Employer Sponsored

/Employer Sponsored
Employer Sponsored 2018-09-13T11:38:07+00:00

Temporary Work (Skilled) Visa (Subclass 457)

On 18 April 2017, the Government announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa in March 2018.

Temporary Skills Shortage Visa (Subclass 482)

Employer

The business seeking to employ you must:

  • be actively and lawfully operating in Australia; OR
  • be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation, or to fulfil contractual obligations).

In addition, there must not be any adverse information known that is relevant to the business’s suitability as an approved sponsor.

Note: Adverse information includes (but is not limited to) contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department).

Accreditation

Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your employer’s business may be eligible for accreditation.

Nominated Position

The position to be filled must:

  • be a genuine, full-time position
  • be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt from this requirement)

Note: If the sponsor is located overseas, the position must be located in the sponsor’s business

  • have a salary that is:
    • at least $53,900 per year (excluding any non-monetary benefits) AND
    • at least the annual market salary rate (AMSR) for your nominated occupation

Note: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than $250,000 per year.

  • be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
  • have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for at least 4 weeks

Note: Alternative LMT criteria apply in certain circumstances. Evidence provided in support of LMT must meet strict criteria regarding the location, type and content of the advertisement. Sponsors are not required to undertake LMT if an International Trade Obligation applies. Please contact us for further information regarding the type of LMT required for your nomination.

ADDITIONAL REQUIREMENTS: MEDIUM-TERM STREAM

To qualify for the Medium-term stream of this visa, the nominated position must also be:

  • on the current Medium and Long-term Strategic Skills List (MLTSSL) OR
  • on the Regional Occupation List (ROL) AND located in a regional area of Australia

Note: Certain occupations on these lists will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position). Please contact us for further details based on your particular circumstances.

The Medium-term stream allows for a maximum four-year term of employment.

ADDITIONAL REQUIREMENTS: SHORT-TERM STREAM

To qualify for the Short-term stream of this visa, the nominated position must also be on the Short-term Skilled Occupation List (STSOL).

Note: Certain occupations on this list will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position). Please contact us for further details based on your particular circumstances.

The Short-term stream allows for a maximum two-year term of employment, unless an International Trade Obligation (ITO) applies.

IMPORTANT: If you have held more than one subclass 482 TSS visa in the Short-term stream, you will NOT be eligible to apply for another visa in this stream whilst you are in Australia, unless an ITO applies.

Visa Applicant

As the visa applicant, you must:

  • have skills (qualifications and/or work experience) that match those required for the nominated position

Note: Certain applicants will be required to undergo a formal skills assessment, which must be commenced prior to lodging the visa application. Please contact us for further details based on your particular circumstances.

  • have at least two years of full-time experience (or the part-time equivalent) in your nominated occupation (or a related field)
  • genuinely intend to work in the nominated position
  • meet any mandatory licensing, registration or professional membership requirements
  • have made adequate arrangements for health insurance during your stay in Australia, and meet the relevant health and character criteria

ADDITIONAL REQUIREMENTS: MEDIUM-TERM STREAM

To qualify for the Medium-term stream of this visa, you must also:

  • have the required level of English proficiency i.e.
    • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
    • an IELTS test score of at least 5 in EACH test component OR
    • an OET test score of at least B in EACH test component OR
    • a TOEFL iBT overall test score of at least 35 (with a minimum of 4 for listening, 4 for reading, 14 for writing and 14 for speaking)OR
    • a PTE test score of at least 36 in EACH test component OR
    • a CAE test score of at least 154 in EACH test component

Note: In each case, the test must have been undertaken within the last three years.

You are exempt from this requirement if you have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English. Other exemptions also apply to a limited set of applicants – please contact us for further details.

ADDITIONAL REQUIREMENTS: SHORT-TERM STREAM

To qualify for the Short-term stream of this visa, you must also:

  • genuinely intend to stay in Australia on a temporary basis only
  • have the required level of English proficiency i.e.
    • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
    • an IELTS overall test score of at least 5.0 (with a minimum of 4.5 in EACH test component) OR
    • an OET test score of at least B in EACH test component OR
    • a TOEFL iBT overall test score of at least 35 (with a minimum of 3 for listening, 3 for reading, 12 for writing and 12 for speaking) OR
    • a PTE overall test score of at least 36(with a minimum of 30 in EACH component) OR
    • a CAE test score of at least 154 (with a minimum of 147 in EACH test component)

Employer Nomination Scheme (subclass 186)

DIRECT ENTRY STREAM

Employer

The business seeking to employ you must:

  • be actively and lawfully operating in Australia
  • genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years

Position

The position to be filled must be:

  • be full-time and available for at least 2 years from the time your visa is granted
  • be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)

Note: Certain occupations on this list will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position). Please contact us for further details based on your particular circumstances.

  • have a salary that is:
    • at least $53,900 per year (excluding any non-monetary benefits) AND
    • at least the annual market salary rate (AMSR) for your nominated occupationNote: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.
  • Be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa Applicant

As the visa applicant, you must (unless a specific exemption applies in any case):

  • have competent English i.e.
    • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
    • an IELTS test score of at least 6 in EACH test component OR
    • an OET test score of at least B in EACH test component OR
    • a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
    • a PTE test score of at least 50 in EACH test component OR
    • a CAE test score of at least 169 in EACH test component

    Note: In each case, the test must have been undertaken within the last three years.

  • have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority
  • have at least three years of full-time experience in your nominated occupation
  • be under 45 years of age
  • meet any mandatory licensing, registration or professional membership requirements
  • satisfy the relevant health and character criteria

TEMPORARY RESIDENCE TRANSITION STREAM

Employer

The business seeking to employ you must:

  • still be actively and lawfully operating in Australia
  • genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years

Position

The position to be filled must:

  • be full-time and available for at least 2 years from the time your visa is granted
  • be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)

Note: This requirement does not apply if on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 Temporary Work (Skilled) visa.

Certain occupations on the MLTSSL will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position). Please contact us for further details based on your particular circumstances.

  • have a salary that is:
    • at least $53,900 per year (excluding any non-monetary benefits) AND
    • at least the annual market salary rate (AMSR) for your nominated occupation

Note: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.

The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.

  • Be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa Applicant

As the visa applicant, you must:

  • have held one of the following visas to work on a full-time basis in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 3 years during the last 4 years:
  • subclass 457 Temporary Work (Skilled) visa OR
  • subclass 482 Temporary Skill Shortage (TSS) visa in the Medium-term stream OR
  • subclass 482 TSS visa in the Short-term stream, if on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa

Note: If on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa, then you only need to meet the above criteria for 2 years during the last 3 years.

  • be genuinely performing the tasks of your nominated occupation
  • have competent English i.e.
  • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
  • an IELTS test score of at least 6 in EACH test component OR
  • an OET test score of at least B in EACH test component OR
  • a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
  • a PTE test score of at least 50 in EACH test component OR
  • a CAE test score of at least 169 in EACH test component

Note: In each case, the test must have been undertaken within the last three years.

You are exempt from the requirement to have ‘competent English’ if you have completed at least five years of full-time study in a secondary and/or higher education institution where all instruction was conducted in English.

  • be under 45 years of age (unless exempt from this requirement)

Note: If on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa, then you must only be under 50 years of age

  • meet any mandatory licensing, registration or professional membership requirements
  • satisfy the relevant health and character criteria

Regional Sponsored Migration Scheme Visa (Subclass 187)

DIRECT ENTRY STREAM

Employer

The business seeking to employ you must:

  • be actively and lawfully operating in a regional area of Australia
  • genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years

Nominated Position

The position to be filled must:

  • be full-time and available for at least 2 years from the time your visa is granted
  • be located in the regional area of Australia in which your employer operates its business
  • not be able to be filled by an Australian citizen or permanent resident who is living in (or would move to) the area in which the position is located
  • be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL) OR the Regional Occupation List (ROL)
  • have a salary that is:
    • at least $53,900 per year (excluding any non-monetary benefits) AND
    • at least the annual market salary rate (AMSR) for your nominated occupation

Note: The AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.

The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.

  • be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa Applicant

As the visa applicant, you must (unless specifically exempt from any requirement):

  • have competent English.
    • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
    • an IELTS test score of at least 6 in EACH test component OR
    • an OET test score of at least B in EACH test component OR
    • a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
    • a PTE test score of at least 50 in EACH test component OR
    • a CAE test score of at least 169 in EACH test component

Note: In each case, the test must have been undertaken within the last three years.

  • have the qualifications required by ANZSCO for your nominated occupation

Note: This does not apply to applicants who are nominated for certain trade occupations, and have no Australian qualifications. Such applicants must instead obtain a formal skills assessment.

  • have at least three years of full-time experience in your nominated occupation
  • be under 45 years of age
  • meet any mandatory licensing, registration or professional membership requirements
  • satisfy the relevant health and character criteria

TEMPORARY RESIDENCE TRANSITION STREAM

Employer

The business seeking to employ you must:

  • be actively and lawfully operating in a regional area
  • genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years

Position

The position to be filled must:

  • be full-time and available for at least 2 years from the time your visa is granted
  • be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL) OR the Regional Occupation List (ROL)

Note: This requirement does not apply if on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 Temporary Work (Skilled) visa

  • have a salary that is:
    • at least $53,900 per year (excluding any non-monetary benefits) AND
    • at least the annual market salary rate (AMSR) for your nominated occupation

Note: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.

The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.

  • be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa Applicant

As the visa applicant, you must:

  • have held one of the following visas to work on a full-time basis in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 3 years during the last 4 years:
  • subclass 457 Temporary Work (Skilled) visa OR
  • subclass 482 Temporary Skill Shortage (TSS) visa in the Medium-term stream OR
  • subclass 482 TSS visa in the Short-term stream, if on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa

Note: If on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa, then you only need to meet the above criteria for 2 years during the last 3 years.

  • be genuinely performing the tasks of your nominated occupation
  • have competent English i.e.
    • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
    • an IELTS test score of at least 6 in EACH test component OR
    • an OET test score of at least B in EACH test component OR
    • a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
    • a PTE test score of at least 50 in EACH test component OR
    • a CAE test score of at least 169 in EACH test component

Note: In each case, the test must have been undertaken within the last three years.

You are exempt from the requirement to have ‘competent English’ if you have completed at least five years of full-time study in a secondary and/or higher education institution where all instruction was conducted in English.

  • be under 45 years of age (unless exempt from this requirement)

Note: If on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa, then you must only be under 50 years of age.

  • meet any mandatory licensing, registration or professional membership requirements
  • satisfy the relevant health and character criteria