Employer Sponsored Visas in Australia: A Guide

In Australia, there are a range of Employer Sponsored visas available depending on the needs and circumstances of the employer, visa applicant, and the sponsored position. Some visas are only short term, some can allow stays for several years, some are permanent, and some are provisional that have a specific pathway for permanent residency. All Employer Sponsored visas have specific requirements for the employer and the prospective employee.

It is important to comply with all of these requirements as an employer. MSM Legal can advise your business on the requirements for you as the employer, and the requirements for the visa applicant. Both parties must meet all of the requirements set out by the Department of Home Affairs in order to achieve a successful outcome.

Importantly, after sponsorship is approved and/or a visa is granted there are ongoing obligations that must be met by both the employer and employee. Failure to comply with these obligations can result in a range of serious consequences including visa cancellation and the employer being barred from sponsoring any other employees.

MSM Legal has a team of lawyers with expertise in both commercial and migration law. We understand the dynamic nature of business, and the pressing demands of managing a business in today’s economy.

We know that businesses need their staff working as soon as possible. MSM Legal can work with you, your HR team, or your external accountant to manage the entire process. We will work with you to achieve the quickest outcome possible.

Successful Sponsorship

MSM Legal has a wealth of experience working on behalf of businesses to obtain Employer Sponsored visas in Australia. You will have peace of mind knowing that the team at MSM Legal are working hard on your behalf.

As a law firm specialising in Australian migration law, MSM Legal also has considerable experience in commercial and contract law. This is ideal for you as an employer. You can be confident that we understand every legal issue relating to Australian Employer Sponsored visas.

The success of your application relies on several criteria.

The Department of Home Affairs requires that the employment contracts of visa holders meet specific criteria. Our lawyers at MSM Legal can provide an employment contract for your situation that satisfies the Department of Home Affairs.

Additionally, the Department of Home Affairs requires nominating employers or companies to be a legitimate business. The ongoing activities of the business must comply with Australian law.

Our commercial lawyers can provide all of the necessary contracts and documentation. We can also help to make sure that your company complies with the Department requirements. These documents might be crucial to the success of the nomination application.

MSM Legal can assist you with any Employer Sponsored visa. We understand Australian migration law, and we understand business. Let us know how we can help you.

Call today. 08 8161 5088.

What are the Employer Sponsored Visa requirements?

Sometimes it can be difficult to fill a position from the Australian local labour market.

As an employer, you can consider sponsoring a worker to come to or remain in Australia with an Employer Sponsored visa.

Nominating employers are first required to attempt to fill the position with qualified, skilled workers already in Australia. This includes migrants in Australia on a temporary visa with full work rights. If this is not possible, you can explore the visa options for employers to sponsor a worker.

Employers must be approved by the Department of Home Affairs in order to sponsor a worker.

As an employer, if you sponsor a worker, you are required to meet several obligations.

You can apply to sponsor a permanent visa, or a temporary visa.

Factors to consider include the skill level required to fill the position and the salary level of the position. In addition, employers should consider the duration of the available position.

Generally, the job on offer must be included on the relevant Skilled Occupations List. (There are some exceptions to this.)

These lists change frequently, depending on the Australian job market.

There are also variants of this list that may apply in some areas of Australia, and not others. For example, an occupation may be on the Regional Sponsored Migration Scheme (RSMS) List, but may not appear on the Short-term Skilled Occupation List (STSOL).

The process of nominating a worker for an Employer Sponsored visa can vary depending on the type of visa.

MSM Legal has years of experience with these applications and can advise and assist you. Our team of lawyers are experts in immigration law. We can guide you through the entire process.

We know business owners value their time. We can take care of everything for you, from nomination through to employment contracts.

Let us help you today.

Call 08 8161 5088 now.

Employer Sponsored Permanent Visas

Employer Nomination Scheme visa | Subclass 186

The ENS visa 186 is a permanent visa. It lets workers live in Australia permanently.

There are three streams for the 186 visa:

  • Direct Entry stream: The worker must be nominated by an Australian employer for an occupation on the approved list.
  • Labour Agreement stream: The 186 visa allows an approved business to nominate a worker for a visa under a labour agreement. The Department of Home Affairs works with employers to develop the agreement.
  • Temporary Residence Transition stream: Open to workers who have worked for their employer for 3 years under a 457 visa. Also workers on a skills shortage TSS visa or related bridging visas A, B or C can be considered for this visa.

Do you have workers in need of a permanent visa? MSM Legal can advise you on the best path for your employee and for your business.

Call to arrange a consultation today, 08 8161 5088

Australian Skill Shortage visas

Temporary Skill Shortage visa | Subclass 482

The TSS visa 482 helps Australian employers solve skill shortages in the labour market.

Employer Sponsored visas 482 are available in three streams

  • Short Term
  • Medium Term
  • Labour Agreement

If the job is not on the Skilled Occupation list, it is possible to apply for a labour agreement.

Seek advice today from the experts at MSM Legal about the options available in your circumstances. We can assist you with all of the documents required for Employer Sponsored visas.

Global Talent Employer Sponsored Program

Some positions require highly-skilled workers that are not covered by other Employer Sponsored visa programs.

The Global Talent Employer Sponsored program allows businesses to employ highly-skilled specialists to work in Australia. The GTES agreement will require the transfer of skills and knowledge to Australian workers in your business.

The GTES Program has two streams: the Established Business stream, and the Startup stream. The requirements regarding earning capacity in the GTES Program are quite different to those in the TSS program.

MSM Legal has considerable experience working with businesses to obtain Employer Sponsored Visas for their organisations. We know that prompt action and attention to detail are critical.

Let us assist you with your visa sponsorship today.

Employer Sponsored Visas that are now closed to application

·        Regional Sponsored Migration Scheme visa | Subclass 187 (direct entry stream)

·        Skilled Regional (Provisional) visa | Subclass 489 (invited pathway)

·        Employer Sponsored Visa | Subclass 457

The Department of Home Affairs closed visa 187 and visa 489 to new applications in November 2019.

Instead of the Employer Sponsored visa 187 and the 489 visa, the Department of Home Affairs have introduced the Skilled Employer Sponsored Regional (Provisional) visa subclass 494, and the Skilled Work Regional (Provisional) visa subclass 491.

The Employer Sponsored Visa 457 has been closed to new applicants since 2017. It was replaced by visa 482.

If you are unsure which visa will work best for your prospective employees, contact expert lawyers at MSM Legal today. We are ready to guide you.

Call 08 8161 5088 to arrange a consultation.