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AUSTRALIAN WORK VISA | SPONSORED EMPLOYEE VISA

Australian Work Visa

If you are an employer who is struggling to find someone to fill a position within your company, your solution may be to sponsor an immigrant to fill that positon. An Australian work visa exists for this reason; to fill holes in the labour market when there are no sufficiently skilled Australian citizens or permanent residents available. In order to sponsor an immigrant, you will need to be approved as a sponsor and nominate a foreign worker to fill an eligible position within your business.

Types of Australian Work Visas

There are 3 different options for an Australian work visa that you can use to sponsor an immigrant within your business including:

Temporary Work (Subclass 457) Visa

The Subclass 457 Visa is an Australian work visa that allows visa holders to work for their nominating employer for up to 4 years. Although this is only a temporary visa, if an employee works for your company in their nominated position for 2 years, they may be eligible for permanent residency. This is a huge incentive for sponsored workers to stay with your company.

The most common way to become eligible to sponsor Subclass 457 workers is to obtain standard business sponsorship approval. This usually lasts for 5 years for established companies, and for 18 months for companies that have been trading for less than 12 months. Employers can apply to extend their sponsorship approval if they wish to continue sponsoring employees longer than their initial grant period.

In order to be eligible as a standard business sponsor, you must meet the following criteria:

  • Be lawfully operating a business either inside or outside Australia;
  • Meet certain training benchmarks if you have been operating within Australia for more than 12 months;
  • Have an auditable training plan to meet the prescribed training benchmarks if you have been operating a business within Australia for less than 12 months;
  • If you are operating a business within Australia you must have a strong record of or demonstrated commitment to employing local Australian labour;
  • If you are operating a business overseas, you must want to sponsor someone to assist in establishing a business in Australia with overseas connections or fullfil your contractual obligation;
  • There can’t be any adverse information about your business or someone who is associated with your business; and
  • You must not have done anything that would result in another person to pay the costs associated with you becoming a sponsor or to recruit a visa holder.
Standard business sponsors must nominate a position to be filled that is on the Consolidated Sponsors Occupation List.

Labour Agreements are an alternative way to standard business sponsorship to become eligible to sponsor an immigrant on a Subclass 457 Visa. A labour agreement is an agreement that employers negotiate with the Department of Immigration and Border Protection in order to meet recognised skill shortages in the Australian labour force. Once a labour agreement is in place, you will be an approved sponsor for the duration of the agreement and can sponsor foreign workers in accordance with that agreement. You may be eligible to enter into a labour agreement if:

  • The position you need to fill is not on the Skilled Occupations Lists or the Australian and New Zealand Standard Classification of Occupations (ANZSCO);
  • Your company operates in recruitment and you are looking for skilled workers to hire-on to another business; or
  • Other standard immigration solutions are not suitable.
To be eligible for a labour agreement you must also provide evidence that you have a commitment to training Australians, that there is a genuine shortage of skilled workers and there are no suitably qualified Australian workers available.

In order to sponsor an immigrant for a Subclass 457 Visa, all sponsors must also nominate a position that pays at least $53,900 plus superannuation and is at least market salary rate.

Employer Nominated Sponsorship (Subclass 186) Visa

The Subclass 186 Visa is a permanent residency Australian work visa. In order to be eligible to sponsor an immigrant for this visa you must meet the following requirements:

  • Lawfully and actively operate a business inside Australia;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay your nominated employee at least market salary rate;
  • There is no adverse information relating to your business or someone who is associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

There are three different streams you can use to sponsor someone for this visa:

  • The Temporary Residence Transition Stream
    This stream allows you to continue sponsoring workers who have worked on a Subclass 457 Visa with you for at least 2 years in their nominated occupation. You must offer the employee a position that is full-time, ongoing and available for a minimum of 2 years. You must have also met the training requirements when sponsoring employees for the Subclass 457 Visa. Your business cannot be an approved overseas sponsor in order to meet the eligibility requirement of this stream.
  • The Direct Entry Stream
    This stream is to nominate workers who have not worked in Australia, or if they have, are not eligible for the transition stream. Employers must nominate an occupation to be filled off the Consolidated Sponsored Occupation List. Employers wishing to nominate someone under this stream will also have to meet certain training benchmarks if they have been trading within Australia for more than 12 months. Employers who have been operating for less than 12 months must show that they have an auditable training plan to meet the training benchmarks.
  • The Labour Agreement Stream
    This stream is for employers who sponsor someone through a labour agreement that is negotiated with the government prior to nominating an employee.

Regional Sponsored Migration Scheme (Subclass 187)

This is a permanent residency visa that is designed to fill positions with business in regional Australia. For the purpose of this Australian work visa ‘regional Australia’ includes all of Australia except for the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.

In order to be eligible for this visa, your business must:

  • Lawfully operate a business in regional Australia,;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay at least market salary rate;
  • Not have any adverse information about your business or someone associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

There are 3 different pathways you can use to sponsor an immigrant for this visa:

  • The Temporary Residence Transition Stream
    This stream allows you to continue sponsoring workers who have worked on a Subclass 457 Visa with you for at least 2 years in their nominated occupation. You must offer the employee a position that is full-time, ongoing and available for a minimum of 2 years. You must have also met the training requirement when sponsoring employees for the Subclass 457 Visa. Your business cannot be an approved overseas sponsor in order to meet the eligibility requirement of this stream.
  • The Direct Entry Stream
    This stream is for foreign workers who are sufficiently skilled in their nominated occupation to apply for direct entry. In order to sponsor an immigrant for this visa, you will nominate a position that is ANZSCO skill level 1-3. The position must also be full-time, ongoing and available for a minimum of 2 years. You must also obtain advice from a regional certifying body regarding the position you want to fill. This ensures that the position you want to fill has been scrutinised by a third part to ensure that the position is genuine, cannot be filled from the Australian labour market and that the terms of employment are consistent with other positions of that type.
  • The Labour Agreement Stream
    This stream is for employers who sponsor someone through a labour agreement that is negotiated with the government prior to nominating an employee.

Sponsoring an Immigrant

If you are considering sponsoring an immigrant for an Australian work visa contact the Migration Place today on (07) 3229 4025. Our immigration lawyers are skilled and experienced in handling all stages of your Australian work visa, from assessing the eligibility of a business to sponsor an immigrant, through to lodging nominations for positions and obtaining visa grants. The process of applying for Australian work visas is complex, contact the professionals at The Migration Place today to ensure your application is conducted smoothly and efficiently.

What our Clients Say

"Hi Gabriella, just a quick note to say thank you very much. I really appreciate all the effort you put into my case. It's a great relief to finally get it all sorted. Yours very gratefully, John C."

John C.

"Dearest Gabriella. A very good morning to you. We had our Citizenship Ceremony on Australia day and had a great time. Just wanted to thank you and all for your help. Very much appreciated. Thanks. The Loh Family"

The Loh Family

"Good Evening Gabriella, Zeke and Mabruk, I would like to write to formally thank you guys for helping me with the Prospective Marriage Visa, Liberty and I are very grateful for your services, which we found was excellent and extremely professional. I would recommend Irish Bentley and The Migration Place anytime to anyone. I hope to work with you guys again for the permanent visa Thank you for your help and we greatly appreciate it. Brian and Liberty"

Brian and Liberty

"Gabriella, We cannot thank you enough for this. You have been absolutely amazing to deal with and so patient. We will absolutely give you a very positive review and will recommend you to anyone that is in need of an immigration lawyer. You have no idea happy this has made Ken and I, now we are able to start our life in Australia stress free. Once again THANK YOU SO MUCH."

Julia and Ken

"Corina You’re a doll! Thank you so much for all your help with my 457 Visa, you really made my day/life! 🙂 Your kind assistance is truly and greatly appreciated. Thank you very much, as always 🙂 N. Rikhi"

N. Rikhi
Australian work visa