EMPLOYER SPONSORED VISAS
Employer Sponsored Workers - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
This is a temporary residency visa which allows employers to sponsor overseas workers to fill nominated skilled positions in Australia, if they are eligible to meet the requirements to become an approved sponsor. Employers can be Australian businesses or overseas businesses.
You may lodge an onshore visa application provided that your substantive visa, or the last substantive visa held, is not a Transit Visa or a Special Purpose visa, or does not have restrictions preventing you from lodging an onshore visa. The applicant must have complied with the conditions of their substantive visa and any subsequent bridging visa.
There are three (3) steps to this application as follows: -
1) Employer is approved as an eligible sponsor
2) An eligible occupation is nominated
3) Employee lodges an application for sponsorship
What are the visa requirements?
Employer:
- Prove a demonstrated commitment to employing labour in Australia and show that your employment practices are non-discriminatory;
- Meet the Market Salary Rates and ensure equivalent terms and conditions of employment;
- Australian Business - meet the requirements relating to training employees who are Australian Citizens of permanent residents;
- Overseas Business not represented in Australia – may apply to bring employees to Australia to fulfil obligations for a contract or other business activity within Australia or to establish a business operation in Australia.
Employee:
- Be sponsored for a nominated position by an employer;
- Accept the offer of employment from the employer;
- Have the relevant skills, qualifications (including relevant licences or registration) and work experience relating to those required for the nominated position;
- Have proficient English;
- Meet the health insurance requirements and have evidence that the relevant health insurance is obtained for the applicant and their family;
- Meet all the conditions of their visa.
Nomination Eligibility:
- Nominate a genuine position from an approved occupation;
- The nominated position is in the Employer’s business or related business.
What this visa allows you to do?
The visa allows you to work in Australia for between one (1) day and four (4) years and is subject to Condition 8107 which sets down certain work conditions. You must work in the nominated occupation for the sponsor or a related business. If you wish to change employer, they must be approved as an eligible sponsor and nominate an eligible occupation.
If your employment under this visa ceases, you have three (3) options as follows: -
- Find another employer who is willing to nominate you
- Apply for another type of visa
- Leave Australia within 28 days or prior to visa expiry, whichever is earliest
Employer Nomination Scheme (ENS) (Subclass 121/856)
The Employer Nomination Scheme (ENS) enables Australian employers sponsor highly skilled foreign nationals as employees for a permanent visa. Employees can be from overseas (offshore – subclass 121) or in Australia as temporary residents on a qualifying visa (onshore - subclass 856).
If you do not currently hold a qualifying visa, you may be eligible to make an onshore application if your last held a qualifying visa no more than 28 days prior to lodging an application. Offshore applicants can lodge their application in Australia but must be outside Australia at the time a decision is made regarding the application.
This visa process requires an employer to nominate a position that they wish to fill and make an offer of employment to the employee. The employee is then required to accept this offer of employment and apply for a visa. Nomination approval is required prior to a visa being granted. The visa must be lodged no later than six (6) months from the nomination application.
What are the visa requirements?
Employer:
- Provide the employee with an offer of employment for at least three (3) years;
- Provide evidence that you currently train existing Australian employees, or have a training plan for future training if a newly established business;
- Be actively and lawfully operating a business within Australia;
- Have a genuine requirement for a paid employee to fill a nominated position within their business;
- Comply with all Australian standards and workplace legislation and procedures for wages and working conditions, relevant to their business.
Employee:
- Under 45 years of age;
- Has competent English;
- Holds a qualifying visa;
- Provide a letter of appointment or a contract of employment signed by both the employer and yourself, for a period of at least three (3) years full-time;
- The nominated position is closely related to an occupation listed on the Employment Nomination Scheme Occupation List (ENSOL);
- Has an employer who is willing to sponsor you for this permanent visa;
- One of the following is satisfied (onshore – subclass 856): -
- A successful skills assessment and the applicant has been employed in the nominated occupation for at least three (3) years full-time before lodging the application, or
- Holds a qualifying visa, and has worked full-time in the nominated occupation in Australia for at least two (2) years immediately prior to lodging the application, and has worked full-time for the employer in the nominated occupation for at least one (1) year immediately prior to lodging the application, or
- The applicant’s salary in the nominated position meets the specified requirements;
- One of the following is satisfied (offshore – subclass 121): -
- A successful skills assessment and the applicant has been employed in the nominated occupation for at least three (3) years full-time before lodging the application, or
- Have been nominated to fill a highly paid senior executive position with a salary of more than $165 000 per annum (excluding superannuation or allowances).
Eligible Position:
- Full-time, ongoing and available for at least three (3) years;
- Meets the relevant Australian legislation and awards regarding working conditions;
- Be a highly skilled occupation, or closely related, listed on the ENSOL;
- Meet the ENS minimum salary level.
What this visa allows you to do?
This visa allows you and any secondary applicants in your application, to live and work in Australia as permanent residents.
Regional Sponsored Migration Scheme (Subclass 119/857)
The Regional Sponsored Migration Scheme (RSMS) enables Australian employers in regional or low population growth areas of Australia, sponsor highly skilled foreign nationals as employees for a permanent visa. Employees can be from overseas (offshore – subclass 119) or in Australia as temporary residents on a qualifying visa (onshore - subclass 857).
If you do not currently hold a qualifying visa, you may be eligible to make an onshore application if your last held a qualifying visa no more than 28 days prior to lodging an application. Offshore applicants can lodge their application in Australia but must be outside Australia at the time a decision is made regarding the application.
This visa process requires an employer to nominate a genuine position that they wish to fill, arrange certification by the Regional Certifying Body (RCB), seek nomination approval from the Department of Immigration and Citizenship (DIAC) and recruit a skilled foreign national to fill the position. The employee is then required to accept this offer of employment and apply for a visa. Nomination approval is required prior to a visa being granted. The visa must be lodged no later than six (6) months from the nomination application.
What are the visa requirements?
Employer:
- Be an Australian employer in a regional or low population growth area of Australia;
- Provide the employee with an offer of employment for at least two (2) years;
- Obtain certification by the Regional Certifying Body (RCB);
- Provide evidence that you currently train existing Australian employees, or have a training plan for future training if a newly established business;
- Be actively and lawfully operating a business within Australia;
- Have a genuine requirement for a paid employee to fill a nominated position within their business;
- Comply with all Australian standards and workplace legislation and procedures for wages and working conditions, relevant to their business.
Employee:
- Under 45 years of age (unless exceptional circumstances apply);
- Has competent English (unless exceptional circumstances apply);
- Holds a qualifying visa;
- Provide a letter of appointment or a contract of employment signed by both the employer and yourself for a fixed term of at least two (2) years;
- The nominated position is closely related to an occupation listed on the Employment Nomination Scheme Occupation List (ENSOL);
- Has an employer who is willing to sponsor you for this permanent visa.
Eligible Position:
- Full-time, ongoing and available for at least two (2) consecutive years;
- Unable to find an Australian employee to fill the position;
- Is located in a specified regional area;
- Meets the relevant Australian legislation and awards regarding working conditions;
- Requires a person with qualifications equivalent to at least Australian diploma level (unless exceptional circumstances apply).
What this visa allows you to do?
This visa allows you and any secondary applicants in your application, to live and work in Australia as permanent residents. You are required to commence employment within six (6) months of the visa grant if in Australia or within six (6) months of arriving in Australia. It is also a requirement that you remain employed in the nominated position in the regional area for at least two (2) years.
If the requirement to complete the two (2) year contract in a regional area with the employer is not met, the visa may be cancelled.
Contact Us for more information about this Visa.
enquiries@aismigration.com