Employer Sponsored Visa

What is an Employer Sponsored Visa

Employer Sponsored Visas allow skilled overseas workers to live and work in Australia for their designated Australian employer. The applicant must possess the skills and capability which feature as demand in Australia by means of the occupation list. Both employers and applicants need to be cognizant of the finer nuances which go along with this visa type, and the precursors which are mandated in order to adhere to the modalities and process guidelines.

Types of Employer Sponsored Visa

• TSS Visa (Temporary Skill Shortage Visa) Sub Class 482
• Temporary Activity Visa
• Regional Employer Sponsored Sub Class 494
• Employer Nomination Sub Class 186 (PR)

TSS -Temporary Skill Shortage- Subclass 482 Visa

TSS Visa enables employers to address labor shortages by hiring skilled workers where they cannot find an appropriately skilled Australian to do a certain job. It facilitates the employment of foreign workers to address temporary skill shortages while ensuring that Australian workers get priority.

It is important to note that TSS holders can work in Australia in their nominated occupation and may have a pathway for permanent residency if they are in the medium-term stream.

The broad level eligibility criteria for TSS are as follows:

• Occupation to be on the relevant occupation list
• IELTS not less than 5 in all bands
• No age limit
• Meet health and character requirements
• The requisite process should have been followed by the employer with regards to sponsorship

TSS has 3 categories of Visa:

• Short Term Stream- The occupation of the applicant should be a part of the STSOL, and the skilled immigrant can stay up to 2 or 4 years. This stream does not provide a pathway to PR.
• Medium-Term Stream- Where the skilled immigrant can stay up to 4 years. Also, the occupation should be listed either in Medium and Long Term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL). The applicant gets a pathway to PR post completion of 3 years in the role.
• Labor Agreement Stream- Where the skilled immigrants can stay up to 4 years and also their sponsored employer should have a labor agreement with the Commonwealth.

Temporary Activity Visa

The temporary activity visa allows professionals with specific skills or interests to visit Australia for a specified period of time and with relevant sponsorship, to conduct an activity as defined.

There are two types in this Sub Class of Visa:

Training Visa Subclass 407

This visa allows you to:

• Take part in workplace-based training to enhance your skills in your current occupation, area of tertiary study or field of expertise
• Participate in a professional development training program in Australia

Temporary activity Visa Subclass 408

You are eligible for this visa category under the following circumstances:

• If you are invited for Australian Government endorsed events
• If you are a part of any special programs which could include youth exchange, cultural enrichment or community programs.
• Do full-time religious work for a religious institution in Australia
• This visa lets you observe or take part in a research project at a research or tertiary institution in Australia
• This visa allows you to play ,coach, instruct or adjudicate for an Australian team, or do high level sports training with a sporting organization.

Skilled Employer Sponsored Regional- Subclass 494 Visa

To be eligible to apply for this temporary visa, you should be nominated and sponsored by an employer in Australia who lets you work in Regional parts of the country. Any location other than Melbourne, Sydney and Brisbane, qualifies you to apply for this subclass and recently, Perth and Gold coast have been nominated as regional locations as well.

The visa validity if is of 5 years and the visa holders are allowed to live, work and study in the nominated locations only.

The eligibility criteria are as follows:

• Be under 45 years of age
• Meet the desired standards of English proficiency
• Be nominated by an approved work sponsor
• Have an occupation from the relevant skilled occupation list
• Have a suitable skill assessment

There are two types in this Sub Class of Visa:

• Employer Sponsored Stream: This visa enables regional employers to address identified labor shortages within their region by sponsoring skilled workers where employers can't source an appropriately skilled Australian worker
• Labor Agreement Stream: This stream is for skilled workers nominated by employers who have a labor agreement. Labor agreements are developed between the Australian Government (represented by the Department) and employers.
• Subsequent Entrant: This visa is for the members of the family of SESR visa holders

Employer Nomination Scheme- Subclass 186 Visa

The Subclass 186 ENS visa or Employer Nomination Scheme visa is a permanent residency visa that requires the sponsorship of a nominating employer.

This visa involves a two-step process, which includes a nomination by an approved Australian employer, and a visa application by a skilled worker.

There are 3 main streams in this Visa type:

• Direct Entry Stream- The applicant should be on the skilled occupation list. Must be nominated by an Australian employer and should possess Competent standards of English
• Labor Agreement Stream-To qualify for this stream, the sponsored employer should have a labor agreement with the Australian government.
• Temporary Residence Transition Stream-the applicant must hold a 482 visa and should have worked for a sponsored employer for at least 3 years on a full time basis

Good to know:

• • If you are an employer then there are ways in which you can make your business eligible to sponsor or nominate workers from overseas
• The first step involves an SBS ( Standard Business sponsorship), for an employer to be able to hire from overseas
• Once you have an SBS, Labor Market Testing ( LMT) is one of the actions you are supposed to undertake as an employer to be able to justify your sponsorship intent from Overseas
• As an employer, a labor agreement with the government of Australia also enables you to hire talent from overseas in the areas of skill shortage.
• Timelines for Employer Sponsored visas can range anywhere between 7- 15 months