Work Visas

BUSINESS LONG STAY - SUBCLASS 457 VISA

Eligibility for the subclass 457 is based on the applicant’s occupation being on the Consolidated Skilled Occupation list. Also, the applicant’s salary must also exceed the published minimum as classified by the Temporary Skilled Migration Income

A company which has been operating for greater than 12 months is required to show that they can meet a training benchmark to be approved as a business sponsor. Startup companies which have been operating for less than 12 months must demonstrate that they have an audit able plan to meet the benchmarks.

In meeting the training benchmark, an Employer must either:

• Payment to an industry training fund of at least 2% of payroll; or

• Expenditure of at least 1% of payroll on the training of employees.

It is also possible for the holder of a 457 to change companies, as long as the new employer is also an existing eligible sponsor or prepared to become an eligible sponsor. The major benefit of a 457 visa is that the applicant does not usually need to obtain a formal migration skills assessment. This reduces the cost and time for approval of the visa. After two years with an employer, the applicant of a 457 can apply for permanent residency through the temporary residence transition stream. The primary advantage of this approach is that a skills assessment is not required.

For more information we recommend you contact us for an appointment or click here to complete the free visa eligibility assessment.

Looking for more information? Please call us on 08 6364 3782.

EMPLOYER NOMINATED SCHEME – SUBCLASS 186

Similar to the Subclass 457 visa, an applicant’s occupation must be listed on the Consolidated Skilled Occupation list to be eligible for the ENS subclass 186 visa. Unlike the 457 however, the subclass 186 will result in permanent residency for the applicant and secondary applicants. The Employer Nominated Scheme 186 visa requires a significantly higher level of documentation than a 457 visa, and as such difficulties can be encountered.

There are two steps in applying for the subclass 186 ENS visa:

• Nomination: involves review of the business’ operations as well as the position offered to the employee

• Visa Application: There are three streams to apply for an ENS visa. Each stream has its own respective requirements which vary extensively and are mutual exclusive.

Three Visa Application Pathways

There are three possible application pathways for an ENS visa:

• Temporary Residence Transition Stream: where applicants have been employed by their company on their subclass 457 visa for the last 2 years. Generally, no skills assessment is required and an English level equivalent to International English Language Test System (IELTS) score 5 is required.

• Direct Entry Stream: the applicant will need to provide a skills assessment conducted by the relevant skills assessment body for their profession, and show that they have worked in their occupation for three years. An IELTS score of 6 or equivalent is required.

• Labour Agreement Stream: This stream is only applicable large companies who hold a Labour Agreement

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Three Visa Application Pathways

Similar to the ENS 186, there are three possible application pathways for an RSMS subclass 187 visa:

• Temporary Residence Transition Stream: where applicants have been employed by their company on their subclass 457 visa for the last two years. There usually is no requirement for a skills assessment.

• Direct Entry Stream: Only applicants who apply for trade occupations may need to provide a formal skills assessment conducted by the relevant skills assessment body from their profession. An IELTS score of 6 or equivalent is required. Regional Certifying Body Certification is also a requirement

•  Labour Agreement Stream

RSMS Application Stages

RSMS application have three application stages:

• Regional Certifying Body Certification: the RCB will confirm that the position is genuine. In most cases, The RCB requires the employer to advertise the position as evidence that the occupation cannot be filled by an Australian Citizen or Permanent Resident

• Nomination: involves review of the business’ operations as well as the position offered to the employee

• Visa application: there are three pathways, and generally the skill level is lower than for the ENS program. If you are older than 50, it is possible to apply for an age exemption; however, criteria must be met.