Employer Sponsored Visas

Employer-Sponsored Migration Programs to Australia

Australia has one of the best job markets in the world, and one of the key pathways for migrating to this country is through employer sponsorship. This migration program is especially designed for individuals who want to be employed by an Australian employer and migrate to Australia through this employment.

Australian employers play a crucial role in the work migration process and have several responsibilities, including providing a valid job offer, nominating the worker for a visa, complying with legal regulations such as paying wages, and providing suitable working conditions.

Introduction to Employer-Sponsored Migration Programs in Australia

Employer-sponsored migration programs in Australia include a set of visas and facilities that allow skilled and professional workers to migrate to the country under the sponsorship of an Australian employer. These programs are divided into two main categories:

1. Temporary Employer-Sponsored Visa:

   • This type of visa allows workers to work in Australia for a temporary period. These visas include the 482 (Temporary Skill Shortage Visa). There are three subcategories under this visa, and workers can apply based on the type of job needs:

     1. Short-Term Stream: This stream is suitable for occupations listed on the Short-Term Skilled Occupation List (STSOL) typically for up to two years. The visa is issued for a maximum of two years, with the possibility of a one-time extension for another two years.

     2. Medium-Term Stream: This stream is for occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) for up to four years. The visa is issued for four years, and visa holders can apply for permanent residency (PR) after three years.

     3. Labour Agreement Stream: This stream is for employers who have an agreement with the Australian Department of Home Affairs (DOHA) to employ skilled workers from overseas.

English Language Requirements for TSS Visa

The required English language tests for the TSS visa include several options, and applicants must take these tests before applying for the visa and submit their results with the visa application. Acceptable tests are:

• IELTS: Overall average of 5, with a minimum score of 4.5 in each of the four skills.
• OET: Minimum score of B in each of the four skills.
• TOEFL iBT: Overall minimum score of 35, with a minimum score of 3 in listening and reading, and a minimum score of 12 in speaking and writing.
• PTE Academic: Overall average of at least 36, with a minimum score of 30 in each of the four skills.
• CAE: Overall average of at least 154, with a minimum score of 147 in each of the four skills.

The date of these tests must be within three years prior to the date of the visa application. However, there are some exemptions from English language requirements.

2. Permanent Employer-Sponsored Visa:

   • These visas allow skilled workers to permanently reside in Australia. This includes two main types:

     1. Visa 186 (Employer Nomination Scheme): This visa allows Australian employers to use skilled foreign workers to fill their job needs and, in return, grants individuals permanent residency in Australia. It is designed for those with specific experience and skills who can contribute to Australia’s economy and society. Currently, the 186 visa is divided into three types, and the visa applicant should decide the most suitable option with legal consultation.

     2. Visa 187 (Regional Sponsored Migration Scheme): This visa allows Australian employers to use skilled foreign workers to fill job needs in isolated regions of Australia and, in return, grants individuals permanent residency in Australia. This migration program is aimed at the development and economic growth of these regions.

Eligibility Criteria for Employer-Sponsored Visas

To qualify for an employer-sponsored visa, applicants generally need to meet several criteria:

• Skills Assessment: Applicants must have their skills assessed by a relevant assessing authority to ensure they meet Australian standards for the occupation.
• Work Experience: Relevant work experience in the nominated occupation is typically required.
• Age Limit: Applicants usually need to be under a certain age, typically 45, although exemptions can apply.
• Health and Character Requirements: Applicants must meet health and character requirements, including police checks.
• Sponsorship: An approved Australian employer must nominate the applicant for the visa.

Family Inclusion and Future Citizenship

With either the 186 or 187 visa, you can bring your family with you to Australia. They are also allowed to work and study in Australia and, in the future, if they meet the necessary conditions, they can become Australian citizens.

Benefits of Employer-Sponsored Migration

Employer-sponsored migration provides numerous benefits for both the employees and employers:

• For Employees:
  • Opportunity to gain international work experience.
  • Pathway to permanent residency and eventually Australian citizenship.
  • Access to Australian healthcare and education systems for themselves and their families.
• For Employers:
  • Ability to fill skill shortages in their workforce with qualified international talent.
  • Enhance the diversity and expertise within their teams.
  • Contribute to the growth and competitiveness of their business.

How Enlight Legal & Migration Can Help

Navigating the complexities of the Australian work visa application process can be challenging. Enlight Legal & Migration offers expert guidance and support to help you successfully obtain your employer-sponsored visa.