Employer Sponsored Visas in Australia enable Australian employers to sponsor or nominate workers to remain in Australia on temporary or permanent basis.
There are two different types of employer sponsorship visas:
- Temporary Employer Sponsorship Visas: Temporary Skill Shortage Visa TSS ( subclass 482) and Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494) and
- Permanent Employer sponsorship Visas: Employer Nomination Scheme (ENS) Visa (subclass 186)
In this section you will find valuable information about the different types of visas.
TEMPORARY Employer SPONSORSHIP OPTIONS
Temporary Skill Shortage Visa TSS (482)
Sponsorship by Australian or overseas businesses
Under this pathway businesses unable to meet the skill needs from within Australia can sponsor intending skill migrants on a temporary basis for up to 4 years. This visa has three streams: (a) Short Term Stream, (b) Medium Term Stream, and (c) Labour Agreement Stream.
There are 3 steps in the application process:
- Sponsorship
- Nomination
- Visa application
Sponsorship
The business willing to sponsor overseas worker needs to be approved as a Standard Business Sponsor. To be successful in the application for Standard Business Sponsorship, employers are required to demonstrate that the business is legally established and currently operating, that the business is committed to employ local labour and the business will not engage in discriminatory recruitment practice. K Group Legal will personally meet with the Australian Employer and provide any documentation required for the process. We will compile and professionally submit the application to the Department of Immigration.
Nomination
Employers need to nominate each of the positions they wish to fill. Before sponsoring an overseas worker, the Nominator is required to test Australian labour market unless an exemption applies, pay Skilling Australians Fund (SAF) levy to the Australian Government, and pay annual market salary rate to the nominee. Certain occupations are subject to caveat requirements and it is imperative that the nominated position complies with the requirement. The Nomination requirements are very comprehensive and K Group Legal will provide the information required to both the Australian company and the nominee to ensure that a comprehensive application is submitted which has a higher prospect of success.
Visa Application
The last stage in this process involves the applicant to lodge the visa application. The applicant will need to demonstrate that they have the skills, qualifications and employment background applicable to the nominated occupation. Other criteria need to be met and K group Legal will provide the required information to the applicant and will professionally compile and submit the decision ready application which are processed more quickly.
Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa
This visa is appropriate for the skilled workers who have a company in a designated regional area in Australia willing to sponsor them. This visa can lead to permanent residency via the subclass 191 visa to be released in November 2022.
This visa has two streams: (i) Employer Sponsored stream, and (ii) Labour Agreement stream.
Basic Eligibility:
You must:
- be nominated by an approved work sponsor
- have an occupation on a relevant skilled occupation list
- have a suitable skills assessment for the occupation
- be under 45 years of age
- meet minimum standards of English language proficiency
- have at least 3 years relevant work experience in your nominated occupation
- work only for your sponsor or associated entity, unless an exemption applies
- be under 45 years of age, unless an exemption applies
- meet minimum standards of English language proficiency
There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.
With this visa, you can
- live, work and study only in designated regional areas of Australia for 5 years
- travel to and from Australia for 5 years
- if eligible, apply for permanent residence after 3 years from the time your visa is granted
VISA APPLICATION PROCESS:
There are 3 steps in the application process:
- Sponsorship: The sponsoring company must be established as a sponsoring employer through the Standard Business Sponsorship application.
- Nomination: The sponsoring company nominates a position in the business for an occupation on the approved skills list. RCB approval is required.
- Visa application: The applicant applies for the visa.
Labour Agreements (LA):
Labour Agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified emerging skill shortages in the Australian labour market.
An agreement needs to be negotiated and Labour Agreements process involves three steps:
- Acceptance of the Labour Agreement
- Nomination by the employer
- Nominee’s application for a visa
Permanent Employer SPONSORSHIP OPTIONS:
Employer Nomination Scheme (ENS) (subclass 186) visa
Employer Nomination Scheme (ENS) (subclass 186) enables Australian employers to recruit on a permanent basis, highly skilled staff from overseas when they have been unable to fill a vacancy from within the Australian labour market.
The visa has two streams:
The Temporary Residence Transition (TRT) stream
The Direct Entry stream
The ENS Direct Entry stream has 2 to distinct stages:
- Nomination by the employer
- Nominee’s application for visa
Nomination by the employer
The employer will need to demonstrate that they have a genuine need for a paid employee in their business. To demonstrate that there is a genuine need for a paid employee in the business, it is essential to prepare a submission highlighting company’s financial position, labour market testing, training program, the need for the nominee in the business. This visa is extremely comprehensive and detailed. K Group Legal will provide all the necessary information required for this stage of the application and compile and submit as required by the Department of Immigration.
Nominee’s visa application
The nominee needs to prove that they have the skills, qualifications, English language skill, and employment background pertaining to the position sought by the Australian company. The visa applicant is required to demonstrate that they meet the definition of a ‘highly skilled person, will ensure that all the criteria is met. K Group Legal will provide all the necessary information required for this stage of the visa application and compile and submit as required by the Department of Immigration.
K Group Legal is vastly experienced in complex and constantly evolving area of Employer Sponsored Migration in Australia. We assisted many employees successfully immigrate to Australia. Our experienced immigration lawyer will be able to assess your case and recommend a course of action to best serve your needs.
If you need professional assistance with your Australian Visa Application, you can contact us on (02) 8379 1811 or email: info@kgrouplegal.com.au
