If you’re looking to bring overseas talent into your workforce, Emerson Migration Law can help. From small startups to multinational corporations, our team specializes in employment-related visa solutions tailored to your needs. We handle the complexities so you can focus on growing your business.
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Employer-Sponsored Visas Types
The different types of Employer-Sponsored Visas are known by different ‘subclasses’.
Each subclass has its own set of criteria that must be satisfied in order for it to be granted.
- Permanent Employer Nomination Scheme (Subclass 186) Visa
- Permanent Regional Sponsored Migration Scheme (Subclass 187) Visa
- Temporary Skilled Employer Sponsored Regional (Subclass 494) Visa
- Temporary Skill Shortage visa (subclass 482)
- Short-term Temporary Work (Subclass 400) Visa
- Temporary Work (International Relations) Visa (Subclass 403)
What is the ENS Visa?
- It’s a permanent visa for skilled workers.
- You need to have a job offer from an Australian employer, and the job should be on the approved occupation list (CSOL).
Who can apply?
Skilled workers who want to live and work in Australia.
Basic Requirements
- Have a job offer from an approved Australian employer.
- Be under 50 years old (some exceptions apply).
- Meet the required skills, qualifications, and English standards.
- Apply in the correct stream.
There are three streams under the subclass 186 Visa:
- Direct Entry stream
Designed for skilled workers nominated by an Australian employer. This stream allows them to live and work in Australia permanently.
Key Requirements
- Must be nominated by an Australian employer.
- Occupation should be on the eligible skilled occupations list.
- Must possess at least Competent English proficiency.
- Labour Agreement stream
For skilled workers nominated by their employer to live and work in Australia permanently. This stream is suitable for those working or intending to work for an employer with a labour agreement.
Key Requirements
- The employer must have an active labour agreement.
- Temporary Residence Transition stream:
Intended for skilled workers nominated by their employer for permanent residence.
Key Requirements
- Must currently hold a 457, TSS, or a related bridging visa A, B, or C.
- Typically, should have worked full-time for the nominating employer for at least three years.
All these streams offer a permanent stay in Australia.
How long does the subclass 186 Visa take?
Usually, it’s between 6-8 months, but times can vary. Learn more about 186 visa processing times on our dedicated page.
The RSMS Visa is a pathway for skilled foreign workers to live and work in specific regional areas of Australia. Remember that you need a nominating employer based in a qualifying regional or low-growth population area.
Who can apply?
Skilled workers looking to embrace the regional life in Australia.
Basic Requirements
- Hold a job offer from an eligible regional employer.
- Have an occupation that’s on the relevant skilled occupations list.
- Ensure you meet the English proficiency and other criteria.
There are two main streams under the subclass 187 Visa:
Transitional Stream (TRT)
Tailored for 457 or 482 TSS Visa holders who’ve worked with their nominating employer for a minimum of two or three years.
Key Requirements
- Should have been working for the nominating employer for 2 or 3 years while holding a 457 or 482 visa.
- Must meet the English proficiency standards.
Direct Entry Stream
Note: As of 15 November 2019, this stream stopped accepting new applications.
How long does the subclass 187 Visa take?
Processing times may vary but typically range between 6-8 months.
The 494 Visa is a pathway for skilled workers to be sponsored by an employer and live in regional areas of Australia for a maximum of five years. It’s important to note that having an employer in a specific regional location outside major cities is a key requirement for this visa.
Who can apply?
Skilled professionals looking for sponsorship in Australia’s regional territories.
Basic Requirements
- Be under the age of 45.
- Possess a minimum of 3 years of relevant work experience.
- Hold a valid skill assessment.
- Demonstrate a competent level of English proficiency.
- Meet the necessary health and character stipulations.
Benefits of holding the 494 Visa
- Live, work, and study in Australia for up to five years.
- Bring immediate family members to live with you in Australia.
- Transition to permanent residency via the 191 Regional Skilled Visa upon eligibility.
Regions Covered
For the 494 Visa, the definition of ‘regional’ encompasses all areas excluding Sydney, Melbourne, Brisbane, Gold Coast, and Perth. This broad scope means an increased number of eligible occupations to explore.
Permanent Residency
After three years on the 494 Visa, holders may have the opportunity to switch to permanent residency, provided they meet all the prerequisites.
Application Timeline
The Subclass 494 visa commenced receiving applications in November 2019.
How long does the subclass 494 Visa take?
While processing times can shift based on numerous factors, the visa enjoys priority processing, often leading to quicker results.
Subclass 482, also known as the Temporary Skill Shortage (TSS) Visa, replaced the former Subclass 457 Visa. It’s designed to assist Australian businesses facing genuine skill shortages, permitting them to hire foreign professionals when suitable Australian workers aren’t available, and helping multinational companies relocate staff into Australia.
Who can apply?
Skilled professionals with an Australian employer willing to sponsor them and those who meet the necessary criteria.
Basic Requirements
- Occupation: Applicants should have qualifications or relevant experience in an occupation listed on one of the three occupation lists: STSOL (Short-Term Skilled Occupations List), MLTSSL (Medium and Long-term Strategic Skills List), or ROL (Regional Occupation List).
- Sponsor: Must be nominated by a Standard Business Sponsor or an enterprise that has applied or holds this sponsorship status.
- Experience: At least two years of work experience in the nominated occupation or a related field acquired within the last five years. Note: Part-time work may count, but casual work does not.
- Skill Assessment: Some primary applicants need a mandatory skills assessment. The requirement might vary based on the applicant’s occupation and country of origin. Some assessing authorities might ask for more than the stated two years of experience.
- Age: There is no specific age limit for the TSS Visa.
- Health Insurance: It is mandatory for 482 visa holders to have and maintain adequate health insurance during their stay in Australia.
Streams under the 482 Visa
- Short-Term Stream: Valid for up to two years.
- Medium-Term Stream: Valid for up to four years.
- Labour Agreement Stream: Specific terms based on the labour agreement.
Benefits of the 482 Visa
- Live and work in Australia for the visa’s duration.
- Pursue studies in Australia.
- Include immediate family members in the visa application.
- Potential pathway to permanent residency, depending on eligibility.
How long does the subclass 482 Visa take?
Processing times can vary, largely dependent on the chosen stream and completeness of the application.
Can business owners sponsor themselves for a 482 visa?
In most cases, a business owner cannot sponsor themselves for a Subclass 482 visa. However, this does not mean business owners are automatically excluded from the 482 visa program. Learn more about self-sponsorship under the 482 visa on our dedicated blog.
The Subclass 400 Visa is designed for individuals seeking to visit Australia for short-term, highly specialised, non-ongoing work. Additionally, in select situations, it permits participation in activities or works directly tied to Australia’s interests or non-ongoing cultural or social activities upon the invitation of an Australian organisation.
Who can apply?
Highly skilled professionals intending to undertake short-term specialised work in Australia. A supporting letter from an Australian business is often essential for the application, though business sponsorship is not mandatory.
Basic Requirements
- Possess specialised skills or knowledge beneficial to Australian businesses that can’t reasonably be found in Australia.
- Invitation from an Australian organisation for a specific event or participation.
- Under certain extraordinary circumstances, such as a natural disaster, one’s presence may be deemed of national significance.
Benefits of holding the 400 Visa
- Engage in short-term, specialised, non-ongoing work within Australia.
- Potential to include family members in the visa application.
There are two primary streams:
Highly Specialised Work Stream
Applicants must prove their work’s highly specialised nature and capability to perform such tasks. Typically, the duration of stay is up to 3 months, but extensions up to 6 months might be considered with a valid business case. Note: Entertainment-related work mostly doesn’t qualify for this visa, barring a few exceptions.
Australia’s Interests Stream
Applicants need to showcase circumstances that significantly impact Australia’s interests, like emergencies, natural disasters, or actions offering substantial benefits to the nation.
Application Timeline
Applications for the Subclass 400 visa can be made online. The applicant needs to be outside Australia when applying.
How long does the subclass 400 visa take?
The processing duration can vary based on numerous aspects. The key factor is the strength of the business case and the applicant’s alignment with the visa’s requirements.
The Subclass 403 Visa is structured to cater to individuals intending to engage in specific activities that bolster Australia’s international relations. This visa encompasses various streams, each tailored to distinct international relations scenarios.
Criteria for Eligibility
The specific eligibility criteria vary based on the chosen stream.
The streams include:
- Government Agreement Stream: For individuals working under bilateral agreements between the Australian Government and another country’s government.
- Foreign Government Agency Stream: For those representing a foreign government or employed as a foreign language teacher in an Australian school.
- Domestic Worker (Diplomatic or Consular) Stream: For individuals aged 18 or older performing full-time domestic work in the household of a Diplomatic (Temporary) visa (subclass 995) holder.
- Privileges and Immunities Stream: For those with privileges and immunities under relevant legislation, working as international representatives.
- Pacific Australia Labour Mobility Stream: For participants in the Pacific Australia Labour Mobility (PALM) scheme.
Key Benefits of the Subclass 403 Visa
- Engage in specific international relations activities in Australia.
- Duration of stay varies based on the stream, ranging from a few days to up to 4 years.
Application Specifics
- Duration of Stay: Varies based on the stream.
- Application Fee: Ranges from free to AUD355.00, depending on the stream.
- Timeline for Processing: Varies, with some applications processed in less than a day, while others may take several months.
Applying for visas can be tricky. Emerson Migration Law Firm is here to help. Contact us to book a call and get your questions answered.
Your Employer Sponsored Migration with Emerson Law
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Step 2
Preparation
Step 3
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Step 4
Outcome & Guidance
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