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Employer Nominated Visas

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agreement-2286439_1280-1024x685 Employer Nominated Visas
Employer Nominated Visas

Employment visas allow applicants to live in Australia on a temporary or permanent basis but require the Applicant to be sponsored by an employer. This category of visa is an Employer Nominated Visa.

WHAT TYPE OF VISA ARE EMPLOYER NOMINATED VISAS

Employment visa subclasses include:

  • Temporary Skill Shortage (TSS) Visa – subclass 482
  • Employer Nomination Scheme – Subclass 186
  • Regional Sponsored Migration Scheme – subclass 187
    ** The 457 visa ceased on 17 March 2018, and was replaced by the new TSS visa on 18 March 2018 **

This temporary visa is valid for up to four (4) years and is an option for people whose occupation is on the relevant occupation list.

Occupations on the ‘Medium and Long-term Strategic Skills List (MLTSSL) may be granted a visa for up to four (4) years, and provide a pathway to permanent residency under the ENS or RSMS visa options.

Occupations on the ‘Short-term Skilled Occupation List (STSOL) may be granted for up to two (2) years, and do not provide a pathway to permanent residency.

Any business that is seeking to employ a foreign worker must be either actively and lawfully operating in Australia, or be an overseas business looking to establish operations in Australia. In order to sponsor a foreign worker under this visa, the business must first obtain approval as a Standard Business Sponsor, which will be valid for 5 years. It is open to both new and established businesses to become a business sponsor.

Once the business has been granted Sponsorship approval, they can then nominate a position on the occupation list for sponsorship. The position must be genuine, must be on the relevant occupation list, must satisfy any caveats, must satisfy the minimum salary requirements, and must be offered with conditions of employment no less favourable than a position offered to an equivalent Australian citizen.
The sponsorship, nomination and visa applications can be lodged consecutively at the same time, though a visa cannot be approved without the nomination first being approved.

The visa applicant must satisfy the criteria in relation to English language proficiency; skills and experience; health, security and character; and any mandatory licensing or registration that may be applicable to their occupation. Applicants for this visa must also make arrangements for health insurance for the duration of their visa.

EMPLOYER NOMINATION SCHEME – SUBCLASS 186

This permanent visa is available to people who have been nominated by their sponsoring employer.

The business seeking to employ a foreign worker must be either actively and lawfully operating in Australia, or be an overseas business looking to establish operations in Australia. It is available for both new and established businesses.

There are three (3) ways to access this visa, each relevant to the particular circumstances of the visa applicant and the nominating business

  • Direct Entry Stream – for applicants whose occupation is on the relevant occupation list and who have a positive skills assessment for their nominated occupation
  • Temporary Residence Transition – for applicants who been employed by the Sponsor on a TSS visa for at least three years in their nominated occupation.
  • Agreement Stream – for applicants who are sponsored by an employer through a negotiated formal labour agreement.
  • Applications can be made either while the skilled worker is in or outside Australia.

The nominated position must be genuine, permanent, full-time, and be available for at least two (2) years; must be on the relevant occupation list (DE stream); must satisfy the market salary and training benchmark requirements; and must be offered terms and conditions of employment no less favourable than those offered to Australian citizens working in the same occupation for, and/or location of, the nominated employee.

A Nomination Application needs to be approved before an application for the 186 visa can be finalised. A visa application can be lodged either at the same time as the nomination application is lodged, or after the nomination is approved.

The visa applicant and their family members must satisfy relevant requirements in relation to age; English language proficiency; skills and experience; health; security and character checks; and mandatory licensing or registration.

Note 1: Transitional arrangements for people who held or had applied for a 457 visa on 18 April 2017 are available.

REGIONAL SPONSORED MIGRATION SCHEME – SUBCLASS 187

This permanent visa is available to people who have been nominated by their sponsoring employer, whose occupation is on the relevant occupation list, and who will be working in designated regional or low-population areas of Australia. The business seeking to employ a foreign worker must be either actively and lawfully operating in regional Australia, or be an overseas business looking to establish operations in regional Australia. It is available for both new and established businesses.

There are three (3) ways to access this visa, each relevant to the particular circumstances of the visa applicant and the nominating business:

  • Direct Entry Stream – for applicants whose occupation is on the relevant occupation list and who have a positive skills assessment for their nominated occupation.
  • Temporary Residence Transition – for applicants who been employed by the Sponsor on a TSS visa for at least three years in their nominated occupation.
  • Agreement Stream – for applicants who are sponsored by an employer through a negotiated formal labour agreement.

Applications can be made either while the skilled worker is outside of Australia, or while they are in Australia as a temporary skilled resident. The nominated position must be genuine, permanent, full-time, and be available for at least two (2) years; must be on the relevant occupation list (DE stream); must satisfy the market salary and training benchmark requirements; and must be offered terms and conditions of employment no less favourable than those offered to Australian citizens working in the same occupation for, and/or location of the business.

Under the Direct Entry Stream, the nomination must also be approved by the relevant Regional Certifying Body (RCB). RSMS visa holders are expected to continue working for the Sponsor for two years after the visa has been granted, and risk visa cancellation if they cease employment before this. The Nomination application needs to be approved before an application for the 187 visa can be finalised. A visa application can be lodged either at the same time as the nomination application is lodged, or after the nomination is approved. The visa applicant and their family members must satisfy relevant requirements in relation to age; English language proficiency; skills and experience; health; security and character checks; and mandatory licensing or registration.

Tips for Employer Nominated Visas:

  • Employer Nominated visa holders can work and study in Australia and access Medicare
  • Family members such as partner or dependent children can be added to the application in some cases.
  • Applicants must have no outstanding debts owing to the Commonwealth.
  • Australia’s employment visa regime is constantly changing. Contact our office for an assessment of your eligibility.
  • A refusal for one of these visas is likely reviewable at the AAT

HOW WE CAN HELP WITH YOUR EMPLOYER NOMINATED VISA APPLICATION

One of the main issues that can arise with an Employment Visa application is the heightened scrutiny visas of this subclass are now being subject to. Particularly prone to increased scrutiny are nomination applications.

You might also want to consider general skilled visas.

Our Immigration Lawyers can advise you on improving your prospects of success and meeting the relevant criteria. Please contact us today for further information and advice.

* * * * *

This page provides a summary of the Employment Visa regime as at May 2019. Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for a Partner Visa and consult with one of our solicitors and Registered Migration Agents.

If you have have a visa refusal, then the solicitors at Summit Migration may be able to assist. Find out more about appeals for visa refusals here. Alternatively, you may be eligible for Ministerial Intervention.

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