Work Visa Services
Temporary sponsorship of overseas employees (TSS/482 Visa): The subclass 482 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis for up to four years. The qualify, the applicant needs to meet the English requirement, minimum 2 years work experience post qualification and have an occupation on either the STSSL or MLTSSL.
There are three stages to employing a skilled worker under the subclass 457 visa program:
- Employer applies to be a sponsor
- Employer nominates a position
- Employee applies for a visa
Employer nominated permanent residence: The Employer Nomination Scheme visa (subclass 186) is for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia. It is part of the permanent Employer Sponsored visa program.
To apply for this visa, you must: be nominated by an approved employer, be younger than 45 years of age, meet the skills and qualifications requirements and meet English language requirements.
EMPLOYMENT AND EMPLOYER SPONSORSHIP VISA DETAILS
Australian and overseas employers can sponsor and employ foreign skilled workers who have recognized qualifications and skills or experience in occupations required in Australia.
Skilled people seeking to work for an Australian employer under these schemes must be sponsored by their Australian employer.
Sponsorship or Nomination can be for temporary or permanent residence depending on the business needs and employees skills.
Pathway 1: Temporary sponsorship of overseas employees
This visa is commonly known as the 482 Visa. A Business operating in Australia wishing to employ overseas workers needs to apply for approval as a Business Sponsor. The business sponsor needs to be the direct employer of any approved visa applicants. Employees may work for an associated entity within the meaning of the Corporations Act 2001 (Cth).
Approved Business sponsors undertake legal obligations in relation to their overseas employees, to uphold Australian employment law, and commit to employment of local Labor and to non-discriminatory employment practices.
Sponsorship applications address a wide range of criteria incuding the business financial capacity, commitment to training their Australian workforce and the need to fill a vacant skilled position.
The nominated salary for the skilled worker is assessed against factors, such as the average remuneration for that occupation in Australia, minimum gazetted salary levels, and benefit to Australia through employment of overseas workers.
Visa applicants must satisfy skills requirements for grant of the temporary visa in accordance with the migration regulations, recognized occupational qualifications and skill minimum standards. Candidates may be asked to undertake English language testing.
The Department of Immigration and Citizenship has monitoring programs in place to review approved sponsors to ensure they are employing staff in accordance with the sponsorship undertakings and that they generally continue to meet their acknowledged undertakings as employers.
Pathway 2: Nominating employees for permanent residence
The Employer Nomination Scheme (ENS) allows employers to hire highly skilled workers to fill vacancies in their business. The skilled workers can be either overseas, or temporarily in Australia. Employers must be operating in Australia. The position must provide full time employment in Australia for at least three years and meet Minimum Salary Levels set by the government. Employers can offer salary package benefits to employees provided they are above and beyond the minimum salary and are equitable with industry wide conditions
Nominating employer’s must have a genuine need for the employee to fill the position, follow all relevant Australian laws, including a satisfactory record of meeting immigration laws.
Businesses need to address a range of factors, including their employment and training of Australians.
The employee’s eligibility, skill and qualification levels, 3 years recent work experience in the occupation (unless recently graduated in Australia), licensing requirements, English language and health and character requirements are the major requirements for this visa. The permanent residence application is only assessed by the Department of Immigration and Citizenship following the Business Nomination approval.
Pathway3: Regional Sponsored Migration Scheme
The Regional Sponsored Migration Scheme or RSMS visa is a permanent employer sponsored visa which requires a job offer in a Regional Area of Australia.
RSMS Application Stages
There are in general three stages to an RSMS application:
- RCB Certification: the Regional Certifying Body will ensure that the position is genuine and in many cases require that the position has been advertised
- Nomination: review of the business and position by the Department of Immigration
- Visa application: there are three pathways, and generally the skill level is lower than for the ENS program.
RSMS Regional Areas
In order to be granted an RSMS visa, the employee must be offered a position in a “regional area”. The regional areas are specified by postcode by the Department of Immigration.
The following are considered Regional areas for the purposes of RSMS sponsorship:
- The whole of South Australia
- The whole of Tasmania
- The whole of ACT
- The whole of Northern Territory
- New South Wales (NSW) – all areas excluding: Sydney, Newcastle and Wollongong
- Victoria – all areas excluding Melbourne
- Queensland– all areas excluding Brisbane
- Western Australia – all areas excluding Perth