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Employer Sponsored

 

Abolition and replacement of the 457 visa – Government reforms to employer sponsored skilled migration visas

https://www.border.gov.au/Trav/Work/457-abolition-replacement

 


EMPLOYER SPONSORED MIGRATION

Organising sponsorship for overseas employees can be a daunting and 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 often change at short notice.

Please contact us for an overview of all current requirements and to check your eligibility for any of the employer sponsored visas, either as a sponsor or as an employee, depending on your particular personal or business circumstances.

 

TEMPORARY EMPLOYER SPONSORED VISA

 Employer Sponsored Migration (Temporary) Business Long stay Subclass 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 through the Temporary Residence Transition stream (see below for more details).
  • There is minimum market salary rate (the rate paid to an equivalent Australian worker for a similar position).
  • The sponsor must meet certain training requirements or contribute to an industry training fund.

There are 3 stages to this 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,unless the sponsorship ceases beforehand).
  3.  The nominee applies for his or her visa (valid up to 4 years).

The sponsoring employer must:

  • Be a lawfully operating business
  • Meet training requirements.
  • Have no adverse information about it or any of its directors.
  • 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 Consolidated Sponsored Occupations List

The employee must:

  • Be sponsored by an eligible employer.
  • Be able to demonstrate that they have the relevant skills, qualifications and experience to perform the nominated occupation
  • A skills assessment may be required.
  • Have demonstrated English language proficiency ( a score of 5 in all four components of the IELTS test), unless exempt.
  • Be eligible for any relevant licences or registration required for the nominated position.

 

PERMANENT EMPLOYER SPONSORED VISAS

Regional Sponsored Migration Scheme (Permanent) (Subclass 187)

Employer Nomination Scheme (permanent) (Subclass 186)

These visas are for skilled workers from outside Australia or skilled temporary residents who live and work in Australia. It has three streams.

  1. The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position.
  2. The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market.
  3. The Agreement stream is for people sponsored by a employer through a labour or regional migration agreement.

In this overview we will only address the Temporary Residence Transition and the Direct Entry streams.

 

Regional Sponsored Migration Scheme (Permanent) (Subclass 187)

This is a permanent visa  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.  Under the Direct Entry stream the nomination is submitted to a Regional Certifying Body for certification.
  2. The employer nominates the position they want to sponsor.
  3. The nominee applies for his visa.

The Business:

To participate in the Regional Sponsored Migration Scheme, you must:

  • Operate an active and lawful business in regional Australia.
  • Have a genuine need for a paid employee to fill a skilled position under the employer’s direct control.
  • Offer a skilled position in the applicant's field that is full-time and ongoing for at least two years.
  • Provide terms and conditions that are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location.
  • Comply with Australian immigration and workplace relations laws.
  • Have no adverse information against you or your business.
  • Nominate a skilled position. This position must be:
    • an occupation that is classified at skill level 1 to 3 in the Australian and New Zealand Standard Classification of Occupations for Direct Entry stream.
    • consistent or similar to the position sponsored by the Standard Business Sponsor under the subclass 457 visa program for the Temporary Residence Transition stream.
  • Continue (or continue to be committed) to meet the training requirements under the subclass 457 visa program for the Temporary Residence Transition stream.

The Employee:

To apply for this visa, you must:

  • Be nominated by an approved employer who will nominate you for a position in their business in regional Australia.
  • Be younger than 50 years of age.
  • Meet the skills and qualifications requirements.
  • Meet English language requirements.

Temporary Residence Transition stream

If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

  •  You must have at least vocational English.
  • This stream is available only to people who hold a subclass 457 visa.

Direct Entry stream

If you apply for the Direct Entry stream, you must:

  • Have qualification and skills relevant to your nominated occupation.
  •  Have your skills assessed by the relevant assessing authority if you are nominated as a tradesperson and obtained your qualifications outside Australia
  • Have competent English.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

Employer Nomination Scheme (Permanent) (Subclass 186)

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in Australia.

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:

To participate in the Employer Nomination Scheme, you must:

  • Have a genuine need for a paid employee to fill a skilled position under the employer’s direct control.
  • Offer a skilled position in the applicant's field that is full-time and ongoing for at least two years.
  • Provide terms and conditions that are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location.
  • Comply with Australian immigration and workplace relations laws.
  • Demonstrate that training is provided to Australians.
  • Have no adverse information against you or your business.
  • Nominate a skilled position. This position must be:
    • Related to an occupation that is on the Consolidated Sponsored Occupation List

The Employee:

  • To apply for this visa, you must:
  • Be nominated by an approved employer
  • Be younger than 50 years of age
  • Meet the skills and qualifications requirements
  • Meet English language requirements.
  • Temporary Residence Transition stream
  • If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.
    • You must have at least vocational English.
    • This stream is available only to people who hold a subclass 457 visa.
  • Direct Entry stream
    • If you apply for the Direct Entry stream, you must:
    • Provide a positive skills assessment in your nominated occupation.
    • Provide evidence of at least three years of relevant work experience.
    • Have competent English.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

English skills

Click here for information about English language requirements.

 

Health and character

There are health and character requirements for all visas.