Australia Employer Sponsorship
These visas are designed for Australian companies to be able to recruit highly skilled workers either from overseas or from people temporarily in Australia. Where an employer has been unable to fill their recruitment needs from the Australian labour market or through their own training efforts, they are able to do so using overseas skilled employees.
There are both temporary visa options and permanent visa options. Below is an outline of these visas:
PERMANENT EMPLOYER SPONSORSHIP OPTIONS
Employer Nomination Scheme (ENS)Regional Sponsored Migration Scheme (RSMS)
Labour Agreements (LA)
TEMPORARY SPONSORSHIP OPTIONS
Businesses unable to meet their skill needs from within the Australian labour force, can sponsor personnel from overseas on a temporary basis, to work in Australia for up to 4 years.
Visas available under the temporary arrangements:
Sponsorship by Australian or overseas businessesLabour Agreements
PERMANENT EMPLOYER SPONSORSHIP OPTIONS
Employer Nomination Scheme (ENS)
The ENS 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 when they have been unable to fill a vacancy from within the Australian labour market.
The ENS has 2 to distinct stages:
1. Nomination by the employer
2. Nominee’s application for visa
Nomination by the employer
The employer will need to demonstrate that they have a genuine need for a paid employee from overseas. This submission is based on many factors including; the company’s training programme, financials, Labour Market Testing and Benefit to Australia. This visa is extremely comprehensive and detailed. Advantage Migration Australia Pty Ltd will provide all the necessary information required for this stage of the application and compile and submit as required by the Department of Immigration.
Nominee’s visa application
The nominee needs to prove that they have the skills pertaining to the position sought by the Australian company in addition to the relevant work experience. The nominee will need to demonstrate that they meet the definition of a ‘highly skilled person, Advantage Migration Australia Pty Ltd will ensure that all the criteria is met and submitted to the Department of Immigration.
Regional Sponsored Migration Scheme (RSMS)
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.
The RSMS process consists of 3 distinct stages:
1. Certification of the nomination
2. Nomination by the employer
3. Nominee’s application for visa
Certification of the nomination
The nomination will not be considered by the Department of Immigration unless it has been certified by a relevant Regional Certifying Body that has been gazetted by the Minister. An application is submitted to the local Regional Certifying Body. That body will assess the nomination to ensure that it meets mandatory criteria, including labour market testing, duration of contract, remuneration and other critical factors. Advantage Migration Australia Pty Ltd are experienced professionals in this field and will provide the employer and applicant with the information required to compile and submit the application to the Regional Authority as well as complete liaison with the Regional Authority if necessary.
Nomination by the employer
The certified nomination (above) will be submitted to the Department of Immigration to assess. Advantage Migration Australia Pty Ltd will submit this and liaise with the Department if necessary.
Nominee’s visa application
The nominee needs to prove that they have the skills pertaining to the position sought by the Australian company. The nominee will need to demonstrate that they meet the requirements of this stage. Advantage Migration Australia Pty Ltd will ensure that all the criteria is met and submitted to the Department of Immigration.
Labour Agreements (LA)
Labour agreements cover both permanent and temporary entry visa subclasses. An LA is a formal arrangement negotiated between Department of Immigration, DEWR and an employer or industrial association. LA’s enable Australian employers to recruit a specified number of workers from overseas in response to identified emerging skill shortages in the Australian labour market.
An agreement needs to be negotiated and after that,
the process consists of 3 stages:
1. Acceptance of the Labour Agreement
2. Nomination by the employer
3. Nominee’s application for a visa
Acceptance of the Labour Agreement
Employers or industry associations wishing to enter into a Labour Agreement put forward a submission and DEWR, covering key aspects and requirements. They need to provide an in-depth submission on company/industry background, skill and skilled persons required, provide evidence of lack of skill in Australia, show training efforts to obtain that skill.
Nomination by the employer
The employer needs to demonstrate that the nomination is in accordance with the LA and needs to comply with the criteria needed for a successful application.
Nominee’s visa application
The nominee must prove that they have the skills pertaining to the position sought by the Australian company. The nominee will need to demonstrate that they meet the requirements of this stage. Advantage Migration Australia Pty Ltd will ensure that all the criteria is met and submitted at a professional level to the Department of Immigration.
TEMPORARY SPONSORSHIP OPTIONS
Sponsorship by Australian or overseas businesses
Businesses unable to meet the skill needs from within Australia can sponsor personnel from overseas on a temporary basis for up to 4 years.
There are 3 steps in the application process to bring in temporary
overseas staff:
1. Sponsorship
2. Nomination
3. Visa application
Sponsorship
Employers that wish to bring staff from overseas need to seek approval as a business sponsor. They will need to demonstrate that their business is of good standing, show the benefits of an overseas employee, provide adequate training plans and expenditure. Employers are required to meet a number of undertakings in relation to the sponsored employee. Advantage Migration Australia Pty Ltd will personally meet with the Australian Employer and provide any documentation required for the process. Advantage Migration Australia will compile and professionally submit the application to the Department of Immigration via a new E-Visa system. This method of application produces quicker processing times.
Nomination
Employers need to nominate each of the positions they wish to fill. The nomination must relate to an occupation that meets a minimum skills threshold covering managerial, professional, associate professional and trade occupations. There are criteria applicable for the nomination and Advantage Migration Australia Pty Ltd will provide the information required to both the Australian company and the nominee to ensure that a comprehensive application is submitted.
Visa Application
The person identified to fill the nominated vacancy must apply for a visa to enter or remain in Australia. The applicant will need to demonstrate that they have the skills and qualifications applicable to the nominated occupation. Other criteria needs to be met and Advantage Migration Australia Pty Ltd will provide the required information to the applicant and will professionally compile and submit the application via the new EVisa system for priority processing.
