Sponsored Worker Visas
Superior Advice: Intelligent Solutions
Sponsored Worker Visas
On this page you will learn how we can help you with:
TSS 482, 494, ENS(186) Visas
You’re busy running a business. Finding the right employee is hard enough without having to worrying about visa red tape.
Let us help.
Freeing you to get on with your business.
Foamco Pty Ltd uses and trusts AR LAW Services with all our 457 and ENS visas applications.
Tomy Jose, Foamco Pty Ltd
We sponsored a great worker for a ENS visa. The application was originally handled by a very famous Melbourne Migration Agent – it was a difficult case and they charged me a lot of money – but they ready did a very bad job consequently the Nomination and visa were refused. Thank god for Anthony Robinson and the team at AR LAW SERVICES: Master Migration Lawyers. For not only did he win the Nomination appeal at the AAT (Administrative Appeals Tribunal) but also won the visa appeal. So I have no hesitation in recommending AR LAW SERVICES, and if you are applying for a visa for a worker or want to bring a worker to Australia trust AR LAW SERVICES. They are the best Migration Lawyers around.
Temporary Skill Shortage Visa (TSS Visa) Subclass 482
What is a TSS Visa?
The TSS visa allows employers to sponsor visa applicants to work in Australia for maximum periods ranging from 2 to 4 years, depending on the applicant’s occupation. The program is designed to address documented skills shortages, and as such only certain roles can be nominated from approved occupation lists. In certain circumstances, TSS visa holders can transition to permanent residency.
THIS VISA ALLOWS
The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application.
WHO CAN APPLY?
Two Streams: the TSS visa has a short-term stream and a medium-term stream.
- Applicants with occupations on the short-term skilled occupation list (STSOL) are eligible for visas of up to two years (renewable once, for a further two years).
- Those on the Medium and Long-Term Strategic Skilled List (MLTSSL) can apply for up to four years, with possible eligibility for permanent residency after three years.
HOW TO QUALIFY.
The role that the employer wants to fill must appear as an occupation on the Combined List of Eligible Skilled Occupations. Both the position description and the TSS visa applicant’s employment and education history must reflect the description provided by ANZSCO.
The applicant must have the skills required to fulfil the role and all TSS visa applicants are required to have a minimum of two years’ relevant work experience.
If applicants are not from an exempt country (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements at the time of application.
Health and character criteria will also need to be met. Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.
How to apply?
There are 3 steps to the application process.
Step 1 – Standard business sponsorship
A business must become approved as a Standard Business Sponsor in order to employ a TSS visa holder. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes identifying the correct ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
Step 2 – Nomination
Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen. As part of this step, there are various requirements to be met:
Labour Market Testing:
To nominate an employee for a TSS visa, a business must demonstrate that they have tested the labour market. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, two advertisements placed within the last 4 months for a minimum period of 28 days will be acceptable, however there are instances when this will not be sufficient, and alternative evidence is required. Further, there are exemptions to this requirement in some instances.
The salary for the nominated position must meet two (2) requirements.
- the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set each year and superannuation.
- the proposed salary must be within the market rate for the role. This ensures that the applicant will be paid in line with Australian employees in comparable roles.
Skilling Australians Fund (SAF) levy is to be paid at nomination stage.
This charge will be calculated according to the number of years for which the visa is required, and according to the size of the business.
Step 3 – Visa application
Step three of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
Skilled Employer Sponsored Regional (Provisional) visa Subclass 494
The subclass 494 visa is a provisional residency visa available to skilled workers. It is available both to skilled workers who are already living and working in Australia as temporary residents, and to skilled workers living outside Australia.
To be eligible for this visa, a worker must be skilled in an occupation on the Regional Occupation List and be nominated by an employer in a designated regional area.
THIS VISA ALLOWS YOU TO:
If the visa holder maintains the nominated employment within the designated regional area, they can remain in Australia for up to five years, with a permanent residency pathway available after three years. [Dependent family members may be included and must also live, work and study in a designated regional area.]
WHO CAN APPLY?
Skilled workers with an occupation on the Regional Occupation List can apply for these visa provided they nominated by an employer. Must be the holder of a substantive visa, or a bridging visa A, B or C to make a valid application within Australia.
In order to be eligible for a 494 visa, primary applicants must meet the following criteria:
Be between the ages of 18 and 44
Have competent English or higher, and their dependent family members over 18 years of age have at least Functional English
Hold a positive skill assessment in the nominated occupation
Have at least 3 years of relevant skilled work experience
Meet health and character requirements
STEPS TO APPLY
An employer nomination must be lodged on behalf of an applicant before a visa application can be made. This nomination will outline the nominated occupation, terms and conditions of employment, and the financial viability of the nominating business. Employers must also detail how the position came to be available and justify the need to nominate the applicant. The nomination must also be accompanied by the Skilling Australia Fund levy. Then a visa application can then be submitted.
Employer Nomination Scheme Subclass 186 (ENS)
Employer Nomination Scheme (ENS) [subclass 186] visas, are permanent residency visas for skilled workers. They are available both to applicants who are already living and working in Australia as temporary residents, and to those living outside Australia. To be eligible for this visa, a skilled individual must be nominated by an Australian Employer.
THE VISA ALLOWS:
Australian permanent residency visa with no conditions. You can live and work wherever they like in Australia. The visa is granted based on the holder being skilled in a specific occupation, but once granted, the visa doesn’t require you to seek or maintain employment in this occupation. Dependent family members may be included.
WHO CAN APPLY?
There are two (2) streams:
- the Temporary Residence Transition (TRT) Stream and
- the Direct Entry (DE) Stream. Each stream has different criteria.
To apply in the TRT stream, you must be the holder of a subclass 457 visa, a 482 visa, or a bridging visa granted in association with one of these subclasses. To apply in the DE stream, you may be in or outside of Australia.
The Temporary Residence Transition Stream
There are two (2) groups or types of applicants eligible to apply through the TRT stream;
- those who had applied for or held a 457 visa before 18 April 2017, and
- those who applied for a 457 or 482 visa after 18 April 2017.
If your 457 visa was applied for before 18 April 2017 and subsequently granted, you can apply for the 186 visa once you have worked with your sponsor for a minimum of two years whilst the holder of this visa, on the basis of grandfathering arrangements. (You must be under 50 years of age.)
For 457/482 visa was granted after 18 April 2017, you must have an occupation on the MLTSSL, and can then apply for the 186 visa once you have worked for your sponsor for three (3) years.
NB Cannot apply for the 186 visa if holding an occupation on the STSOL.
This type of applicants cannot apply for the 186 visa if they have an occupation on the STSOL.
Exception: This applies unless they are located in a regional area, and have worked for the nominating employer for three years whilst the holder of a 457 or 482 visa. (Must be under 45 years of age)
All applicants in this stream must demonstrate that they have earned the salary nominated in their 457/482 nomination in each relevant year.
The Direct Entry Stream
Applicants in the DE stream must have an occupation on the MLTSSL and must obtain a positive skills assessment in this occupation prior to application. At least three years of employment at the skilled level is required. Applicants in the DE stream must be under 45 years of age.
Before a visa application can be made, an employer nomination must be lodged on behalf of an applicant. This nomination will outline the nominated occupation, terms and conditions of employment, and the financial viability of the nominating business.
Employers must justify the need to nominate the applicant and paid the Skilling Australia levy. The visa application can then be submitted.
IELTS 6 or equivalent, (unless exempt) is required, as well as evidence of meeting the health and character requirements.
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Be advised the Information on this website does not constitute legal advice nor personal/corporate migration advice and should not be treated as such. It is information of a general nature and should not be relied on. For an assessment of your personal circumstances and formal legal/visa advice please speak to our accredited Immigration Lawyer.