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Employer Sponsored

Employer Sponsed Migration

Organising sponsorship for overseas employees can be a daunting an time-consuming  task.

As a former employer and contractor in the construction industry I am well aware of the pressures and time-constraints that employers face on a daily basis.

Apart from organising the application forms and supporting documentation, there are many other issues and agencies to deal with, like:

  • Recruitment agencies
  • Regional Certifying Bodies
  • English language tests
  • Inclusion of family members
  • Pay rates
  • Employment contracts
  • Medicals
  • insurance
  • Sponsorship obligations
  • Skills recognition

Below is a brief overview of employer sponsored visas. Please note that not all requirements are listed here and that requirements can change at fairly short notice.

Please contact us for an overview of current requirements and to check  your eligibiklity for any of the employer sponsered visa,either as a sponsor or as an employee..

 

Employer Sponsored Migration (Temporary)Business Long stay sc. 457 

This is a temporary visa for up to 4 years. Applicants can be inside Australia (as   long as they are the holder of a valid, eligible visa) or outside Australia.

  • Processing times are relatively fast.
  • The sc. 457 visa holder can, at a later stage, be sponsored for a permanent visa.
  • There is minimum market salary rate (the rate paid to an equivalent Australian worker for a similar position).
  • The 
  • The sponsor must meet certain training requirements or contribute to an industry training fund.

There are 3 stages tothis visa:

  1. The sponsor applies to become a Standard Business Sponsor (valid for 3 years when approved)
  2. The sponsor then nominates the position he or she wants to sponsor (valid for 12 months when approved).
  3. The nominee applies for his or her visa (valid up to 4 years).

The employer must::

  • meet benchmarks relating to the training of Australian citizens and permanent residents.
  • there must be nothing adverse known about the business or a person associated with the business.
  • attest that they have a strong record of, or a demonstrated commitment to employing local labour and non-discriminatory employment practices.

Overseas business sponsors that have no formal operating base or representation in Australia may apply to bring employees to Australia to establish a business operation in Australia or fulfil obligations for a contract or other business activity in Australia. Overseas Business Sponsors do not need to be operating in Australia but may need to meet other employer eligibility requirements.

The position must:

  • be in the sponsor’s business or related business
  • be in relation to an approved occupation.
  • be on the current list of gazetted occupations for this visa

The employee must:

  • be sponsored by an eligible employer.
  • have skills, qualifications, experience and an employment background which match those required for the position.
  • have demonstrated English language proficiency  ( a score of 5 in all four components of the IELTS test).
  • be eligible for any relevant licences or registration required for the nominated.

 

Regional Sponsored Migration Scheme (Permanent) (Subclass 857/119)

This is a permanent visa is for employers operating in regional and low population growth areas of Australia, who want to sponsor skilled workers to fill skilled vacancies in their business.

There are 3 stages to this visa:

  1. The nomination is submitted to a Regional Certifying Body for certification.
  2.  The employer nominates the position he/she wants to sponsor
  3. The nominee applies for his visa.

The business:

  • must be actively and lawfully operating in regional Australia.
  • there must be a need for a paid employee.
  • the employer's business must be established and actively engaged in the activity for which it is registered in the regional area.

The position:

  •  is a genuine full-time vacancy.
  •  is available for at least 2 consecutive years.
  • requires a person with at least an Australian equivalent trade, diploma or higher qualification.

The employee must:

  • be sponsored by an eligible employer who is operating in regional Australia.
  • have the relevant qualifications for the nominated position, which is at least an Australian equivalent trade, diploma or higher qualification.
  • meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training.
  • have been offered a full time position for a fixed term of at least two years (supported by evidence of a contract or letter of appointment signed by both the employer and the employee).
  • be under 45 years old.
  • have Functional English language ability (a score of 4.5 average over the four components of the IELTS test).

Where the employee cannot meet the skill, language or age requirement an application for an exemption under exceptional circumstances can be made.

 

Employer Nomination Scheme (permanent) (sc. 121/856)

This is a permanent visa is for Australian employers who want to sponsor highly skilled workers for a permanent visa to work in their business.

There are 2 stages to this visa.

  1.  The employer nominates the position that they want to fill and finds a suitable employee who is willing to work for them in Australia.
  2. The employee   accepts the offer of employment from the nominating employer and applies for a visa.

The employer must:

  • be actively and lawfully operating a business in Australia
  •  have a genuine need for a paid employee to fill a position in their business
  • follow all relevant Australian laws and have a satisfactory record of meeting immigration laws (if applicable)
  •  have a current training strategy for existing Australian employees, or if a newly established business, have a training plan for future training of Australian employees
  • provide the employee with an offer of permanent employment.

The position must:

  • be full-time, ongoing and available for at least three years.
  • provide working conditions that are no less favourable than provided for under the relevant .Australian legislation and awards.
  • be a highly skilled occupation that is on the Employer Nomination Scheme Occupation List (ENSOL).
  • meet the minimum salary level for ENS.

The employee must:

  •  be nominated for a position that relates to an occupation listed on the Employee Nomination Scheme Occupation List (ENSOL) .
  •  have his/her skills assessed as suitable for the nominated position by the relevant skills assessing authority.

           and

  • have at least three years full-time work experience in the occupation before the visa application is lodged (unless exceptional circumstances apply).

          or

  • have been nominated to fill a highly paid senior executive position with a salary of more than AUD250 000 per annum (excluding superannuation or allowances).
  • have an employer who is willing to sponsor him/her for permanent residency.
  • demonstrate that he/she has the appropriate skills, qualifications and/or experience to fill the position.
  • meet any mandatory licensing, registration or professional membership requirements that allow you to work unsupervised and without further training.
  • be under 45 years of age.
  • provide a letter of appointment or a contract signed by both the employer and yourself.
  • have Vocational English language ability.

Where the employee cannot meet the skill, language or age requirement an application for an exemption under exceptional circumstances can be made.

 

English skills

Click here for information about English language requirements.

 

Health and character

There are health and character requirements for all visas.