EMPLOYER VISAS

  • Australia is a country of diverse landscapes and diverse cultures. We enjoy a high quality of life and Australia provides many opportunities to anyone willing to 'have a go'.
  • If you like the idea of Australia's climate and lifestyle and are looking for a career challenge in a country with lots of opportunities - take the next step to find out more about the visas that permit you to work in Australia.
  • A visa entitling you to work will give you the opportunity to work and live in Australia as a temporary or permanent resident.

Temporary Work (Skilled) visa (subclass 457)

If you would like to be sponsored between 1 day to four years, you may be eligible for the Temporary Work (Skilled) visa (subclass 457).

  • Your employer must be approved as a sponsor and nominate your position before you can be granted your 457 visa.
  • The Temporary Work (Skilled) (subclass 457) visa is designed to enable employers to address labour shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian.
  • You can find the list of occupations that are eligible under the subclass 457 visa programme on the department’s website Subclass 457 Visa Legislative Instruments

The subclass 457 visa is the most commonly used programme for employers to sponsor overseas workers to work in Australia on a temporary basis. The overseas worker can be employed for up to 4 years on a 457 visa

A 457 visa allows an overseas worker to:

  • work in their nominated position in Australia for up to four years
  • bring eligible family members with them to work or study in Australia
  • travel in and out of Australia as often as they want, subject to their employer’s approval.
  • As the holder of a 457 visa, you may be eligible to apply for a permanent visa after two years of employment in Australia if you satisfy particular criteria.

The 457 visa category involves three stages Sponsorship, Nomination and the Visa application.

Sponsorship

  • sponsor someone for a 457 visa, your business must first apply and be approved as a Standard Business Sponsor.
  • Your business will need to satisfy certain requirements prescribed by the Migration Act and regulations, including:
  • you must have applied in the correct manner. This means you must have completed the correct form and paid the correct fee
  • you must be lawfully operating a business in or outside Australia
  • you must indicate the number of positions you wish to nominate over the term of your approved sponsorship
  • if you are lawfully operating a business in Australia and you have traded for 12 months or more you must meet the prescribed training benchmark
  • if you are lawfully operating a business in Australia and you have been trading for less than 12 months, you must have an auditable plan to meet the prescribed training benchmark Temporary Work
  • if you are lawfully operating a business in Australia, you must attest, in writing, that you have a strong record of, or a demonstrated commitment to, employing local labour
  • if you are lawfully operating a business overseas but not in Australia, you must be seeking to be approved as a standard business sponsor with the intention of sponsoring a person under the subclass 457 visa programme to either: –
    • establish, or assist in establishing, on your behalf, a business operation in Australia with overseas connections, or
    • fulfill, or assist in fulfilling, your contractual obligation
    • there is no adverse information known to the department about you, or a person who is associated with you. The department may disregard any adverse information if it is satisfied that it is reasonable to do so
  • if you are lawfully operating a business in Australia, and have previously been approved as a standard business sponsor, that you have fulfilled any commitments you made in meeting the training requirements during the period of your most recent approval as a standard business sponsor
  • you must not have recovered, transferred or taken any action that would result in another person paying costs associated with you becoming a sponsor or recruiting a proposed visa holder.
  • Please note that the above list is not exhaustive and other criteria may apply

Once your business’ application to become a Standard Business Sponsor has been approved, the Sponsorship agreement with the Department of Immigration is generally valid for five years.

  • Start-up businesses will only be approved for 18 months and will need to renew their agreement prior to the expiration of their agreement if they wish to continue sponsoring an overseas worker.
  • A company can also sponsor an overseas worker by entering into a Labour Agreement with the Australian Government.
  • Please consult us for more details regarding Labour Agreements.

Nomination
Nominating a position is the process by which an approved sponsor identifies a position to be filled by an overseas skilled worker.

  • The Sponsor must then nominate the overseas worker in an occupation from the Consolidated Sponsored Occupation List.
  • A 457 Nomination application must satisfy prescribed criteria, including that:
    • there is a genuine need for the position to be filled within the business
    • the position offered is usually required to be full-time
    • the base salary offered is not less than the Temporary Skilled Migration Income Threshold (TSMIT) which is currently A$53,900/year, and is at market rate
    • the terms of employment are no less favourable than those that would apply to an equivalent Australian worker
    • if the occupation is not exempt, the Sponsor must demonstrate that they have undertaken labour market testing for the nominated position.
  • Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

Visa Application
The person nominated to work in the nominated occupation applies for the subclass 457 visa. This is the final step to obtaining a subclass 457 visa.

  • You can apply for a 457 visa from outside Australia, and from inside Australia so long as you do not have a ‘No Further Stay’ condition on your Australian visa and you meet any other requirements for your onshore application.
You must demonstrate that you satisfy prescribed criteria, including that you:
  • possess the necessary skill level to carry out the duties and responsibilities of the nominated position, including being able to meet any required registration or licensing requirements to work in your nominated occupation
  • meet English language requirements, unless you meet certain exemptions
  • will have health insurance as the holder of a 457 visa in Australia
  • meet health and character requirements.
  • Please note that other criteria may apply hence please consult us for more details.
  • If you include a family member in your 457 application, they must also show that they will have health insurance as the holder of a 457 visa in Australia and meet health and character requirements.

Benefits and common issues with a 457 visa application

  • The 457 visa is a popular option for employers because it allows overseas workers to be recruited relatively quickly and at low cost.
  • However, the requirements to obtain a 457 visa are prescriptive and there are numerous obligations for a business that sponsors someone for a 457 visa.
  • It is important to seek advice about whether the 457 visa is the right fit for your business and your employees.
  • We can assist you with many of the common issues that arise when applying for a 457 visa including showing that:
    • your business meets the training requirements
    • the offered salary is at market rate
    • the overseas worker has the qualifications, experience and English level for the nominated position.
  • Our experienced Registered Migration Agents can ensure that you successfully obtain a 457 visa within the time that it is required.
  • Please contact us to speak with our consultants today.

Employer Nomination Scheme (ENS) Permanent visa (subclass 186)

The Employer Nomination Scheme is a permanent residency visa for a person who wishes to move to Australia permanently and has been offered a permanent role in a business in Australia.

Sub Class 186 visa allows an overseas worker to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia's health care scheme
  • apply for Australian citizenship once they 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).

The Employer Nominated Visa has three streams:

  • Temporary Residence Transition stream: For the primary holder of a 457 visa who has been working full-time in Australia with the employer that wishes to sponsor them for at least two years, and has been offered a permanent contract for two years or more in their nominated occupation with the sponsoring company.
  • Direct Entry stream: For someone who is ineligible for the Transition stream or who is applying from outside Australia, and who can demonstrate that they satisfy the requisite Skill and English levels for this visa (which are higher than for the Transition stream). The person has also been offered a permanent contract for two years or more in their nominated occupation with the sponsoring company.
  • Agreement stream: For a person sponsored by an employer through a Labour Agreement. Please consult us for more details regarding this stream.

The Employer Nominated Visa involves two stages:
Nomination

Transition and Direct Entry streams – common criteria
A subclass 186 Nomination application in the Transition and Direct Entry streams must satisfy prescribed criteria, including that:
  • the sponsoring company has met certain training requirements
  • the nominated position is full-time, available for at least 2 years after the grant of the 186 visa
  • the terms of employment are no less favourable than those that would apply to an equivalent Australian worker, including the base salary at market rate
  • the sponsoring company is actively and lawfully operating in Australia
  • there is no relevant adverse information against the sponsoring company
Direct Entry stream – additional criteria
If nominating within the Direct Entry stream, the sponsoring company must also:
nominate the overseas worker in an occupation from the current CSOL List
  • show there is a genuine need for the position
  • show that the position is under the direct control of the business.
  • Please note that the above lists are not exhaustive and additional criteria may apply

Visa Application

Transition and Direct Entry streams – common criteria
A visa applicant in both the Transition and Direct Entry streams must demonstrate that they satisfy prescribed criteria, including that they:
  • have not turned 50, unless certain exemptions apply
  • meet, or are eligible to meet, the registration, licensing or membership requirements if same is required for their position in Australia
  • meet English language requirements, unless certain exemptions apply
  • meet health and character requirements.
Direct Entry stream – additional criteria
If you are applying within the Direct Entry stream, you must also:
  • have a skills assessment for your nominated occupation and at least 3 years’ experience in your nominated occupation, unless certain exemptions apply
  • note that the requisite English level is higher than for the Transition stream
  • You are able to include family members in your 186 visa application if they satisfy particular criteria.
  • Please contact us for more details.

Benefits and common issues with a 186 visa application, and how we can help you

  • A 186 visa is often used where an overseas worker is already employed in the business on a subclass 457 visa, but it should also be considered for hiring new staff because a 186 visa does not impose sponsorship obligations on the sponsoring employer.
  • The requirements to obtain the permanent 186 visa can be quite onerous
  • It is important to seek Migration advice to ensure you meet the requirements for an ENS visa as an application refusal will result in significant wasted time and costs.
  • Some of the common difficulties that you may face with a 186 visa application include:
    • showing that the business meets the training requirements, particularly if you are applying in the Temporary Residence Transition stream
    • obtaining a positive skills assessment for an applicant in the Direct Entry stream, as each skills assessing authority has different criteria
    • where an applicant does not meet the usual requirements for age, skill level and English, demonstrating that exemptions apply.
  • We have the years of expertise to provide you with strategic advice on how to address all of the requirements for an ENS visa.
  • We also provide streamlined services so that the process is clear and straight-forward on your end.
  • Please contact us today if you would like to speak to one of our experienced Registered Migration Agents.

Regional Sponsored Migration Scheme visa (subclass 187)

  • The RSMS is a permanent residency visa for a person who has been offered a permanent role in a business located in a regional, remote or low population growth area of Australia.
  • The RSMS covers all of Australia apart from Sydney, Newcastle, Wollongong, Melbourne, Brisbane and the Gold Coast. Check the current DIBP list of RSMS-eligible postcodes.
  • The RSMS visa is similar to an Employer Nominated Visa , including granting similar rights if the applicant is successful.
  • The main difference between the two visas is that the sponsoring employer’s business and the nominated position must be located in a regional area, as discussed above.

Sub Class 187 visa allows an overseas worker to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia's health care scheme
  • apply for Australian citizenship once they 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).

Please note that your 187 visa application requires you to declare that you have the intention to work for your sponsoring employer in your nominated position in a regional area for at least 2 years from the date your visa was granted to you.

The RSMS visa has three streams:

1. Temporary Residence Transition stream: For the primary holder of a 457 visa who has been working full-time in Australia with the regional employer that wishes to sponsor them for at least two years, and has been offered a permanent contract for two years or more in their nominated occupation with the sponsoring company.

2. Direct Entry stream: For someone who is ineligible for the Transition stream or who is applying from outside Australia, and who can demonstrate that they satisfy the requisite English level for this visa (which is higher than for the Transition stream). The person has also been offered a permanent contract for two years or more in their nominated occupation with the regional sponsoring company. The sponsoring company must obtain a Regional Certifying Body advice and should do so prior to lodging the Nomination application.

3. Agreement stream: For a person sponsored by an employer through a Labour Agreement. Please consult us for more details regarding this stream.

The Regional Sponsored Migration Scheme visa involves three stages:

Regional Certifying Body – RCB Certification
  • You must obtain advice from a regional certifying body about the position you want to fill.
  • You can attach the advice before or after you lodge an employer nomination application online.
  • You may have to pay a charge to obtain advice from certain regional certifying bodies for the position you want to fill.
  • Please contact the relevant regional certifying body for more information.
  • Regional certifying bodies are a diverse network of state and territory government agencies, local chambers of commerce, local government councils and regional development bodies.

A nomination made under the RSMS Direct Entry stream cannot be approved by the department unless a regional certifying body has provided their advice in regard to the application.

  • The advice provided by a regional certifying body is intended to ensure all RSMS Direct Entry stream nominations have been scrutinised by a third party who is familiar with local labour market conditions and who may be able to provide information on regional matters which the department may not be aware of.
  • The regional certifying body assesses the nomination against the following criteria:
    • there is a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in a regional area of Australia
    • the terms and conditions of employment are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location
    • the nominated position cannot be reasonably filled from the local labour market.

RSMS – Nomination
You can nominate a skilled worker for this visa if:

  • you actively and lawfully operate a business in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • you have a genuine need for a paid employee to fill a skilled position
  • you offer a skilled position in the applicant's field that is full time and ongoing for at least two years
  • you pay a market salary rate
  • you comply with Australian immigration and workplace relations laws
  • there is no adverse information known about your business or any person associated with your business.
  • You must nominate the applicant in one of the three streams and meet the requirements of that stream.

Temporary Residence Transition stream
Use this stream if you have already sponsored the applicant for a Temporary Work (Skilled) visa (subclass 457):

  • You are not subject to a labour agreement.
  • The employee must have worked in the same nominated position in your business, as the primary visa holder of a Temporary Work (Skilled) visa, for at least two years before the nomination is lodged.
  • The nomination must identify an occupation (for the position) that is listed in the Consolidated Sponsored Occupations List and has the same four-digit occupation unit group code as the occupation being carried out by the employee
  • The nominated position must be full time, ongoing and available for at least two years and be consistent with the position in which the applicant has already worked in your business, unless the person nominated was previously nominated for their subclass 457 visa on the basis of performing an occupation mentioned by the Minister for Immigration in an instrument in writing (certain medical occupations).
  • You must have met the subclass 457 training requirements in each year you have been a standard business sponsor.
Direct Entry stream
There are numerous benefits to a Nomination application within the Direct Entry stream for a RSMS visa, in comparison with an ENS visa, including:
  • the sponsoring company does not need to show that it meets certain training requirements
  • there is a broader list of occupations that can be nominated than for an ENS visa.
  • However, the sponsoring company must obtain an advice from a Regional Certifying Body regarding the nomination. The advice assesses whether:
    • there is a genuine need for the position
    • the position can reasonably be filled from the local labour market; and
    • the terms of employment are no less favourable than those that would apply to an equivalent Australian worker.
The sponsoring company must also show:
  • the nominated position is full-time, available for at least 2 years after the grant of the 187 visa, and there is no exclusion on the possibility of extending the period of employment
  • the terms of employment are no less favourable than those that would apply to an equivalent Australian worker, including the base salary being at market rate
  • it is actively and lawfully operating in Australia
  • there is no relevant adverse information against it, or it is reasonable to disregard this information.
  • Please note that the above list is not exhaustive and other criteria may apply.

Visa Application
Transition and Direct Entry streams – common criteria

A visa applicant in both the Transition and Direct Entry streams must demonstrate that they satisfy prescribed criteria, including that they:

  • have not turned 50, unless certain exemptions apply
  • meet, or are eligible to meet, the registration, licensing or membership requirements if same is required for their position in Australia
  • meet English language requirements, unless they meet certain exemptions
  • meet health and character requirements.
Direct Entry stream of a RSMS visa
There are numerous benefits to a visa application within the Direct Entry stream of a RSMS visa, in comparison with an ENS visa, including:
  • the visa applicant does not need a skills assessment or a minimum number of years’ experience, unless certain trade occupations are nominated and exemptions do not apply.
  • However, the visa applicant must show that they:
  • possess the necessary skill level to carry out the duties and responsibilities of the nominated position
  • possess the necessary English level (which is higher than for the Transition stream), unless English language exemptions apply.
  • You are able to include family members in your 187 visa application if they satisfy particular criteria.
  • Please consult us for more details.

Benefits and common issues with a 187 visa application, and how we can help you

  • If your business is located in a regional, remote or low population growth area of Australia,
  • the 187 visa provides you with significant concessions in terms of the criteria that you and your employee must satisfy before your employee can obtain the visa, particularly in the Direct Entry stream.
  • However, some of the common challenges with obtaining a RSMS visa include:
    • for an application in the Temporary Residence Transition stream, showing that the business meets the training requirement
    • for an application in the Direct Entry stream, obtaining a Regional Certifying Body advice that is helpful to a subclass 187 nomination.

We have significant experience with Regional Certifying Body advices and RSMS visas in both the Transition and Direct Entry streams.

If you are interested in applying under RSMS, please call us to arrange a consultation today with one of our experienced Registered Migration Agents.

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Brian, CEO and Managing Director

Level 2, Suite 206-210,
227 Collins St, Melbourne
Victoria, Australia
Mobile No : 0414 907705
Email : nikeegroup@eftel.net.au