What Visas are available
Australian Immigration law is a minefield containing many different visa options, each with their own requirements. We aim to make the complex process of applying for an employer-sponsored visa as painless as possible by assisting you with every step of the process, from preparing the application and gathering the required paperwork, through to dealing with the Department of Immigration and the intended grant of your Australian visa.
More specifically, if you wish to move to Australia on the basis of sponsorship from an Australian employer there are three main categories of visas available:
- This is a long term temporary visa which lasts for a maximum of 4 years or the duration of the appointment
- There are three stages in the application process: Business Sponsorship, Nomination of the employee, and the Visa Application by the employee
- The employer has to be approved by the Department of Immigration as a 'business sponsor', and the employer has to nominate the position for which you are applying
- To secure this approval the employer has to show that the business is legally operating, is solvent, and that it has a history of employing and training Australian citizens
- The employee has to show that s/he has relevant work experience and/or qualifications in regards to the position offered
- The employee may be asked to undergo health and character checks depending on the length of the appointment
- The position has to be awarded a minimum salary. The level of this salary depends on this type of position involved, and whether the employment will be in a "regional area" of Australia
- A pathway to permanent residency may become available once the employee has worked with the company as the holder of a 457 visa for at least 2 years
Employers - if you'd like information about what your obligations are as a 457 business sponsor go here
If you wish to secure permanent residency status immediately on the basis of employer sponsorship a visa granted under the ENS is the most popular way to achieve this.
- The ENS scheme allows employers to fill 'highly skilled' positions in Australia with non-Australian citizens or residents
- The sponsoring employer must show that it is a legally operating business, that it has a satisfactory record of training Australians, and must be an employer of 'good standing'
- The position for which the employee is being nominated must be full time
- The type of occupation must appear on the Department of Immigration's Employer Nominated Skilled Occupation List (the ENSOL)
- The position must attract a minimum salary - the 'minimum' is defined by what kind of job it is - and the nominated position must be given in accordance with Australian labour market laws
- If the business is approved as a sponsor and the Department of Immigration accepts the nominated position as valid the intended employee then makes an application for the grant of the permanent residency visa
- The individual applying for the visa must satisfy the Department of Immigration that s/he has skills that are suitable for the position. This involves the intended employee satisfying one of the following requirements:
- Has worked full-time in Australia in the occupation for which s/he has been nominated for the last two years (and has spent at least the last year working for the employer who is nominating him/her), or
- Has been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances), or
- Has had his/her skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, has at least three years experience in the occupation. For more information regarding the skills assessment process click here
- The individual applying for the visa must also meet age, English language, health and character requirements
- A key requirement is that the visa applicant must be aged under 45 at the time the visa application is submitted to the Department of Immigration. However, there are provisions allowing applications to proceed where the applicant is aged 45 or over in "exceptional circumstances". If this is an issue affecting you please contact usfor more information
There is a continuing need for skilled workers in regional Australia. As a result the Federal Government of Australia has introduced a visa that enables people to work for companies in regional areas (as defined) without having to meet the relatively stringent criteria required from ENS applicants.
There are three stages to this process:
- Job certification
- The employer that is offering the position must provide a submission to what is called a "Regional Certifying Body" which asserts that there is a need for the employee, that the position is full time, that the position is skilled and that the position is available for at least 2 years. Assuming all is well the RCB will certify the application by completing and stamping a Department of Immigration form
- Nomination by the employer
- After the certification has been provided by the RCB the employer makes an application to the Department of Immigration to nominate the position, which in turn ensures that the employment position satisfies their criteria. If the nomination is approved the visa application by the intended employee must be submitted within 6 months of the approval of the nomination by the Department of Immigration.
- Visa Application
- The prospective employee then makes an application to the Department of Immigration for the grant of a permanent residency visa. The Department of Immigration will assess the applicant against the legal requirements as to skills, age, English language, health, and character.
For further information on all of the above visa categories please contact us
The contents of this page are necessarily an abbreviated overview of a very detailed subject. The situation may change as the law can alter quickly and we therefore strongly recommend that you take professional advice about your personal circumstances before placing any reliance on the contents of the website.