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Employer Sponsored Migration - Visa Requirements
Employer Sponsored Visas - Temporary Business (Long Stay) (Subclass 457)
For a Subclass 457 visa application there are generally three steps involved in employing a person from overseas to work in Australia.
The three stages involved are:
Stage 1: Lodging an employer sponsorship application where the employer must be approved as a sponsor;
Stage 2: Lodging a business nomination (lodged by the employer) that describes the position to be fulfilled;
Stage 3: Lodging a visa application. In order for stage three to be successful, Steps 1 & 2 must be approved by DIAC.
Stage 1 - Employer Requirements
The employer needs to show 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 show the following:
- 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:
- Employee has the required skills for the position;
- Employee is qualified for the position.
If you are seeking a visa that will allow you to live and work in Australia and you do not have employment already arranged you should be applying for a different type of visa (a skillled visa). Please click here to find out more information about a skilled visa and to take the skilled visa Point Test.
Employer Sponsored Visas - Employer Nomination Scheme (Subclass 121 and 856)
The ENS has been developed for Australian employers to recruit permanent highly skilled staff when they have been unable to fill the position from the Australian Labour Market.
The ENS has two stages:
Stage 1: Nomination by an employer;
Stage 2: Employee's application for a visa (nominee's).
Stage 1 - Employer Requirements
The employer needs to show the following:
- Company is actively and lawfully operating in Australia.
- It has a need for the paid employee.
- It has a satisfactory record of training Australians.
- There is a requirement for a permanent and on-going position
- That meets the minimum salary level for this visa and
- The occupation is on the ENS Skilled Occupation List
Stage 2 - Employee's Requirements
The employee needs to show the following:
- Has the required skills for the position;
- Qualified for the position;
- Less than 45 years of age;
- Has vocational English.
If you are seeking a visa that will allow you to live and work in Australia and you do not have employment already arranged you should be applying for a different type of visa (a skillled visa). Please click here to find out more information about a skilled visa and to take the skilled visa Point Test.
Employer Sponsored Visas - Regional Skilled Migration Scheme (RSMS) (Subclass 119 and 857)
The RSMS has been developed for Regional Australian employers to recruit permanent skilled staff when they have been unable to fill the position from the Australian Labour Market.
The RSMS has three stages:
Stage 1: Employer applies for certification
Stage 2: Nomination by an employer;
Stage 3: Employee's application for a visa (nominee's).
Stage 1 - Employer applies for Certification from their Regional Certifying Body
Stage 2 - Employer Requirements
The employer needs to show the following:
- The position is full-time, available for a minimum 2 year period, meets all relevant Australian standards and workplace legislation for wages and working conditions.
- The position requires qualifications equivalent to at least Australian diploma level (unless exceptional circumstances apply).
- Certification by RCB.
Stage 3 - Employee's Requirements
The employee needs to show the following:
- Has the required skills for the position;
- Qualified for the position;
- Less than 45 years of age;
- Has functional English.
If you are seeking a visa that will allow you to live and work in Australia and you do not have employment already arranged you should be applying for a different type of visa (a skillled visa). Please click here to find out more information about a skilled visa and to take the skilled visa Point Test.
