Employer Nomination

Visa Subclass 186 – Employer Nomination Scheme

This visa is a permanent residence visa for skilled workers. It allows overseas workers or temporary workers in Australia to be sponsored for permanent positions that the employer has been unable to fill from within the Australian labour market, or through their own training efforts. It is a 2-stage application as below:

Stage 1 – Nomination
The Australian employer must obtain sponsorship status. To obtain sponsorship, the employer must:

  • Demonstrate that they are actively and lawfully operating in Australia
  • Have a commitment to training existing employees

Once the employer has demonstrated they satisfy the sponsorship criteria, the position to be filled must also meet certain requirements such as; the position must be full time, for at least 2 years and be an approved occupation.

Stage 2 – Visa requirements
Once the nomination has been approved, the visa application must be lodged within 6 months. To qualify, you must:

  • Be nominated by an approved employer
  • Be younger than 50 years of age
  • Meet the English language requirements
  • Meet the skills, experience, and qualification requirements

In some cases, applicants may access exemptions for the age, skills and English language criteria depending on the occupation, salary, and past work experience. You are required to satisfy certain health and character requirements in order to meet the visa criteria.

Visa Subclass 187 – Regional Sponsored Migration Scheme

This visa is a permanent residence visa for skilled workers who want to work in regional Australia. You can only apply for the subclass 187 visa if your nominated position is located in regional Australia. Your sponsoring employer must also be actively operating its business in this regional area

Requirements:

  • have been nominated by an approved Australian employer for a job in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • are younger than 50 years of age, unless you are exempt
  • meet the skills, qualifications and English language requirements, unless you are exempt
  • apply under the stream for which you were nominated.

Unlike the above ENS visa, RSMS visas do not have to meet the training requirement; the applicant does not require a skills assessment and there is no minimum work experience required. It offers a wider range of occupations such as Office Manager or Retail Manager.

Visa Subclass 457 – Temporary Work (Skilled)

The 457 visa allows overseas skilled workers to come to Australia and work for a sponsor. The 457 visa is valid for up to 4 years, and work experience gained in Australia on this visa may lead to permanent residency, usually after 2 years if the visa holder continues to be sponsored by the same employer. The visa applicant can bring their family members to work or study and travel in and out of Australia as often as necessary. It is a 3-stage application as below:

Stage 1 – Sponsorship
Employer looking to sponsor overseas workers needs to become a “Standard Business Sponsors”. There are minimal restrictions and most business are able to obtain a Sponsorship agreement with the Department of Immigration and Border Protection (DIBP). An employer must lodge an application to become a business sponsor. Once approved, the sponsorship is usually valid for 5 years. An employer must:

  • Demonstrate that it is a lawful and actively operating business
  • Satisfy the training benchmark by demonstrating recent expenditure, equivalent to 1% of the total gross payroll, allocated to training Australian employees; or contributing 2% of the total payroll to an accredited institution.

Stage 2 – Nomination
Only an Approved Sponsor or a business that has lodged a sponsorship application can lodge a Nomination application. At this stage, the DIPB will determine if the Employer genuinely requires the nominated occupation within the business. The occupation has to be listed on the Consolidated Sponsored Occupations List (CSOL) and must provide an employment contract, and job description with the application. The process involves Labour Market Testing, showing that the occupation being nominated is eligible under the 457 program, that the employee meets certain requirements, and that the salary meets the TSMIT (Temporary Skilled Migrant Income Threshold) which for more occupations is currently $53,900 (gross annum salary).

Stage 3 – Visa
Once a nomination is lodged, the Applicant now can apply for 457 visa. You must:

  • Demonstrate the requisite skills, qualifications, experience and employment background to match the nominated position in order to perform the nominated occupation
  • Most primary applicants who are sponsored by a standard business sponsor must demonstrate that their level of English proficiency is equivalent to one of the following scores:
    • an International English Language Testing System (IELTS) overall test score of at least 5.0 with a score of at least 4.5 in each of the four test components
    • an Occupational English Test (OET) score of at least ‘B’ in each of the four components
    • a Test of English as a Foreign Language internet-based test (TOEFL iBT) total score of at least 36 with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of writing and speaking
    • a Pearson Test of English (PTE) Academic overall test score of at least 36 with a score of at least 30 in each of the four test components
    • a Cambridge English: Advanced (CAE) overall test score of at least 154 with a score of at least 147 in each of the four test components.
  • Unless the Applicant is a passport holder from the UK, USA, Canada, NZ, Ireland; or earns $96,400 or higher base salary
  • Provide relevant licenses or registration required for the nominated position (if applicable)
  • Have an adequate level of health insurance in Australia
  • Satisfy certain health and character requirements

This visa can be valid up to 4 years after it is granted. However, if the Company is a start-up business, then the visa will be granted only for 1.5 years.

Working Holiday

Visa Subclass 417 – Working Holiday

This visa is for young people who want to holiday and work in Australia for up to a year. It allows you to work for up to 6 months with each employer; and study for up to 4 months.

Requirements: 

  • have not previously entered Australia on a Work and Holiday (Temporary) visa (subclass 462)
  • have turned 18 years of age but have not yet turned 31
  • are a genuine visitor who wants to have a holiday in Australia
  • have enough money to support yourself on a working holiday (about AUD 5000)
  • have enough money to buy a return or onward travel ticket at the end of your stay
  • will not be accompanied by dependent children at any time during your stay.
  • have a passport from an eligible country: Belgium, Canada, Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Hong Kong, Republic of Ireland, Italy, Japan, Republic of Korea, Malta, Netherlands, Norway, Sweden, Taiwan or United Kingdom.

Second Working Holiday Visa

To apply for a second Working Holiday (Temporary) visa (subclass 417), you must:

  • have complied with all the conditions on your first Working Holiday visa
  • have not previously held more than one Working Holiday visa
  • have completed three months of specified work in regional Australia while on your first Working Holiday visa
  • have not yet turned 31 years of age.

If you are already in Australia, and wish to remain onshore, you should apply for a second Working Holiday visa before your current visa expires and before you have turned 31 years of age.

Visa Subclass 462 – Work and Holiday

This visa is for young people who want to holiday and work in Australia for up to a year.

Requirements:

  • are at least 18 but not yet 31 years of age
  • don’t have a dependent child with you at any time during your stay in Australia
  • have enough money to support yourself on a working holiday (about AUD 5000)
  • have enough money to buy a return or onward travel ticket at the end of your stay
  • have not previously entered Australia on a Work and Holiday visa (subclass 462) or a Working Holiday visa (subclass 417)
  • meet the educational requirements
  • have functional English
  • have a letter of support from your government (except applicants from Israel, the People’s Republic of China and the United States of America)
  • meet character and health requirements
  • are a genuine visitor.
  • have a passport from an eligible country: Argentina, Bangladesh, Chile, China, People’s Republic of, Indonesia, Israel, Malaysia, Poland, Portugal, Slovak Republic, Slovenia, Spain, Thailand, Turkey, United States of America, Uruguay.