Join Date: Jun 2009
Location: PERTH WA
Posts: 483
Sheelagh Brigid Blanckenberg Registered Migration Agent
MARN 0100161
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What is an Employer Sponsored Visa?
These visas allow lawfully operating Australian and overseas employers to sponsor and employ skilled workers who have recognised qualifications and skills/or experience in particular occupations required in Australia. They allow for skilled people to be employed in Australia on a temporary or permanent basis. Temporary visas can offer a pathway to a permanent visa.
TEMPORARY EMPLOYER SPONSORED VISAS
Business (Long stay) visas are a type of visa commonly used by Australian and overseas companies for the international transfer or international recruitment of skilled employees. Known as 457 visas, they allow employees to work and live in Australia for periods of up to four years. An application involves 3 steps:
1. A sponsorship lodged by the company. Companies wishing to employ overseas employees in Australia are required to obtain the status of a business sponsor.
To be approved as a business sponsor, the company must:
- have a satisfactory record of compliance with immigration laws
- have a reputable business background and
- be able to meet sponsorship undertakings and obligations
The company must also demonstrate that they have a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in their business operation in Australia.
In a Business Sponsorship, employers will be able to nominate overseas workers under the Subclass 457 visa program for 3 years. After this period, if the company wants to continue to sponsor overseas workers under the Subclass 457 visa program, a new sponsorship application must be made.
2. A nomination lodged by the company. The nomination must specify that the company requires the expertise of an overseas employee for a position and the skills and experience required.
In the nomination application, the Department of Immigration and Citizenship (DIAC) will assess whether the position relates to an occupation which meets a minimum skills threshold; and that it is to be remunerated at a minimum salary level or above.
Skill threshold – A minimum skill level applies to all positions to be filled by overseas employees and the skill level is that required for the occupations gazetted at the time the nomination is lodged with DIAC. These occupations are based upon those described in the Australian Standard Classification of Occupations (ASCO), major groups 1-4 inclusive.
Salary threshold – The nominated salary must meet a minimum salary level specified by a Gazette Notice in effect at the time the nomination application is lodged. This salary is the gross salary paid, excluding benefits.
English waiver – Overseas workers must have English language skills equivalent to an average band score of at least 5 in each of the four test components of speaking, reading, writing and listening in an International English Language Testing System (IELTS) test, unless exempted in certain special circumstances, such as where:
- their first language is English and they are the holder of a passport from a gazetted country;
- their nominated occupation is within ASCO groups 1-3 (chefs and head chefs excluded);
- they have completed at least 5 years fulltime secondary or tertiary education conducted primarily in English;
- they are paid at least a gross base salary as specified in a legislative instrument.
These exemptions do not apply if applicants must have a higher level of English in order to meet licensing, registration or membership requirements in the nominated occupation.
3. A visa application lodged by the nominee. To be granted a subclass 457 visa, the nominee and any of their dependents must satisfy public interest criteria which include a health testing. This includes a chest x-ray for persons 11 years or older, a medical check for children, and may include medical tests for adults in some circumstances. The nominee will also need to demonstrate he/she has the skills and experience required for the nominated position, including eligibility for any mandatory licences or registration required to work in the occupation in Australia. In addition, if he/she holds or has previously held an Australian visa, DIAC must be satisfied that there has been compliance with the conditions of that visa.
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PERMANENT EMPLOYER SPONSORED VISAS - ENS and RSMS
Employer Nomination Scheme (ENS)- Criteria and Requirements
The most common visa that companies use for permanent residence is the ENS.
The ENS enables employers to sponsor highly skilled workers to fill skilled vacancies in their business. Skilled workers can be recruited either from overseas, or from people temporarily in Australia.
To qualify for this visa, the employee must be qualified in an occupation that has been gazetted by the Australian Government. The standard requirements are designed for employees under 45 years old, but exceptional appointments can be made for employees 45 or over. The nominated employee must also have vocational-level English language skills, but exceptional appointments can be made in some circumstances where this is not the case.
The sponsoring company must be willing to offer a full-time appointment of at least three years. The job offer must not exclude the possibility of renewal. Appointments which can be classified as permanent appointments generally meet this requirement.
The application process involves two parts, which can be combined. In the first part, the company nominates the position to be filled. The second part is the employee's visa application.
Among other requirements, the nominated position must involve a skilled occupation which appears on a list of occupations gazetted by the Government. The Government also gazettes minimum salary levels for each of the eligible occupations. The list of occupations is similar to that used for Business (Long Stay) subclass 457 visas, but there are a number of discrepancies between the two lists (i.e. not every occupation which can be sponsored for a temporary 457 visa can be sponsored for a permanent visa).
The visa requirements are designed specifically for an employee who has been working in Australia in the nominated occupation for at least two years, and with the nominating employer for at least one year. If an employer wishes to nominate an employee who has been employed for a lesser period, it is possible to do so, but other requirements must be met. These include:
• a base salary of $165,000 or more; OR
• the employee must demonstrate at least 3 years work experience after they qualified for their occupation; AND obtain a skills assessment with a relevant Australian assessing authority.
For companies located in areas appropriately designated by the Government, a related type of visa may be available. Known as the Regional Sponsored Migration Scheme (or RSMS), it operates in a similar manner, although the specific requirements are somewhat more flexible.
Regional Sponsored Migration Scheme (RSMS) - Criteria and Requirements
Companies located in regional or low population growth areas of Australia, unable to recruit skilled employees from the local labour market, are able to attract overseas personnel for skilled positions by offering permanent residence under the RSMS. The scheme is open to any employer so long as the business and the position being offered are located in Regional Australia which is currently defined as being in all areas of the country excluding Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong, Melbourne and Perth.
To qualify for this visa the employee must hold the equivalent of an Australian Diploma or higher qualification. The standard requirements are designed for employees under 45 years old, but exceptional appointments can be made for employees 45 or over. The nominated employee must also have functional-level English language skills, but exceptional appointments can be made in some circumstances where this is not the case.
The sponsoring company must be willing to offer a full-time appointment of at least two years. The job offer must not exclude the possibility of renewal. Appointments which can be classified as permanent appointments generally meet this requirement.
The application process involves three stages:
• Certification of the nomination by the Regional Certifying Body;
• Nomination of the position by the employer; and
• Nominee’s application for a visa.
The sponsoring business, where the nominee will work, must be located in a regional area. The regional certifying body must be satisfied that the business operates legally, is financially stable and creates a benefit to Australia.
The nomination will be assessed against the following criteria:
- the position is a genuine full time vacancy;
- the nominated position must be for a position that has a minimum skill level at least equivalent to Australian Diploma level (unless approved as ‘exceptional’);
- the position cannot be filled from the local labour market;
- the position is available for a period of two consecutive years;
- employment and remuneration are in accordance with Australian Industrial laws;
- there is evidence that an employment agreement will be entered into between the employer and nominee.
The visa application will be assessed against the following criteria:
- the nominee holds relevant qualifications at least equivalent to Australian Diploma level (unless approved as ‘exceptional’);
- the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements;
- the position is for a fixed term of at least two years;
- the nominee is less than 45 years of age (unless approved as ‘exceptional’);
- the nominee has functional level English (unless approved as ‘exceptional’).
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