A. Employer Nomination Scheme (Permanent) Visa (subclass 186)
This is a permanent visa for skilled workers who would like to work and live in Australia. The application for this visa is a two-step process. Firstly, you need to be nominated by an approved Australian employer and then make an application under the nominated stream.There are two main pathways for the Employer Nomination Scheme:
1. The Temporary Residence Transition stream:
For subclass 482 or 457 visa holders who have worked for two years in the same occupation with their nominating employer and who wants to offer them a permanent position in that occupation. A visa applicant must have worked for their employer for at least three out of the previous four years in the nominated position.
2. The Direct Entry stream:
For those who have been nominated by their employer under the Direct Entry Stream, people who have never, or only briefly, worked in Australia, or temporary residents who do not meet the requirements for the Temporary Residence Transition stream.
· Nominated by an Australian employer and this nomination has been approved
· Be under the age of 45 when making application
· Have the required skills and qualifications for the nominated position
· Have appropriate English language skills
· Meet health and character requirements.
B. Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
This visa is a provisional visa which requires holders to live, work and study in a regional area of Australia for a period of 5 years. It is possible to include family members in your application. Once certain residence requirements have been met, holders can apply for a permanent visa.
There are 3 stages:
A business must become an approved Standard Business Sponsor and provide evidence that it is actively and lawfully operating and has the financial capacity to meets its sponsorship obligations. It is not possible for an overseas business to sponsor a person for the subclass 494 visa.
Employers must nominate a position located in regional Australia and meet the following requirements:
Ensure the applicant is paid a market salary rate
The nominated occupation is on the relevant skilled occupation list
The role is available for at least 5 years
Labour Market Testing has been undertaken
The RCB have certified the market salary rate
A Skilling Australian Fund levy is also payable for each nomination.
3. Visa Application
The nominated applicant would then need to apply for a visa to fill the nominated position. This would involve providing evidence that:
Applicant is aged under 45
Have a positive skills assessment in the nominated occupation
Have at least 3 years of relevant work experience
Meet health and character requirements
It is possible to apply for a permanent subclass 191 Permanent Residence (Skilled Regional) visa after living and working in a regional area for at least 3 years.
C. Temporary Skills Shortage (TSS) Visa (subclass 482)
This new visa allows skilled individuals to work in Australia for periods of 2 or 4 years depending on the stream they apply under. It will allow the visa holder to live and work full-time in Australia for the sponsoring employer in the nominated occupation on a temporary basis.
There are three steps
1. Standard Business Sponsorship
A business must become an approved Standard Business Sponsor before it can sponsor a TSS visa applicant. It must demonstrate lawful and active operations in Australia and show a commitment to training Australian citizens and permanent residents and compliance with Australian laws.
Following the Standard Business Sponsorship application, a business must nominate a position within their business as one which must be filled by an overseas citizen. The position must be full-time. A business must be able to demonstrate that there is a genuine need for the position. This is partly met by labour market testing in the 12 months prior to making a nomination application and will need to be provided with application. Businesses will also need to pass a non-discriminatory workforce test to ensure that they are not actively discriminating against Australian workers.
The nominated salary must be above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $53,900 and must be within the market rate for the role.
Instead of Training Benchmark A or B an employer will also have to contribute to a Skilling Australian Fund (SAF) (the bill still needs to be passed by the Senate). The levy will be as follows:
· A small business (turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa.
· A large business will pay $1,800 per nominee per year. Click here for further information on SAF.
3. Visa Application
An applicant must be able to demonstrate that they meet the requisite skill level for their occupation as well as health and character requirements. There is no age requirement for this visa. To apply onshore an applicant must have a substantive visa or a bridging visa A, B or C.
Heenan & Browne Visa and Migration Services can advise employers and visa applicants on the requirements of Employer Sponsored visas. We can assist with the visa process from start to finish.
To arrange a consultation with one of our Registered Migration Agents, please call our office on 0490 324416 or send us an email at firstname.lastname@example.org.