Employer Sponsored Visas

img

Subclass 494

Overview

The Subclass 494 Visa is intended to assist employers in regional areas of Australia in filling skilled labor shortages by sponsoring overseas workers. This visa specifically targets skills gaps in designated regional areas, supporting economic development and growth outside of major cities. To qualify, applicants must be nominated by an approved Australian employer located in a regional area. Additionally, applicants are required to possess the skills and qualifications for an occupation listed on the relevant Skilled Occupation List.

This visa has two streams:

  1. Employer-Sponsored Stream
  2. Labour Agreement Strea

1.Employer-Sponsored Stream

The Employer-Sponsored stream of the Subclass 494 Visa is a valuable opportunity for both employers and skilled workers to address critical labor shortages in regional areas while providing a pathway for skilled individuals to contribute to Australia’s workforce and build a future in a welcoming environment.
The application process for the Employer-Sponsored stream of Subclass 494 visa encompasses three essential stages:

Sponsorship Stage

  • The employer must either be a standard business sponsor (SBS), have applied to be a SBS, or be a party to a work agreement.
  • The employer must submit the sponsorship application per the procedures established by the Department of Home Affairs.
  • The employer must have a lawfully operating business in Australia.
  • The employer must have a strong record of employing local labor.
  • There should be no adverse information known to immigration about the employer or a person associated with the applicant.

Nomination Stage

  • The employer must submit the nomination application per the procedures established by the Department of Home Affairs.
  • The position associated with the occupation must be in a designated regional area.
  • No adverse information should be known to immigration about the employer or a person associated with the employer.
  • The employer must undertake labor market testing (LMT) unless inconsistent with Australia’s international trade obligations.
  • The employer must pay any applicable nomination training contribution charge.
  • The position associated with the occupation must be genuine, full-time, and available for the next five years.
  • The employer must pay the nominee the Annual Market Salary Rate (AMSR) or at least the Temporary Skilled Migration Income Threshold (TSMIT) of $73,150 as of 1 July 2024.
  • The employer must not engage in discriminatory recruitment practices.
  • Employment conditions for the nominee must be equivalent to those for an Australian worker performing similar work.
  • A regional certifying body must confirm that the applicant will be paid at least the AMSR for the occupation.

Visa Application Stage

  • The applicant must be nominated by a standard business sponsor for an occupation on the relevant occupation list, with an active nomination.
  • The position associated with the nominated occupation must be genuine.
  • The applicant is employed to work in the nominator’s business or an associated entity.
  • Must not have turned 45 at the time of application unless an exemption applies.
  • Must have at least competent English, e.g., an IELTS score of 6 in all four components unless exempted.
  • Must have at least three years of full-time, post-qualification work experience in the nominated occupation.
  • Must have a positive skills assessment from the relevant authority.
  • Must work only for the nominating sponsor or an associated entity unless exempted.
  • Must meet health and character requirements.

Duration of Stay

This is a provisional visa. It allows the visa holders to stay in a designated regional area of Australia for up to 5 years. Applicants become eligible to apply for permanent residency through Subclass 191 after holding this visa for 3 years.

2.Labour Agreement Stream

The labour agreement stream is designed for skilled workers from overseas who wish to work for an employer with a labour agreement. These agreements allow approved businesses to sponsor skilled overseas workers when there is a proven demand that cannot be met locally and when standard visa programs are unavailable.

Nomination Stage

  • The employer must submit the nomination application per the procedures established by the Department of Home Affairs.
  • The employer must be part of a work agreement and authorized to recruit for the Subclass 494 visa.
  • The employer must undertake labor market testing (LMT) unless inconsistent with Australia’s international trade obligations.
  • The employer must pay any applicable nomination training contribution charge.
  • No adverse information should be known about the employer or an associated person.
  • The position must be in a designated regional area and a genuine, full-time role available for the next five years.
  • The work agreement requirements must be met.

Visa Application Stage

  • The applicant must be nominated by an approved sponsor with an active nomination.
  • The applicant must declare no contravention of law related to sponsorship.
  • The position associated with the nominated occupation must be genuine.
  • The applicant must not have turned 45 or have an approved age exemption.
  • Must have suitable English language skills.
  • Must have three years of experience in the nominated occupation or related field, unless exempted.
  • The applicant must meet the necessary skills, qualifications, and employment background for the occupation.

Benefits of this visa include:

– The capability to reside, work, and pursue education exclusively in specified regional locations of Australia for five years.  

– The opportunity to enter and exit Australia unlimited times as long as the visa remains active.  

– If qualified, you can apply for permanent residency three years after your visa is granted..

Duration of stay

Applicants nominated under this stream may stay in Australia for up to 5 years from when their visa is granted.

Processing Times

This visa can take up to 6-7 months to process.

DISCLAIMER:  The information provided above is general and may not be applicable to your specific situation. We encourage you to contact us for a comprehensive analysis that takes into account your unique circumstances.

Subclass 482

Overview

The 482 Visa, also known as the ‘Skills in demand’ visa or ‘SID’ visa (formerly Temporary Skill Shortage Visa), is a work visa that aims to address the evolving needs of the labor market effectively. It enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker.

This visa has a three-stage process:

Sponsorship stage

The employer must either be a standard business sponsor (SBS) / have applied to be an SBS  or be a party to a work agreement/ a party to negotiations to a work agreement. The approval of standard business sponsorship depends on the following criteria:

  • The employer must submit the sponsorship application per the procedures established by the Department of Home Affairs.
  • The employer must have a lawfully operating business in Australia.
  • The employer must have a strong record of employing local labour.
  • There should be no adverse information known to immigration about the employer or a person associated with the applicant.

Nomination Stage

The approved work sponsor must nominate a proposed occupation from the relevant skills occupation list in relation to the 482 visa applicant. The approval of the nomination by the Department of Home Affairs depends on the following essential criteria:

    • The employer must submit the nomination application as per the procedures established by the Department of Home Affairs.
    • The employer has undertaken labour market testing (LMT) unless it is inconsistent with Australia’s international trade obligations. Labour market testing means testing of the Australian labour market to demonstrate whether a suitably qualified and experienced Australian citizen or Australian permanent resident is readily available to fill the position.

The employer has paid any nomination training contribution charge that is liable to be paid with the nomination.

  • The position associated with the occupation must be a genuine, full-time position.
  • If the employer is a local business sponsor, the nominated applicant will only work for the employer or an associated entity of the employer. In case, the employer is an overseas business sponsor, the nominated applicant will only work for the employer.
  • The employer must provide evidence that the nominated applicant satisfies English language requirements.
  • The employer must pay the nominee (visa applicant) the Annual Market Salary Rate (AMSR- a salary that is paid to an Australian worker doing the same job) or at least the Specialist skills Income Threshold (SSIT) for Specialist skills stream i.e., AUD135,000 or Core Skills Income Threshold (CSIT) for Core skills stream i.e., AUD 73,150. These streams have been explained later on this page.
  • The employer must not engage in discriminatory recruitment practices.
  • The employment conditions that will apply to the nominee must not be less favourable than those that would apply to an Australian worker performing equivalent work at the same location.

Visa Application Stage

This 482 visa subclass has three streams for applicants to choose from depending on their skills, qualifications and experience. Let’s examine these three streams in detail:

1.Core Skills stream :

If the applicant’s occupation is listed on the core skills occupation List or CSOL, the visa applicant must be nominated to work for an occupation in the CSOL. The following are the key eligibility criteria for nomination in this stream:

  1. Applicants must be nominated to work in a role specified within the list of eligible core skills occupations.
  2. A minimum of one year of either full-time, part-time or casual work experience (the one year part-time or casual work experience must be equivalent to one year full-time work experience)  in the nominated occupation or a related field is required. The experience does not need to be continuous but must be carried out during the period of 5 years ending immediately before the day the application was made.
  3. Must have a positive skills assessment, if required for the nominated occupation.
  4. Employment must be conducted exclusively for the nominating employer or an associated entity of the nominating employer unless an exemption applies.
  5.  Applicants must fulfil minimum standards of English language proficiency unless otherwise exempted from this requirement.

2.Specialist Skills stream

To be nominated in this stream, the applicant’s occupation must be specified in either of major group- 1,2,4,5,or 6 of OSCA (Occupation Standard Classification of Australia). The following are the key eligibility criteria for nomination in this stream:

  1. Applicants must be nominated to work in a role specified within the list of eligible medium-term skilled occupations.
  2. A minimum of one year of either full-time, part-time or casual work experience (the one year part-time or casual work experience must be equivalent to one year full-time work experience) in the nominated occupation or a related field is required. The experience does not need to be continuous but must be carried out during the period of 5 years ending immediately before the day the application was made.
  3. Must have a positive skills assessment, if required for the nominated occupation.
  4. Employment must be conducted exclusively for the nominating employer or an associated entity of the nominating employer unless an exemption applies.
  5.  Applicants must fulfil minimum standards of English language proficiency unless otherwise exempted from this requirement.

3.Labour agreement stream

This stream is designed for skilled workers who have been nominated by employers through a Labour Agreement. It allows you to reside and work in Australia temporarily. Labour agreements are established between the Australian Government (represented by the Department) and employers. The following is the key eligibility criteria for nomination in this stream:

  1. Applicant must be nominated for a specified occupation under a Labour Agreement.
  2. A minimum of one year of either full-time, part-time or casual work experience (the one year part-time or casual work experience must be equivalent to one year full-time work experience) in the nominated occupation or a related field is required. The experience does not need to be continuous but must be carried out during the period of 5 years ending immediately before the day the application was made or the Department considers it reasonable to disregard this requirement.
  3. Acquire a positive skills assessment if required for your occupation.
  4. Must work solely for the sponsor.
  5. Must meet minimum English proficiency standards unless exempt.

Benefits of this visa include

  • The ability to live, work and study in Australia for your sponsor for up to 4 years, or up to 5 years if you are a Hong Kong passport holder
  • The opportunity to travel to and from Australia as many times as required while the visa is valid
  • If eligible, apply for permanent residence

Duration of stay 

Core Skills stream-

Applicants nominated under the short-term stream are eligible to stay in Australia for up to 4 years. Hong Kong or British National (Overseas) passport holders are eligible to stay for up to 5 years in Australia.

Specialist  stream-

Applicants nominated under the medium-term stream are eligible to stay in Australia for up to 4 years. Hong Kong or British National (Overseas) passport holders are eligible to stay for up to 5 years in Australia.

Labour agreement stream-

Applicants nominated under the labour agreement stream are eligible to stay in Australia for up to 4 years or the duration their employer nominates them for. Hong Kong or British National (Overseas) passport holders are eligible to stay for up to 5 years in Australia.

Processing Times

This visa can take up to 4-5 months to process.

DISCLAIMER:  The information provided above is general and may not be applicable to your specific situation. We encourage you to contact us for a comprehensive analysis that takes into account your unique circumstances.

Subclass 186

Overview

The subclass 186 visa, also known as the Employer Nomination Scheme (ENS) Visa is a permanent residency visa for skilled workers who are nominated by an Australian employer. This visa allows skilled workers to live and work in Australia permanently, with the opportunity to bring family members along and enjoy the rights and benefits of permanent residency. This visa provides an excellent pathway to skilled workers who have the support of an Australian employer. Whether you are transitioning from a temporary visa or applying directly, this visa allows you to secure long-term employment in Australia while enjoying the benefits of permanent residency. However, it requires careful planning, including ensuring your occupation is eligible, obtaining an employer nomination, and meeting skill and language requirements. Let’s explore this visa subclass in detail.

This visa subclass gets processed in a  two-stage process:

Nomination Stage

To apply for a visa, the applicant must first be nominated for a job position by an employer. The employer must submit a nomination application to the Department of Home Affairs, nominating the applicant for the job position. Once approved, the applicant can submit the visa application.

Essential criteria for nomination approval:

The nomination application must follow the Department’s guidelines.

There should be no adverse information about the employer or it should be reasonable to disregard such information.

If mandatory, the nominated applicant must hold or be eligible for required licences, registrations, or memberships.

The employer must comply with Commonwealth, state, and territory laws where the business operates.

The nomination must meet the requirements of the visa stream.

Visa Application Stage

Once the nomination is approved, the applicant can submit their visa application. They must meet the requirements of the stream under which they are nominated.

The three streams are:

1. Temporary Residence Transition Stream

Hold a subclass 457, subclass 482, or related bridging visa (A, B, or C).

Have worked for their employer for at least 2 years on a full-time basis.

Must have at least competent English.

Be under 45 years of age unless exempt.

Meet health and character requirements.

2. Direct Entry Stream

Must have their occupation listed on the relevant list of eligible occupations.

Have at least three years of post-qualification work experience in their occupation.

Obtain a positive skills assessment unless exempt.

Be under 45 years of age unless exempt.

Must have at least competent English.

3. Labour Agreement Stream

Be under 45 years of age unless allowed under a labour agreement.

Have an employer nomination under a valid labour agreement.

Must meet English language, qualifications, and experience requirements.

Benefits of the Subclass 186 Visa

Live, work, and study in Australia permanently.

Travel in and out of Australia multiple times for 5 years.

Enrol in Medicare for health care benefits.

Sponsor eligible relatives to Australia.

Duration of Stay

This is a permanent visa. After 5 years, applicants can apply for citizenship or renew permanent residency through a Resident Return Visa.

Processing Time

This visa takes 6-12 months to process.

DISCLAIMER:  The information provided above is general and may not be applicable to your specific situation. We encourage you to contact us for a comprehensive analysis that takes into account your unique circumstances.

Subclass 407

Overview

Subclass 407, also known as the Training visa, allows you to participate in workplace-based occupational training activities to enhance your skills for your job, an area of tertiary qualification, field of expertise or professional development training program in Australia. Let us explore this visa in further detail.

Essential Criteria for the Applicant

Must be at least 18 years of age.

Must have at least functional English.

Must be sponsored by a temporary activities sponsor.

Must have been nominated by an approved sponsor unless the sponsor is a Commonwealth agency.

Must be invited to apply if the sponsor is a Commonwealth Agency.

There should be no adverse information about the sponsor unless it is reasonable to disregard it.

Must have health insurance arrangements for the duration of stay.

Must have adequate funds to support themselves during their stay.

Must have genuine intentions to stay temporarily in Australia.

Must meet health and character requirements.

Occupational Training Programs

Approved sponsors can nominate applicants for one of the following training programs:

1. Occupational Training Required for Registration

Workplace-based training to gain mandatory occupational registration, membership, or licensing.

2. Occupational Training to Enhance Skills

Structured workplace training programs tailored to the applicant’s needs.

3. Occupational Training for Capacity Building Overseas

For overseas qualifications, including practical training, research, or observation.

Supported by Australian or overseas governments.

For professional development of managerial or professional employees.

Each program has unique specifications. Contact us for more details.

Duration of Stay

Applicants can stay in Australia for 6–24 months or as specified by the Minister.

Benefits of the Subclass 407 Visa

Leave and re-enter Australia while the visa is valid.

Include family members in the application.

Applicants can apply from within or outside Australia.

Secondary applicants can work for up to 40 hours per fortnight while the visa is valid.

IMPORTANT: The holder is not allowed to work in Australia (other than in relation to the holder’s course of study or training). The holder ‘may’  engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application. 

But the good news is, that secondary applicants are allowed to work for up to 40 hours per fortnight while their visa is valid.

Processing Time

This visa may take up to 7 months to process.

DISCLAIMER:  The information provided above is general and may not be applicable to your specific situation. We encourage you to contact us for a comprehensive analysis that takes into account your unique circumstances.