Sponsored Workers
Employer sponsored visas are a very important part of the Australian migration program as they allow for specific skills gaps in the Australian market to be filled quickly by overseas workers.
Temporary Skills Shortage Visa – Subclass 482
The 482 visa programme commenced on 18 March 2018 and replaced the 457 visa.
The relatively fast and cost effective process makes the 482 TSS visa a highly viable option for Australian companies facing critical skills shortages, to hire and mobilise overseas skilled workers where no comparable Australian worker is available.
The 482 visa process is split into three separate applications; SBS, nomination & visa application. The first two applications are made by the employer, the visa application is made by the overseas worker.
There are 2 categories of Parent visas:
- Contributory Parent visas (143 offshore and 864 onshore)
- Non-Contributory Parent visas (103 offshore and 804 onshore)
Standard Business Sponsorship – SBS
If you are an employer who is struggling to obtain skilled staff in Australia and have vacant skilled positions within your business that appear on the Medium Long Term Skilled Occupation List (MLTSSL), the Short Term Skilled Occupation list (STSOL), or the Regional Occupations List (ROL) if your business is in a regional area, you may be eligible to become a Standard Business Sponsor.
To become an SBS your business must:
- Be lawfully and actively operating
- Pay the Skilling Australians Fund levy (SAF)
- Be committed to employing local labour and have non-discriminatory employment practices
- Have no adverse information be known about the business or office holders
- Agree to adhere to all sponsorship obligations
- Propose how many nominations you wish to be permitted to make over the SBS term.
An SBS is valid for 5 years.
Does your business qualify? Contact us now to find out.
Nomination
If the company is an approved Standard Business Sponsor, or if the company has lodged an SBS application they may make a nomination application for a skilled vacant position within the company. The nominated position must:
- Appear on the MLTSSL or STSOL or ROL
- Be a genuine needed position within the business
- Meet the relevant market salary rate
- Have a base rate of pay higher than the Temporary Skilled Migrant Income Threshold (TSMIT) currently set at $53,900
- Have no less favourable terms and conditions of employment than Australians employed in the same role.
In addition to this the sponsor must attest that the nominated position contains a majority of tasks listed on ANZSCO for the relevant nominated occupation and that the nominee has the appropriate qualifications and skills to meet the needs of the skilled position. The company must also have carried out Labour Market Testing.
Contact us now to find out if you can nominate a position within your company.
482 visa application
Once a Sponsorship and Nomination have been approved or lodged, a 482 visa application to employ a skilled overseas worker can be made.
A suitable applicant must:
- Have the relevant qualifications and 2 years work experience in the nominated position at the required level
- Meet the necessary health and character requirements
- Meet the set English language requirements for the visa
- Maintain adequate health insurance throughout the visa period
A 482 TSS visa can be granted for up to 4 years for occupations on the MLTSSL or 2 years for occupations on the STSOL. The 482 visa can also provide a pathway to permanent residency through the Temporary Resident Transition stream of the 186 or 187, if your occupation is on the MLTSSL. It is also possible to include family members in your visa application.
Unsure if you meet the requirements? Contact us to find out now.
Employer Nomination Scheme – ENS 186 Visa
The ENS allows Australian companies to sponsor overseas skilled workers for a permanent visa in a permanent role, or sponsor an existing employee that is on a qualifying temporary visa such as the Subclass 482 visa.
The process consists of two separate applications, the nomination and the visa application.
186 Nomination
The company lodging the nomination must:
- Be a lawful and actively operating business that will be the direct employer of the overseas skilled worker
- Pay the Skilling Australians Fund levy
- Show that it complies with immigration laws and no adverse information is known about the business practices of the entity or any of its office holders.
- Have a genuine position that is available for a minimum period of 2 years and appears on the Medium Long Term Skills Shortage List (MLTSSL)
- Be paying the prospective migrant the market salary rate
Once the nomination has been approved it will need to be used within 6 months from grant or the nomination will expire.
Is your company eligible? Find out now
186 Visa application
Once a nomination application has been lodged, an overseas skilled worker can lodge a permanent 186 visa application. There are three pathways or streams under the 186 ENS program:
The Direct Entry Stream – For applicants that have never or have only briefly worked in the Australian labour market. The applicant must obtain a positive Skills Assessment from the relevant skills assessing authority and demonstrate at least 3 years of relevant work experience.
The Temporary Resident Transition Stream – For applicants who have worked for the sponsoring employer in the nominated occupation, for at least the previous 3 years as the holder of a 482 or 457 Visa, or 2 years with their sponsoring employer if they held or had applied for a 457 visa before 18 April 2017
- relevant qualifications or work experience to match the nominated position
- demonstrate that they meet the health and character requirements for the visa and possess the required
- English language skills and be under 45 years of age.
Contact us now to inquire about the Employer Nomination Scheme 186
Regional Sponsored Migration Scheme – RSMS 187
The Regional Skilled Migration Scheme RSMS 187 category allows employers to hire overseas skilled migrants on a permanent basis in a regional area where no Australian is available for the role. Applicants can apply from overseas or can be existing temporary visa holders residing in Australia. There are 3 streams as listed in the ENS 186 category – the Direct Entry, Temporary Residence Transition and Agreement streams.
The RSMS process consists of a two stage application:
187 Nomination
To be eligible to nominate a skilled position to be filled by an overseas skilled worker the business must:
- be an actively and lawfully operating business in regional Australia
- have no known adverse information about the business or office holders
- have a satisfactory record of compliance with Australian immigration and workplace relations laws
- have a genuine need for a paid employee
- pay the Skilling Australians Fund (SAF) levy
The nominated position must:
- have tasks and duties for an occupation on the Medium Long Term Skills Shortage list (MLTSSL) or the Regional Occupation List (ROL)
- provide the nominee with full time employment in regional Australia for a period of at least 2 years
- have no less favourable terms and conditions of employment than those provided under Australian legislation and awards
- be certified by a Regional Certifying Body (RCB)
Do you need help nominating an employee to a regional area? We can help, contact us now
187 Visa application
On lodgement of the nomination, the nominee can lodge a 187 visa application for permanent residency through RSMS. Generally an applicant must:
- have an occupation on the MLTSSL or ROL and hold the relevant registration, licensing or membership to undertake the nominated position
- be under 45 years of age
- have the required level of English language ability
- be of good health and character
- have 3 years work experience
There are limited waivers to the threshold criteria for English language, age and qualifications where applicants can meet the requirements. There is no requirement for a skills assessment under this visa category except for trades occupations, however from 1 July 2018 a skills assessment will be required in the Direct Entry stream.
Do you meet the criteria for a visa through the RSMS? Contact us now to find out.