MIGRATION EMPLOYER

As the name articulates itself, this visa is for a skilled people with some flexibility as compared to independent migration scheme but sponsored by an Australian Employer under different regime.

Temporary Work Visa (Subclass 457)

This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis.

Who is eligible for a Temporary Skilled Visa?

Employers can be either Australian businesses or overseas businesses to make an application. This visa is for employers who would like to employ overseas workers to fill nominated skilled positions in Australia.
With this visa you can employ overseas workers for a period of minimum three (3) months to maximum four (4) years in occupations that appear on the Consolidated Skilled Occupation List (CSOL).

Employer & Position Requirements for the Temporary Skilled Visa

An employer needs to be approved as a sponsor in order to make an application to employ skilled overseas workers.
If you are an employer with a business that operates in Australia, you must meet benchmarks relating to the training of Australian citizens and permanent residents.
Generally you must demonstrate the equivalent of 1% of gross payroll expenditures is or will be spent on training per annum.

If you are an employer with a business that has no formal operating base or representation in Australia, you may apply to bring employees to Australia to do one of the following:

  1. Establish a business operation in Australia
  2. Fulfill obligations for a contract or other business activity in Australia.
  3. Overseas Business Sponsors do not need to be operating in Australia but may need to meet other employer eligibility requirements.
  4. There has been a requirement for sponsors under subclass 457 visa program to attest that they have a strong record of, or a demonstrated commitment to:
  • employing local labor
  • non-discriminatory employment practices

To meet this requirement, there must be nothing adverse known about the business or a person associated with the business.

As an employee, you must meet all the following requirements:

  1. be sponsored by an employer to fill a genuine nominated position
  2. have skills, qualifications, experience and an employment background which match those required for the position
  3. have English language skills equivalent to allow immigration for the position. Passport holders of certain countries do not have to satisfy this requirement
  4. be eligible for any relevant licenses or registration required to allow immigration for the nominated position if necessary.
  5. be able to demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa and at a level consistent with an Australian employee in the Australian labour market

You can apply for this visa while you are in Australia, only if the last visa you held is on the prequalifying list.

Skills Assessment

Australia requires all visa applicants to satisfy the criteria for grant of their visa, thus Subclass 457 visa applicants must satisfy certain skills requirements. Where necessary for safety or to prevent fraud, Australia will undertake more extensive skills assessments to confirm skills claimed by applicants.

Benefits of a Temporary Skilled Visa

With this visa, people you employ from overseas can:

  1. work in Australia for a period of minimum three (3) months and maximum four (4) years whereas (12-18 months when nominated by a start up business)
  2. bring any eligible secondary applicants with them to Australia – secondary applicants can work and study
  3. after entering Australia have no limit on the number of times they travel in and out of Australia.

Employer Nomination Scheme (Subclass 186)

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia. This visa is for Australian employers who want to sponsor highly skilled workers for a permanent visa to work in their business. The employee can be either a highly skilled worker from overseas or a highly skilled temporary resident currently in Australia to get sponsored.

Who is eligible for the Employer Nomination Scheme?

Visa applicants who currently are in or outside of Australia and have a prospective sponsor can apply for sponsored Visas
Employer & Position Requirements for the Employer Nomination Scheme
To participate in the Employer Nomination Scheme, the employer must:

  1. be actively and lawfully operating a business in Australia
  2. have a genuine need for a paid employee to fill a position in their business
  3. follow all relevant Australian laws and have a satisfactory record of meeting immigration laws (if applicable)
  4. have met training benchmark requirement
  5. provide the employee with an offer of permanent employment

The nominated position must meet the following requirements:

  1. be full-time paid employment, ongoing and available for at least 2 years from the date of visa grant
  2. provide working conditions that are no less favorable than provided for under the relevant Australian legislation and awards
  3. be a highly skilled occupation that is on the Consolidated Sponsored Occupation List (CSOL) and it must meet the minimum salary level for ENS.

Benefits of an Employer Nomination Scheme Sponsored Visa
This visa allows you and any dependent family members included in your visa application to live as permanent residents in Australia.

Regional Sponsored Migration Scheme (Subclass 187)

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees who are foreign nationals for a permanent visa to work in Australia.

Who is eligible for the Regional Skilled Migration Scheme?

The employees applying for a visa can be either of the following:

  1. Skilled workers from overseas
  2. Skilled temporary residents currently in Australia
  3. Visa applicants can apply in or outside of Australia.

Note: ONLY applicants who hold a substantive visa or relevant bridging visa when applying for the RSMS visa in Australia will be eligible for a bridging visa.

Other Requirements for the Regional Skilled Migration Scheme

Direct Entry
A regional certifying body must first certify the nominated position against the following criteria:

  1. Business must be actively and lawfully operating in Regional Australia
  2. The position must be available for a minimum of two (2) years
  3. The business requires a person for the nominated position and satisfies the market rate requirement

In addition to the above, the immigration department will also assess the application against the following criteria:

  1. the nomination has been approved by the relevant Regional Certifying Body
  2. the business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
  3. the nominated position is in a business operated by the employer
  4. the position is being remunerated in accordance with relevant workplace legislation and awards.

The Employee must:

  1. have the relevant qualifications and/or work experience for the nominated position which are equivalent to the Australian standard (Skills Assessment may be required in some circumstances)
  2. meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training
  3. 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)
  4. be under 50 years old
  5. have Competent English language ability

Note: Exemption of certain requirements is available.

Temporary Residence Transition stream

If you have already worked for your nominating employer for two years in Australia, your skills do not need to be assessed.
You must have at least vocational English. No Regional Certification is required for this stream.
This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

Benefits of the Regional Skilled Migration Scheme

This visa allows employers operating in regional and low population growth areas of Australia (Perth (WA), NSW, VIC, and other States and Territories) to sponsor skilled workers to fill skilled vacancies in their business.

Training and Temporary Activity Visa (Subclass 407 and 408)

This visa allows you to take part in structured workplace-based training to enhance your skills in your current occupation, area of tertiary study, or field of expertise, participate in a professional development training program in Australia after being invited to do so, or observe or participate in an Australian research project after being invited to do so..

If you are intending to undertake occupational training or participate in classroom based professional development programme, you may apply for Training visa (subclass 407). In addition, you may apply Temporary Activity visa (subclass 408) if you are an academic who is invited to collaborate in a research project, a student or recent graduate who wants to undertake a research activity related to your field of study, and an elite sportsperson participating in high level sports training.

MIGRATION TEAM – OZ CONSULTANCY

Australian Education, Migration and Business Consultants