Worker Visa or Employer Sponsored Visa

Temporary Skills Shortage (TSS) Work Skilled visa (subclass 482)

 

This is a temporary visa which allow a skilled worker to travel and work with their approved visa sponsor. A skilled worker must works in their nominated occupation for a period up to four years.

 

Visa holder must be sponsored by a valid and an approved business owner. A business owner will need to provide documentation that such skilled worker is required to meet the needs of the company and cannot find an Australian citizen or permanent resident to fill in the skilled vacancies in that area or expertise.

 

A sponsored visa holder can bring family members to work or study in Australia. Unrestricted travel rights to travel in and out of Australia during the visa granted period.

 

Subclass 482 visa requirements apply to both the prospective employee and for the employer. It is a three stages process where the employer must always start the process to seek sponsorship approval to become a standard business sponsor - if the employer want an overseas migrant to fill a position. Next, the employer will need to nominate the employee to apply for the position. The position should match the applicant’s skills, experience and qualifications.  Finally, when the nomination is approved the employee can then apply for the 482 visa.

 

There are three steps that make up the 482 visa requirements:

 

  • Business Sponsorship – the employer applies to become a standard business sponsor. This step is required before an employer can nominate an occupation for a subclass 482 visa

  • Position Nomination – the sponsorship approved employer can nominate an occupation for an existing or prospective subclass 482 visa holder

  • Visa application – the person who is nominated will then apply for a subclass 482 visa. This is the final step in the 482 visa application process

The overseas applicant must have the required levels of skills and English to be granted this visa.

The main features of this TSS 482 visa as provided by the Department of Home Affairs are outlined:

  • The applicant must have at least two years work experience in the nominated occupation or a related field.

  • Labour Market Testing or LMT is mandatory, unless the international obligation applies.

  • Meet the Minimum market salary rate - employer must offer a salary package that meet the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements.

  • Meet the criteria for Character tests: where the application must meet the mandatory penal clearance certificate requirements and confirming the applicant's good character.

  • Workforce test that was imposed on the Visa sponsor to provide a discretionary non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

  • Addition of the Regional Occupations List.

This TSS 482 visa is splits into three streams:

  1. Short-Term Stream;

  2. Medium-Term Stream; and

  3. Labour Agreement Stream.

The Short-Term Stream has the following criteria:

  • only allowed to grant a TWO years duration visa

  • Only allow one onshore visa renewal: this means that after 4 years on TSS the visa application will need to submit an offshore visa application while outside of Australia.

  • This short-term streams has no pathway to Permanent Resident

The Medium-Term Stream has the following criteria:

  • Four years duration visa

  • No limit as to the number of onshore renewals

  • Applicant has the option to a pathway to Australian Permanent Resident visa after holding the TSS 482 visa for THREE years with the same employer

Labour Agreement Stream:

The Labour Agreement Stream is for where occupations are not on th eTSS list. The employer applies for a Labour Agreement to allow them to sponsor specific occuptions not on the list.

The Labour Agreement Stream will also accommodate the employers with approved Labour Agreements for the Subclass 457 visa.

*PLEASE NOTE: Visa Subclass 457 was abolished and replaced by Temporary Skills Shortage Visa Subclass 482 Since 18 March 2018.

Permanent Employer Sponsored Programme

 

Employer Nomination Scheme visa (subclass 186)

 

Certain Subclass 482 Visa Holders are allow to apply a permanent visa through the permanent employer sponsored programme. Such programme allow employers in Australia to sponsor skilled workers to remain in Australia on a permanent basis through the Employer Nomination Scheme.

 

Regional Sponsored Migration Scheme visa (subclass 187)

 

The Regional Sponsored Migration Scheme visa will allow a skilled worker to remain in Australia on a permanent basis and work in a dedicated regional area as mentioned in the Regional Sponsored Migration Scheme.

 

Some exemptions for the Employee Sponsored Programme applies which includes the following:

 

  •     Age exemptions

  •     Skill exemptions

  •     English language exemptions

 

Contact us for a free assessment and we can help you decide whether this is a suitable visa for you.