Employer Sponsored Visas

The subclass 457 visa is designed to allow Australian employers to recruit overseas employees when businesses are unable to fulfill their employment needs from within the Australian market. The visa is a temporary residency visa that can be granted for a period of time ranging from 3 months to 4 years. The visa process is a three phase process involving a sponsorship, nomination and visa application. 

The business needs to satisfy a number of criteria including providing evidence that it is actively engaged in business activities and has a satisfactory training record. New businesses and proposals may be considered if there is a clear intention to establish the business and an auditable training plan is in place.

Businesses that have no formal operating base or representation in Australia may also apply to bring employees to Australia, on a temporary basis, in order to

Establish a branch, joint venture or agency distribution and subsidiary branches in Australia; or 

Fulfil obligations for a contract or other business activity in Australia

Sponsors will need to nominate an occupation for the employee that is on the government’s gazetted list, and will need to demonstrate that the employee will be paid a market related salary. In addition, for the nomination to be approved, the market salary rate must be greater than the Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT is currently A$53,900

Employees must demonstrate that they have the necessary skills and qualifications to undertake the position nominated. In addition the employee and family members will need to pass medical checks.

The business will also have to demonstrate that Australia will benefit through the employment of temporary entrants in the business and that the business will introduce new “cutting edge” technology to Australia. It will also need to demonstrate that there is a commitment to training Australians and employing Australians once the business is established.

The Employer Nomination Scheme allows Australian employers to fill highly skilled positions in Australia with a non-Australian citizen or resident. The ENS enables Australian employers to recruit, on a permanent basis, highly skilled staff from overseas or temporary residents already in Australia, when they are unable to fill a vacancy from within the Australian labour market or through their own training.

The sponsoring company will need to show that they satisfy the following criteria, amongst others:

• there is a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in Australia
• the employer has a satisfactory record of training employees
• the nominated position corresponds to an occupation specified on Consolidated Sponsored Occupation List (CSOL),
• the nominated position will provide employment on a full-time basis for at least 3 years;
• the nominated position provides working conditions which are no less favourable than those provided for under the relevant Australian legislation and awards; and
• the nominated position will pay a salary that is at least the specified minimum salary level for the occupation

The employee needs to meet the following requirements, amongst others:

• Have a satisfactory skill assessment from an Australian assessing authority and 3 years post qualification work experience
• Have been nominated for a position with a base salary specifed by a legislative instrument
• Be less than 50 years of age unless a specific exemption applies
• Have vocational English language ability, unless a specific exemption applies
• Satisfy mandatory health and character checks

The RSMS allows employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market. Any employer can participate in the scheme as long as their business and the position being filled is in an area covered under the RSMS. All areas of Australia are covered except Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.

A nomination made under the RSMS cannot be approved unless it has been certified by a Regional Certifying Body. the Certifying Body will assess whether or not there is a need for a paid employee in the business operated by the employer and the employer is actively operating in a regional or low population growth area of Australia; and that the nominated position is located in a regional or low population growth area and is for at least 2 years from commencement .

The employer also needs to show that :

• they have a satisfactory record of compliance with Australian immigration and workplace relations law;
• the employer does not have any adverse information against it or it's officers;
• the nominee will be paid on a salary and working conditions that accord with the relevant Australian legislation and award.
• The employee needs to meet the following requirements, amongst others:
• Hold, or is eligible to hold, any mandatory registration, licence or professional membership which allows work independently and without further training
• Be less than 50 years of age unless a specific exemption applies
• Have functional English language ability, unless a specific exemption applies
• atisfy mandatory health and character checks