1. General. These are visas that you can apply for if your occupation is in the current Skilled Occupation List (SOL) or in the Consolidated Sponsored Occupation List (CSOL) and you have a job offer from an Australian Employer that is also willing to sponsor or nominate you for the visa. There are basically three categories of such visas available for you to apply for:
2. Temporary Work Skilled Subclass 457 Visa. This visa is available for an applicant who is sponsored by an Australian employer or an overseas employer intending to establish an office in Australia to overcome temporary skilled labour shortages by recruiting personnel from overseas. The applicant if successful will be granted a visa to work for the sponsoring/nominating employer for two to four years. The employer is required to provide evidence to show that:
3. Australian employers can also recruit overseas workers under Labour Agreements concluded with the Department of Immigration. Such agreements are only worthwhile to conclude if there are 10 or more workers identified by the prospective employer.
4. With effect from 01 November 2002, legislation was introduced to provide for the special business needs of regional Australia. The changes allow for the current skill and salary threshold requirement for the subclass 457 visa to be waived in exceptional circumstances. Generally the income threshold can be reduced up to 10% less than the normal Migration Income Threshold. The regional subclass 457 arrangement are only available to Australian businesses operating in, and seeking to nominate a position located in regional Australia or a low population growth metropolitan area. Overseas business sponsors, recruitment agencies, and labour hire firms are excluded from these regional concessions.
5. Employer Nomination Scheme Subclass 186 Visa. This visa is for foreign skilled workers or professionals who want to migrate and work in Australia. This visa involves a two-step process. Firstly, nomination by an approved Australian employer and then a visa application under the nominated stream. It is part of the Permanent Employer Sponsored Visa programme. You can be in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.
6. This visa has three streams:
The Temporary Residence Transition Stream is for a subclass 457 visa holder who has worked for two years, while holding a subclass 457 visa, in the same occupation with his/her nominating employer (who has lodged a valid nomination with the Department of Immigration under the Temporary Residence Transition stream), and who wants to offer the applicant a permanent position in that occupation with the employing company.
The Direct Entry Stream is for an applicant who has been nominated by the potential employer under the Direct Entry stream, who have never, or only briefly, worked in Australia, or a temporary resident in Australia who do not qualify for the Temporary Residence Transition stream.
The Labour Agreement Stream is for people sponsored by an employer through a labour agreement.
7. Expression of Interest. If you do not have an employer to nominate you, you can submit an Expression of Interest (EOI) through SkillSelect. Prospective employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration. Your EOI must specify which stream you want to be considered for. No supporting documents are required at this time. You can lodge your EOI while you are in or outside Australia.
8. You are able to apply for this visa if you:
9. Age Requirements. Even if you are older than 50 years of age, you can still apply for this visa if you:
10. English Language Requirements. You can show that your English is adequate by providing the following evidence at the time of application:
11. English Language Exemptions. You might not need to show adequate English language skills if you:
12. Skill Assessment Exemption. You might not have to meet the skill assessment and work experience requirements if you:
13. Training Benchmark Requirements. An important requirement that MUST be met by an intending sponsoring and nominating employer is the Training Benchmark requirements in order to sponsor or nominate a foreign employee or applicant. If your business has been trading in Australia for more than 12 months, you must show you have contributed your business of company funds to the training of Australians. You must meet one of two Training Benchmarks:
14. Market Salary Rate. Another important requirement that must be met by an intending Australian employer is to provide terms and conditions of employment that are no less favourable than those that would apply to an Australian citizen or Australian permanent resident doing equivalent work in the same workplace.
Terms and conditions include the nominated position’s salary, hours of work and leave entitlements (among other things). The salary paid to an Australian worker under these terms and conditions of employment is known as the market salary rate.
15. The potential employer must prove to the Department of Immigration that the skilled worker will be paid the market salary rate. Depending on whether you have an Australian doing similar work, you can do this by:
16. Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant’s fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.
17. Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Consultants for an accurate and quick assessment of your specific case.