Australian Employer Sponsorship Visa Breakdown: 3 Fundamental Facts

How to get Business Sponsorship Visa for Australia – Standard Business Sponsorship Approval

Temporary Skilled Shortage (TSS Visa) Subclass 482

Whether the visa applicant qualifies for the Short-Term stream or the Medium-Term stream depends on what their nominated occupation is, which has to be selected from the subclass 482 (TSS) List of Occupations.

TSS Visa – Strengthened Labour Market Testing

From 1 October 2020, businesses considering nominating overseas skilled workers on Subclass 482 Temporary Skill Shortage or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas, will be required to advertise these vacancies on the Jobactive website as well. The measure ensures that appropriately skilled Australian citizens and permanent residents are given work opportunities before overseas workers when a business nominates a vacancy.

The Government’s Jobactive website is a free online jobs website that is accessible via the internet. The nominated position must be advertised:

(a) on the Jobactive website (http://www.jobactive.gov.au); and

(b) in at least another 2 advertisements on or in one or more of the following: Under the Medium-and Long-Term Occupation List (MLTSSL), a visa of up to 4 years can be granted. This visa can be renewed prior to it expiring;

a recruitment website with national reach in Australia
print media with national reach in Australia;
radio with national reach in Australia;
if an accredited sponsor— on the sponsor’s website.

The Short-term stream includes the following criteria:

Under the Short-Term Occupation List (STOL), a visa of up to 2 years can be granted. A further two years can be applied for only once, when the first two years is nearing expiry.
There is no option to apply for Permanent Residency after the first or the second period.
Periods of up to four years for occupations on the STSOL (short term skilled occupation list) are available where requested by the sponsor and the visa holder is from a country with which Australia has an international trade obligation.

The Medium-term stream includes the following criteria:

Under the Medium-and Long-Term Occupation List (MLTSSL), a visa of up to 4 years can be granted. This visa can be renewed prior to it expiring;
The 482 visa holder nominated on the MLTSSL can apply for a Permanent Residence Visa, subclass 186, after three years provided the visa holder has been employed with the same employer while holding a 482 visa in the same occupation over that 3-year period.

Employer Nominated Scheme (ENS) Subclass 186

The permanent employer sponsored visa program allows overseas employees to apply for Australian permanent residence. This visa can be applied for in both non- regional and regional areas in Australia. There are two pathways to apply for this visa.

Temporary Residence Transition (TRT) Stream Requirements

For visa applicant

The job or position being nominated is consistent with the position held while on the subclass 457 or 482 visa;
The applicant must hold a 457, (482) TSS or related bridging visa A, B or C;
The eligibility period to transition to permanent residence is two years if applicant holds a 457 visa or started with a 457 visa, but now may be on a TSS visa.
If applicant has not previously held a 457 visa and the first visa they were granted was a TSS (482) visa, they need to be employed for 3 years with same employer on this 482 visa. The employer needs to offer a permanent position in the same occupation of the 457 or 482 visa;
Main applicant must be under the maximum age requirement of 45 years at the time of application – unless age exemptions apply – please see below;
Main applicant to have English language proficiency of at least six in each of the four bands of the IELTS test or equivalent language test such as PTE, unless from a naturally English-speaking country, such as UK, Ireland, New Zealand, USA, or Canada;

Pass health and character tests.

For employers

The employer has to demonstrate they have an actively operating business and can afford to continue to pay the salary of the visa applicant;
The job or position being nominated is consistent with the position held while on the subclass 457 or TSS (482) visa;
The position must continue to be available to the employee for at least two years once the visa is granted;
The terms and conditions including salary of the position must be market related, that is, are the same as any that would apply to an Australian citizen or permanent resident employed in the same position at the same location and meet Temporary Skilled Migration Income Threshold (TSMIT) requirements. This is currently $53900 plus superannuation;
If business turnover is under $10M, an amount of $3000 must be paid to meet the Skilling Australians Fund (SAF) or if the turnover is over $10M, an amount of $5000 needs to be paid;
The employer is required to demonstrate that the position is genuine.

An Employer Sponsorship Visa (186) is the final step in your journey to PR

Skilled Employer Sponsored Regional (Provisional) Subclass 494

This visa enables regional employers to address identified labour shortages within their region (‘designated regional area’) by sponsoring skilled workers where employers cannot source an appropriately skilled Australian worker locally. The designated regional areas include all of Australia except for Sydney, Melbourne and Brisbane. The position has to be located in Regional Australia.

This is a provisional visa and will let applicants stay in Australia for a period of 5 years from when the visa is granted.

The skilled employer sponsored regional (Provisional) Subclass 494 will allow overseas employees on 494 visa to apply for Permanent Residence (Skilled Regional) visa (subclass 191), if certain conditions are met.

Subclass 494 – Employer Sponsored Stream Requirements

Nominate an occupation from the relevant occupation List;
An applicant can be in or outside Australia and does not necessarily have to have commenced employment with the nominating employer;
An applicant can be on a visa such as student, visitor or bridging visa and apply for a 494 visa;
The applicant needs to have had at least three years of full-time post-qualification work experience, which could be in Australia or anywhere else in the world;
A skills assessment is required at the time of application
Applicant must be under the age of 45 at time of application;
Main applicant to have English language proficiency of at least six in each of the four bands of the IELTS test or equivalent language test such as PTE, unless from a naturally English-speaking country, such as UK, Ireland, New Zealand, USA, or Canada;
Pass health and character tests

For employers

Employers need to apply to a Regional Certifying Body (RCB) designated in their region for approval of the occupation within their business;
The employer has to demonstrate they have an actively operating business in that regional area and can afford to continue to pay the salary of the visa applicant;
The position must continue to be available to the employee for at least five years once the visa is granted;
The terms and conditions including salary of the position must be market related, that is, are the same as any that would apply to an Australian citizen or permanent resident employed in the same position at the same location and meet Temporary Skilled Migration Income Threshold (TSMIT) requirements of $53900 or a clear evidence if less that the salary is market related;
If business turnover is under $10M, an amount of $3000 must be paid to meet the Skilling Australians Fund (SAF), or if the turnover is over $10M, an amount of $5000 needs to be paid;
The employer is required to demonstrate that the position is genuine and there is a need for the position.

What the 186 and 494 visas lets you do?

You can include the following types of family members in your application:

Spouses, de-facto partners and same-sex partners
Dependent children
Other dependent family members – e.g. parents who live with you and are financially dependent on you

The 186 is a Permanent Visa. It lets you:

Live in Australia indefinitely
Work and study in Australia
Enrol in Medicare, Australia’s scheme for health-related care and expenses
Sponsor eligible relatives for permanent residence
Travel to and from Australia for five years and apply to have the visa renewed at the end of 5 years, so long as certain conditions of residency are met;
Apply for Australian citizenship, when eligible.

The 494 is a Provisional Visa. It lets you:

work only in regional Australia for up to 5 years for your sponsor
live and study only in regional Australia for up to 5 years
travel to and from Australia as many times as you want while the visa is valid
Enrol in Medicare, Australia’s scheme for health-related care and expenses
if eligible, apply for a permanent resident visa (Subclass 191)

Australian Employer Sponsorship Visas are complex. Book a Migration consultation to get expert advise.

Need help with your Visa?

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Email: [email protected]

Tel: +61 (07) 3876 4000

We will help you exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a standard business sponsorship agreement and provide you with detailed advice on your business’ chances of success. If you would like to find out more about the business sponsorship visa application process or discuss your visa options further and evaluate which pathway to take, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].

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