Employer Sponsored Visas

Employer Sponsored Visas allow skilled overseas workers to live and work in Australia for their nominating Australian employer. Visa applicants must be qualified or have sufficient experience working in an occupation listed on the relevant Skilled Occupation List.

The bellow table lets you compare sponsored visas for skilled workers. You can sponsor someone to come to Australia permanently or temporarily to fill a nominated skilled role.

Temporary Skill Shortage Visa
(TSS Visa) Subclass 482

The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position.

Are you eligible to apply for the TSS visa?

The TSS visa has a short-term stream and a medium-term stream. Applicants with occupations on the Short-Term Skilled Occupations List (STSOL) are eligible for visas of up to two years (renewable once, for a further two years), whilst those on the Medium and Long-Term Strategic Skills List (MLTSSL) can apply for up to four years, with eligibility for permanent residency after three years.

Occupation

You must be nominated by an employer whose business is lawfully operating in Australia.You must be employed to work in the nominated occupation and in a position within the sponsoring business or an associated entity of that business, located in a designated regional area of Australia. In determining whether the proposed nominated occupation is an accurate reflection of the duties of the position, the Department of Home Affairs uses the Australian New Zealand Standard Classification of Occupations (ANZSCO).

Both the position description and the TSS visa applicant’s employment and education history must reflect the description provided by ANZSCO.

Have relevant skills, qualifications and work experience

The applicant must have the skills required to fulfil the role. Whilst the skills required vary in accordance with the occupation in question, all TSS visa applicants are required to have a minimum of two years’ relevant work experience.

When examining a TSS visa applicant’s skills and qualifications against the nominated position, Home Affairs case officers cross-reference the position description supplied in the employer’s nomination application with the visa applicant’s qualifications and work references.

Applicants must also need to meet English language requirements at the time of application unless they are from an exempt country.

Other information

Health and character criteria will also need to be met. Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.

How do I apply for a TSS visa?

There are three steps to the application process.

1 - Standard business sponsorship

A business must become approved as a Standard Business Sponsor (SBS) in order to employ a TSS visa holder. To obtain a Standard Business Sponsorship status, the business must demonstrate lawful and active operation in Australia.

2 - Nomination

Following the SBS application, an employer must nominate a position within their business as one which must be filled by the applicant. There are various requirements to be met:

Labour market testing

To nominate an employee for a TSS visa, a business must demonstrate that they are unable to find an Australian citizen or permanent resident with the skills and experience needed to fill the nominated position. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. Advertisement must meet the specific requirements, placed within the last 4 months in at least three platforms (including the government’s jobactive website) for a minimum period of 28 days will be acceptable.

Salary level

The salary for the nominated position must meet two requirements. Firstly, the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by The Department each year and is currently $53,900 plus superannuation. Secondly, overseas workers are paid no less than an Australian worker would doing the same work in the same location, that is, the 'annual market salary rate (AMSR).

Note: Some occupations will also be subject to caveats that set a minimum remuneration level that is above TSMIT.

Training levy

The introduction of the TSS visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The SAF levy will make nominating employees a considerably more expensive undertaking for a business.

The amounts payable per applicant are set out as follows:

3 - Visa application

Step three of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.

Employer Nomination Scheme Subclass 186 (ENS)

Employer Nomination Scheme (ENS) visas are permanent residency visas for skilled workers. They are available both to applicants who are already living and working in Australia as temporary residents, and to those living outside Australia. To be eligible for this visa, a skilled individual must be nominated by an Australian employer.

Are you eligible to apply for the ENS (186) visa?

The subclass 186 visa has two streams, the Temporary Residence Transition (TRT) Stream and the Direct Entry (DE) Stream. Each stream has different criteria.

The Temporary Residence Transition Stream

There are two cohorts of applicants who may apply through the TRT stream; those who had applied for or held a 457 visa before 18 April 2017, and those who applied for a 457 or 482 visa after 18 April 2017.

If your 457 visa was applied for pre 18 April 2017 and subsequently granted, you can apply for the 186 visa once you have worked with your sponsor for a minimum of two years whilst the holder of this visa, on the basis of grandfathering arrangements set out by the Department of Home Affairs. In this situation, you must be under 50 years of age.

If your 457/482 visa was granted after 18 April 2017, you must have an occupation on the MLTSSL, and can then apply for the 186 visa once you have worked for your sponsor for three years whilst the holder of this visa. This cohort of applicants cannot apply for the 186 visa if they have an occupation on the STSOL. This cohort of applicants cannot apply for the 186 visa if they have an occupation on the STSOL, unless they are located in a regional area, and have worked for the nominating employer for three years whilst the holder of a 457 or 482 visa. Applicants in this situation must be under 45 years of age.

All applicants in this stream must demonstrate that they have earned the salary nominated in their 457/482 nomination in each relevant year.

The Direct Entry Stream

Applicants in the DE stream must have an occupation on the MLTSSL and must obtain a positive skills assessment in this occupation prior to application. At least three years of employment at the skilled level is required. Applicants in the DE stream must be under 45 years of age.

How do I apply for a subclass 186 visa?

There are two steps to the application process.

An employer nomination must be lodged on behalf of an applicant before a visa application can be made. This nomination will outline the nominated occupation, terms and conditions of employment, and the financial viability of the nominating business. Employers must also detail how the position came to be available and justify the need to nominate the applicant. The nomination must also be accompanied by the Skilling Australia Fund levy.

Step two of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.

In all cases, a competent English score (IELTS 6 or equivalent, unless exempt) is required, as well as evidence of meeting the health and character requirements.

Skilled Employer Sponsored Regional (Provisional) visa Subclass 494 (SESR)

The subclass 494 visa is a provisional residency visa available to skilled workers. It is available both to skilled workers who are already living and working in Australia as temporary residents, and to skilled workers living outside Australia. To be eligible for this visa, a worker must be skilled in an occupation on the Regional Occupation List (ROL) and be nominated by an employer in a designated regional area.

What does this visa allow you to do?

Once a SESR visa is granted, provided the visa holder maintains the nominated employment within the designated regional area, they can remain in Australia for up to five years, with a permanent residency pathway available after three years.

Are you eligible to apply for a subclass 494 visa?

494 Applicants must be nominated by an employer whose business is lawfully operating in Australia and must obtain a positive skills assessment their nominated occupation prior to application. At least three years of employment at the skilled level is required.

How do I apply for a subclass 494 visa?

There are four steps to the application process.

1 - Standard business sponsorship

A business must become approved as a Standard Business Sponsor (SBS) in order to employ a 494 (SESR) visa holder. To obtain a Standard Business Sponsorship status, the business must demonstrate lawful and active operation in Australia.

2 - Nomination

Following the SBS application, an employer must nominate a position within their business as one which must be filled by the applicant. There are various requirements to be met:

Labour market testing

To nominate an employee for a SESR visa, a business must demonstrate that they are unable to find an Australian citizen or permanent resident with the skills and experience needed to fill the nominated position. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. Advertisement must meet the specific requirements, placed within the last 4 months in at least three platforms (including the government’s jobactive website) for a minimum period of 28 days will be acceptable.

Salary level

The salary for the nominated position must meet two requirements. Firstly, the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by The Department each year and is currently $53,900 plus superannuation. Secondly, overseas workers are paid no less than an Australian worker would doing the same work in the same location, that is, the 'annual market salary rate (AMSR).

Note: Some occupations will also be subject to caveats that set a minimum remuneration level that is above TSMIT.

Training levy

The introduction of the SESR visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The SAF levy will make nominating employees a considerably more expensive undertaking for a business.

3 - Regional Certifying Body application

The RCB’s role is to provide advice to Home Affairs on the SESR applications, using local area knowledge to advise on whether the nominee for the position will be paid at least the Annual Market Salary Rate (AMSR) for the occupation.

SESR 494 nominations must be accompanied by advice from an RCB; however, this advice can be provided before or after lodgement of the 494 nomination application with Home Affairs.

4 - Visa application

Step four of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.

Sounds complex? Probably because it is!

Unicons Migrations assists visa applicants and their employers throughout the above employer nominated visa application options. We identify the correct stream for the individual application and navigate the complexities associated with each. We provide advice and application management from start to finish to ensure the best possible permanent residence outcome. We also provide representation in skills assessment applications where required.