Visa Requirements for Employer Sponsored Migration

Every visa application and approval as a business sponsor application must meet the actual legal requirements for that particular visa subclass in order to be successful. These requirements are found in the Migration Act 1958, Migration Regulations 1994, as well as in the policy guidelines contain in the Procedures Advice Manual (PAMS) which DIAC Case Officers use to assess applications. MY AUSTRALIAN VISA.com can provide you with the migration law expertise to submit the best possible visa application.

All employer sponsored visa subclasses have requirements which attach to the employer, the nominated occupation and to the visa applicant himself/herself.

Generally, there are 3 steps in the application process to sponsor an overseas skilled worker to work in Australia through employer sponsorship:

• The sponsorship, which is the application for approval of the business as being suitable to employ an overseas worker or workers. Thesponsorship application is considered against specific requirements in the Migration Regulations 1994.
• The nomination, which is the application for approval of the position(s) as being suitable to be filled by an overseas worker. The nomination application is considered against specific requirements in the Migration Regulations 1994.
• The actual visa application, which is the application for approval of the visa applicant as being suitable to fill the position. The visa application is assessed against the criteria contained in Schedule 2 of the Migration Regulations 1994 for the specific visa subclass.

Whilst the sponsor does not itself apply for a visa, they must apply to the DIAC for approval as a business sponsor.

Employer Nomination Scheme (ENS) (Subclass 121/856)

The ENS process has two stages:
1. nomination by an employer; and
2. the nominee's visa application

1. Requirements for the employer

The employer must:

• be actively and lawfully operating a legitimate business in Australia
• have a genuine need for a paid employee to fill a position in the employer's business
• have a satisfactory record of compliance with immigration law and workplace relations law
• have made adequate provision for training existing Australian employees, or if a newly established business, be making adequate provision for future training of Australian employees.

The nominated position which is vacant in the employer's business must:

• be full-time and available for at least 3 years
• be in accordance with the standards for working conditions provided under Australian industrial laws
• correspond to an occupation on the ENSOL
• attract a base salary that is at least the minimum salary that has been published in a Government Gazette Notice for the occupation.

2. Requirements for the nominee

The nominee (overseas skilled worker) must:

• has worked full-time in Australia in the occupation for which they have been nominated for the last 2 years, including at least the last 1 year working for the nominating employer

or

• has been nominated to fill a highly paid senior executive position with a salary of more that $165,000 per annum

or

• has had their skills assessed as suitable by the relevant skills assessing authority (published in a Government Gazette Notice) and, unless exceptional circumstances apply, has at least 3 years experience in the occupation
• Be able to satisfy any mandatory licensing, registration or professional membership requirements
• unless exceptional circumstances apply, be aged less than 45 years
• unless exceptional circumstances apply, have vocational English language ability
• meet mandatory health and character requirements.

Exceptional circumstances

Where a position is so unusual or highly specialised that the employer is unlikely to find any Australian Citizen or Permanent Resident who meets the established criteria to fill the vacancy, exceptions to the 3 years experience, age or English language requirements can be made.

The visa applicant must include a submission with their visa application which demonstrates the special skills required and/or the difficulties their employer experienced finding a nominee who does meet the experience, age or English language requirements.

Mr. Andre Congiu, Registered Migration Agent Number 0319022 can help you in this endeavour and indeed in all aspects of an employer sponsored visa application.

Business (Long Stay) Temporary (Subclass 457)

There are generally 3 steps involved in employing a person from overseas to work in Australia on a temporary basis.

The 3 stages involve:

Stage 1:

The employer must first be approved as a sponsor and this involves lodging an employer sponsorship application

Stage 2:

After the employer has been approved as a sponsor, the actual position vacant (nominated position) must be approved. This involves the employer lodging a business nomination that provides details of the position to be fulfilled;

Stage 3:

Only after Stage 1 & 2 has been approved by DIAC, can the actual visa applicant (the overseas skilled worker) lodge the visa application.

Stage 1 - Employer Requirements

The employer must provide evidence to demonstrate the following:

• Company is lawfully and actively an operating business;
• Company will be the direct employer;
• Company has a sound business record and abides by immigration laws;
• Company can show the employment will bring economic benefit to Australia;
• Company will advance employee's skills with training.

Stage 2 - Employer Requirements

The employer needs to provide the following information about the position:

• Company is an approved business sponsor;
• The position relates to an occupation which meets a minimum skill set;
• The position is to be paid at or above the minimum salary level.

Stage 3 - Employer / Employee Requirements

The employer needs to show the following:

• Company has an approved and current business sponsorship;
• Company has the nominated position approved.

The employee needs to show the following:

• That he/she has the required skills for the position;
• That he/she is qualified for the position.

The Level 1 Service allows for a professional assessment of your business sponsorship eligibility if you are an employer operating in Australia and preparation of a written document containing advice, information, application forms and support to manage approval as business sponsor applicant and an employer sponsored visa.

This is our most popular service and many clients have successfully utilised this affordable alternative to traditional migration consultancy.

This service also comes with our ongoing email support and a free 30 minute telephone conversation. Our email support is now unlimited. It is our interest to ensure our clients are satisfied with our service, and if successful in migration know they can rely on us for any help and support they may need to make the transition to Australian life as easy as possible.