Employer Sponsored Entry

Expertise

Employer Sponsored Entry Law

There are a number of Australian visas intended to meet the skilled employment needs of Australian businesses.  The options range from short stay visas such as the subclass 400 Temporary Work (Short Stay Specialist) visa intended for short term visits of up to either three or six months, to the Temporary Skills Shortage (TSS)(subclass 482) visa.

Coleman Greig has extensive experience in arranging subclass 482 visas, and is able to advise clients on which visa will be the most appropriate for your needs.  Recruiting the right person for your business is your responsibility, but our responsibility will be to ensure that they receive the most appropriate visa in the shortest possible time.

Temporary Skills Shortage Visa - Subclass 482

The TSS visa allows highly skilled personnel to come to Australia to work for an approved employer for up to either two or four years.  The length of the visa will depend on the nominated occupation.  The nominated occupation must be on one of two lists issued by the DHA - the Short Term Skilled Occupation List (STSOL) or the Medium and Long Term Strategic Skills List (MLTSSL).

Visas for occupations on STSOL may be issued for either one or two years, whereas visas for occupations on MLTSSL can obtain visas for up to four years.
To nominate a skilled worker for a TSS visa, the prospective employer must first apply to become a standard business sponsor.  To become a standard business sponsor the employer must:

  • be lawfully and actively operating a business;
  • be the direct employer of the employee;
  • have a demonstrated commitment to providing training to its Australian employees; and
  • have a good business record and abide by immigration laws.

Visa applicants must demonstrate they have the personal attributes and employment background that is relevant to and consistent with the nominated position and in most cases, meet English Language and Skills testing requirements.

Employer Nomination Scheme - Permanent Residence

The Employer Nomination Scheme (subclass 186) (ENS) is a two-step process leading to permanent residence, and requiring approval of the employer's nomination prior to the lodgement of the nominee's visa application.  The position must be fulltime and available for three years with the possibility of renewal, and the duties of the position must also correspond to the usual tasks of an occupation on the Employer Nomination Skilled Occupation List.

As the ENS is a permanent visa, the requirements are more stringent than the subclass 482 visa and employees must be under 45 years, meet any mandatory licensing requirements, have a successful skills assessment and have vocational level English.  Exemptions from age, skill and English levels may be sought under "exceptional circumstance" provisions on a case-by-case basis.
This usually involves the making of detailed submissions.

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Regional visa options for employers

There are 2 main visa options available for employers in regional Australia – the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), which is a

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