Work Visas

Australian Work Visas

Australia is facing a shortage of skilled workers across a wide range of industries. There are a variety of permanent and provisional visas, which lead to permanent visa categories available to skilled workers.

Temporary Skills Shortage (subclass 482) visa is designed to enable employers to address labour shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian. For your consideration, you can find the skilled occupation list for who are eligible under the subclass 482 visa programme on the Immigration Department’s website here.

The subclass 482 visa is the most commonly used programme for employers to sponsor overseas workers to work in Australia on a temporary basis.This type of the visa allows businesses to employ overseas workers for up to 4 years in skilled occupations only.

Subclass 482 visa holders can:

  • work in Australia for a period of between one day and up to 4 years;
  • bring any eligible dependants with them to Australia – dependants can work and study;
  • after entering Australia, have no limit on the number of times they can travel in and out of

There are 3 processing stages in sponsoring an employee from overseas under the subclass 457 visa programme:

1) Sponsorship

The employer applies for approval as a standard business sponsor.

2) Nomination

The employer nominates an occupation for a prospective or existing subclass 482 visa holder.

3) Visa application

The person nominated to work in the nominated occupation applies for the subclass 482 visa. This is the final step to obtaining a subclass 482 visa.

Employer

For Employer, who is lawfully operating business either in or outside of Australia, may seek to sponsor an overseas skilled worker under the subclass 482 visa programme. In this case, Employer must lodge an application with the Department to become an approved standard business sponsor. Then Employer must nominate a position to be filled.

It is possible for Employer lodge a nomination application indicating the nominated position within business for the proposed overseas skilled worker and lodge application for standard business sponsorship approval at the same time.

Employee

If you are an overseas skilled worker, and have been nominated by a business that is an approved standard business sponsor that is lawfully operating either in or outside Australia, you can apply for a subclass 482 visa.

This is a general information of TSS Visa. We highly recommend you to make an appointment with Australia Visa Choice to discuss your particular circumstances.

Work Permanently in Australia – Employer Sponsored Visas (subclass 186 & 187)

Regional Sponsored Migration Scheme (subclass 187)

This visa program offers a direct pathway to permanent residency for those applicants who are either skilled applicants from overseas or already residing in Australia on a temporary visa.

The Regional Skilled Migration Scheme is of particular benefit to business owners in regional Australia as it allows the employer to nominate skilled foreign workers and employ them on a full time permanent basis.

Application Process

This type of visa is known as a subclass 187 and the application process involves two stages:

  1. The employer lodges a nomination application; and
  2. The nominated worker lodges a visa application.

Employer Criteria

An employing entity must satisfy the following criteria:

  • The business must be lawfully operating in Australia;
  • The employer must demonstrate there is a need to fill the position;
  • The employer must pay and treat the nominated person (employee) no less favourably than an Australian citizen or Australian permanent resident performing the same work;
  • The employer commits to employing the nominated person (employee) on a full-time basis for a period of two years;
  • The employer must demonstrate that the position cannot be filled locally by either an Australian citizen or permanent resident;
  • The employer complies with relevant workplace relations laws;
  • The nominated position is located in a regional area of Australia;
  • The nominated position must be listed as an occupation at skill level 1 to 3 as set out in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as published by the Australian Bureau of Statistics; and
  • The Regional Certifying Body has approved the nomination.

Application Streams

The most common RSMS visa applications can be made using one of the following streams:

1) Direct Entry Stream

Direct Entry Stream is a pathway for visa applicants who are either overseas or in Australia when they apply but are not eligible to apply under the Temporary Residence Transition Scheme.

The visa applicant must satisfy the following criteria if nominated under the Direct Entry Stream:

  • The applicant can either be in or outside of Australia at the time of application. If in Australia the applicant must hold an Australian substantive visa or a relevant Bridging visa;
  • Demonstrate that they are suitably qualified to hold the position they have been nominated for;
  • Demonstrate that they hold any necessary registration or licensing associated with the nominated position (if applicable);
  • Demonstrate that they meet the character and health requirements;
  • Demonstrate that they are under 45 years of age (unless exempt); and
  • Demonstrate that they have competent English ability (unless exempt). (Current IELTS test score requirements to satisfy competency is “6” in each of the four test components).

2) Temporary Residence Transition Stream:

Temporary Residence Transition Stream is for those visa applicants who currently hold a 457 visa and have worked for their current sponsor in their nominated position for two years.

The visa applicant must satisfy the following criteria if nominated under the Temporary Residence Transition Stream:

  • Demonstrate that they have worked for their current sponsor on a 457 visa in their nominated position for a period of two years;
  • Demonstrate that the new nomination is the same as their nominated 457 occupation;
  • Demonstrate that they have at least vocational English ability (unless exempt). (Current IELTS test score requirements to satisfy vocational English is “5” in each of the four test components.);
  • Demonstrate they meet the character and health requirements; and
  • Demonstrate that they are under 45 years of age (unless exempt).

It is important to note that Regional Certification is not required for the Temporary Residence Transition Stream but the employer must demonstrate that they have met and continue to meet the training requirements of a standard 482 business sponsor.

Employer Nomination Scheme (subclass 186)

The Employer Nomination Scheme (ENS) allows business owners to nominate skilled foreign workers who are either overseas or already in Australia and employ them on a full-time basis. Unlike the RSMS, this type of visa allows workers to be nominated anywhere in Australia.

An employing entity must satisfy the following criteria:

  • The business must be lawfully operating in Australia;
  • The employer must demonstrate there is a need to fill the position;
  • The employer must pay and treat the nominated person (employee) no less favourable than an Australian citizen or Australian permanent resident performing the same work;
  • The employer commits to employing the nominated person (employee) on a full time basis for a period of
    two years;
  • The employer must demonstrate that the position cannot be filled locally by either an Australian citizen or permanent resident; and
  • The employer complies with relevant workplace relation laws.

 Additional specific requirements for (ENS) are:

  1. The nominated position must relate to an occupation that is included on the Consolidated Sponsored Occupation List (CSOL).
  2. The nominated employer will need to prove that they provide training to Australians and meet the necessary training benchmarks.

This is a short information about Employer Sponsored Visas. Everyone has a different circumstances and Australia Visa Choice highly recommend you to make an appointment to discuss the best options in your particular case.

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