). The contract of employment must also be in accordance with Fair Work Australia;
  • That the terms and conditions of employment offered are equivalent to an Australian citizen or permanent resident of Australia.
3.

Applicant to lodge a Subclass 457 Visa application. As part of this, the applicant must ensure they:

  • Have the relevant skills and qualifications;
  • Have been nominated by an approved business in an eligible occupation;
  • Have the required level of English for their occupation;
  • Hold the appropriate licensing and registration as required;
  • Be a person of good character and health and hold adequate health insurance;

Successful applicants and holders of a Temporary Work (Skilled) (Subclass 457) visa are granted temporary residency in Australia, allowing them and their families to:

Work in Australia for a defined period of time (usually four years);

Bring members of their family unit to work or study in Australia;

Travel in and out of Australia as ​often as they want.

Employer Nomination Scheme (Subclass 186) Visa

The Employer Nomination Scheme (ENS) Subclass 186 Visa is a permanent visa allowing Australian employers to sponsor highly skilled workers to live and work in Australia.

This visa was designed to address the skills shortages in specific occupational areas in Australia and requires the applicant to meet relevant skills, qualifications and/or work experience needed to fill this gap.

This visa consists of three different streams:

Temporary Residence Transition Stream – For holders of a 457 Visa who have worked for their employer for at least two out of the three years (before the nomination is made) in the same nominated occupation, where the employer now wants to offer a permanent position.

Direct Entry Stream – For applicants that have not held a 457 visa for at least two years but still have substantial skills, experience and required English speaking capabilities of their nominated position.

Agreement Stream – For applicants that will be sponsored by an employer through a negotiated labour or regional migration agreement.

This visa consists of two main stages:

1.

The employer to make a nomination application. As part of this, the employer must demonstrate:

  • That the business is active and lawfully operating in Australia;
  • That there is a genuine need to employ an overseas worker;
  • That they have met essential training requirements;
  • That an ongoing and full time position is available for at least two years;
  • That the employee will be paid a salary that is in accordance with the market salary of an equivalent Australian worker;
  • That the terms and conditions of employment offered are equivalent to an Australian citizen or permanent resident of Australia;
  • They will nominate the applicant in one of the three streams and meet the requirements of that stream;
2.

The applicant to apply for an Employer Nomination Scheme (Subclass 186) Visa. As part of this procedure, the applicant must demonstrate that they:

  • Have been nominated by an approved Australian employer within six months before they apply;
  • Are under the age of 50 at the time of application, if they are applying under the Temporary Residence stream, or are under the age of 45 if they are applying under the Direct Entry stream;
  • Have the required skills and qualifications for the position;
  • Hold appropriate registration or licensing (or both);
  • Have appropriate English language skills (dependent of stream);
  • Meet health and character requirements;
  • Meet the requirements of the stream they apply for (Temporary Transition, Direct Entry or Labour Agreement);

Note: Applicants may access exemptions for the age, skills and English language
criteria on a case by case basis depending on the occupation, salary and past work experience.

Successful applicants and holders of an Employer Nomination Scheme (Subclass 186) Visa are granted permanent residency in Australia. This will allow you and your eligible family members to:

Stay in Australia indefinitely;

Work and study in Australia;

Enrol in Medicare, Australia’s scheme for health-related care and expenses;

Apply for Australian citizenship (if you are eligible);

Sponsor eligible relatives for permanent residence;

Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a Resident Return Visa or another visa to return to Australia).

Regional Sponsored Migration Scheme (Subclass 187) Visa

The Regional Sponsored Migration Scheme (Subclass 187) Visa is a permanent visa allowing Australian employers to sponsor highly skilled workers to live and work in regional areas of Australia.

This visa was designed to address the skills shortages in specific occupational areas in regional Australia and requires the applicant to meet relevant skills, qualifications and/or work experience needed to fill this gap.

The employer’s business, as well as the nominated position, must be located in a regional area. The "Regional Areas" generally cover all of Australia except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong and Melbourne. Click Here for a list of eligible postcodes.

This visa consists of three different streams:

Temporary Residence Transition Stream – For holders of a 457 Visa who have worked for their employer for at least two out of the three years (before the nomination is made) in the same nominated occupation, where the employer now wants to offer a permanent position. In this case, no Regional Body Certification is required and an English level of IELTS 5 or equivalent is required.

Direct Entry Stream – For applicants that have not held a 457 visa for at least two years but still have substantial skills, experience and required English speaking capabilities of their nominated position. The position will need to be certified by a Regional Certifying Body, and the employee will need English level equivalent to IELTS 6. Certain applicants may require a formal skills assessment.

Agreement Stream – For applicants that will be sponsored by an employer through a negotiated labour or regional migration agreement. Also applicable if you are applying directly from outside Australia.

This visa consists of three main stages:

1.

The employer to obtain a Regional Body Certification which ensures the nomination meets mandatory criteria, including labour market testing, duration of contract, remuneration and other critical factors. The Regional Certifying Body (RCB) checks if the position is in high demand in the specified regional area and if it is suitable for the business.

2.

The employer to make a nomination application. As part of this, the employer must demonstrate:

  • That the business is active and lawfully operating in Australia;
  • That there is a genuine need to employ an overseas worker;
  • That they have met essential training requirements;
  • That an ongoing and full-time position is available for at least two years;
  • That the employee will be paid a salary that is in accordance with the market salary of an equivalent Australian worker;
  • That the terms and conditions of employment offered are equivalent to an Australian citizen or permanent resident of Australia;
  • They will nominate the applicant in one of the three streams and meet the requirements of that stream.
3.

The applicant to apply for a Regional Sponsored Migration Scheme (Subclass 187) Visa. As part of this procedure, the applicant must demonstrate that they:

  • Have been nominated by an approved Australian employer (located in regional Australia) in an eligible occupation;
  • Are under the age of 50 at the time of application, if they are applying under the Temporary Residence stream, or are under the age of 45 if they are applying under the Direct Entry stream;
  • Have the required skills and qualifications for the position;
  • Hold appropriate registration or licensing (or both);
  • Have appropriate English language skills (dependent of stream);
  • Meet health and character requirements;
  • Meet the requirements of the stream they apply for (Temporary Transition, Direct Entry or Labour Agreement);

Note: Applicants may access exemptions for the age, skills and English language
criteria on a case by case basis depending on the occupation, salary and past work experience.

Successful applicants and holders of a Regional Sponsored Migration Scheme (Subclass 187) Visa are granted permanent residency in Australia. This will allow you and your eligible family members to:

Stay in Australia indefinitely;

Work and study in Australia;

Enrol in Medicare, Australia’s scheme for health-related care and expenses;

Apply for Australian citizenship (if you are eligible);

Sponsor eligible relatives for permanent residence;

Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

Australian Immigration Law is complex and constantly changing. For the latest information on this visa, please call our Sydney office on (02) 8625 3505 or get in contact with one of our registered migration agents for further advice.