Employer Sponsored Migration

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Temporary Work (Skilled) 457 Visa

This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. Employers can be either Australian businesses or overseas businesses.

Most employers will apply for approval as a Standard Business Sponsor. The approval lasts for 3 years and permission will be given to sponsor a certain number of employees over this time.

This visa lets a skilled worker stay in Australia to work in their nominated occupation for their approved sponsor for up to 4 years.

The application process consists of three parts:

  1. Sponsorship Applying for approval as a business sponsor would require the business to provide details to show:
    • The sponsor is a lawful, operating business
    • The sponsor has the financial ability to meet its sponsorship obligations
    • That the business meets certain training benchmarks, or is a startup company which has an auditable plan to meet the training benchmarks.
  2. Nomination The employer must then apply for permission to sponsor an overseas resident to fill certain nominated position.
    • The position is in an occupation on the 457 occupations list (CSOL); AND
    • The applicant is to be paid with a market salary rate.
    • Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position
  3. Visa Application The employee would then apply for a visa to work in Australia to fill the nominated position. The employee must show the following evidence;
    • The employee has the required skills to fill the position
    • English proficiency
    • The employee meets the health requirements for the visa and holds suitable health insurance.

Visa Conditions

The 457 visa is valid for up to 4 years, and extensions are possible. The 457 visa is subject to a condition 8107 work restriction and can only work for the sponsoring employer unless a different employer lodges a new nomination for the employee. The visa can be cancelled if the employee ceases employment for more than 28 days and the employee must maintain their health insurance cover.

457 visa program is very complex with its 3 steps requirement. In order to get approval successfully, it is important to have a professional assistant who has a thorough understanding as regards the requirements for approval of a business sponsor, occupation nomination and 457 visa. Many employers attempt to get approval, but are refused because they do not understand the departmental criteria. Bestway Consulting can assist you with the right understanding of these complex criteria and also ensure you ongoing compliance with sponsorship and visa obligations. If you would like to apply for 457 visa, please contact us.

 

Employer Nomination Scheme (Subclass 186 Visa, ENS)

This visa is a permanent residence visa for skilled workers. It allows you to work in Australia under one of three streams:

  • Temporary Residence Transition stream
    • This is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer, who wants to offer them a permanent position in that occupation.
  • Direct Entry stream
    • This is for people who have a positive skills assessment and at least 3 year work experience for the nominating job position.
  • Agreement stream
    • This is for people sponsored by an employer through a labour agreement.

The application process consists of two parts:

  1. 1. Nomination: employer applies for the nomination
    • The nominating employer is a lawful, operating business
    • The nominating employer has a genuine need for a paid employee to fill a skilled position
    • That the business meets certain training benchmarks, or is a startup company which has an auditable plan to meet the training benchmarks.
    • The position is in an occupation on the Consolidated Skilled Occupation List (CSOL)
    • The applicant is to be paid with a market salary rate.
    • Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position
    • The employer offers a skilled position in the applicant’s field that is full time and ongoing for at least two years
  2. 2. Visa Application: The employee would then apply for a visa to work in Australia to fill the nominated position.
    • The employee is younger than 50 years of age, unless exempt
    • The employee has the required skills/Qualification to fill the position unless exempt
    • English language requirement, unless exempt
    • The employee meets the health and character requirements.
  • Visa Application’s requirements are vary according to the applying stream out of three stream.

 

Regional Sponsored Migration Scheme (Subclass 187 Visa, RSMS)

This visa is a permanent residence visa for skilled workers who want to work in regional Australia. It allows you to work in Australia under one of three streams:

  • Temporary Residence Transition stream
    • This is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer, who wants to offer them a permanent position in that occupation.
  • Direct Entry stream
    • This is for people who have skills and qualification for the position and competent English.
  • Agreement stream
    • This is for people sponsored by an employer through a labour agreement.

The application process consists of two parts:

  1. 1. Nomination: employer applies for the nomination
    • The nominating employer is a lawful, operating business in regional Australia (regional Australia does not include Sydney, Wollongong, Newcastle, Melbourne, Gold Coast or Brisbane)
    • The nominating employer has a genuine need for a paid employee to fill a skilled position
    • The employer offers a skilled position in the applicant’s field that is full time and ongoing for at least two years
    • The applicant is to be paid with a market salary rate
    • Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position
  2. 2. Visa Application The employee would then apply for a visa to work in Australia to fill the nominated position.
    • The employee is younger than 50 years of age, unless exempt
    • The employee has the required skills/Qualification to fill the position unless exempt
    • English language requirement, unless exempt
    • The employee meets the health and character requirements.
    • Visa Application’s requirements are vary according to the applying stream out of three stream.

Visa Conditions
This visa may be cancelled if you do not make a genuine effort to begin employment with your employer within six months of:

  • Your first entry to Australia if you were granted this visa while you were outside of Australia; or
  • The visa being granted if you were granted this visa while you were in Australia.

If you begin employment but do not remain in the position for the full two years, your visa can be cancelled. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled.

Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) program is very complex with its requirement. In order to get approval successfully, it is important to have a professional assistant who has a thorough understanding as regards the requirements for approval of an occupation nomination and visa. Many employers attempt to get approval, but are refused because they do not understand the departmental criteria. Bestway Consulting can assist you with the right understanding of these complex criteria. If you would like to apply for nominations or 186/187 visa, please contact us.