"There are both temporary and permanent residency visa options available for Australian employers to sponsor overseas residents for positions they have been unable to fill with Australian staff."
Employer Sponsored Migration
Temporary Visa Option
Temporary Business Visa-Subclass 457
Overseas residents can be sponsored by either Australian or overseas businesses to fill full-time positions in Australia. The employee must be paid the current legislated minimum salary level, the amount of which depends on whether the business is in a regional area or not. The applicant must possess the necessary training and experience to fill the position.
Duration and Conditions
A Temporary Business Visa will allow the employee to travel freely to and from Australia, and to take up a full-time position with an Australian business or an overseas business seeking to establish operations in Australia. The visa can be valid for up to 4 years, and extensions are possible. The employee can only work for the sponsoring employer.
The application for a company sponsorship visa consists of 3 parts:
Applying for approval as a business sponsor would require the business to provide details to show:
- The sponsor is a lawful, operating business.
- That Australia will benefit from the business employing overseas nationals.
- The sponsor is able to meet its sponsorship obligations.
- That the business has a commitment to training Australian residents or introducing new technology or business skills to Australia (businesses operating in Australia only).
The employer must then apply for permission to sponsor an overseas resident to fill certain nominated position(s). The main criteria here are that:
- The position is in an occupation on the ASCO occupations list.
- The applicant is to be paid the legislated minimum salary level.
3. Visa Application
The employee would then apply for a visa to work in Australia to fill the nominated position. This would involve providing the following evidence:
- That the employee has the required skills to fill the position.
- That the employee meets the health requirements for the visa.
We lodge many successful applications for the temporary business visa every year. Many businesses have found the temporary business visa to be a vital solution to the problem of skill shortages.
To receive a professional 'Temporary Employer Sponsored Visa' eligibility assessment, please complete our free online assessment form.
Employer Sponsored Migration
Permanent Residence Visa Option
Regional Sponsored Migration Scheme (RSMS) Visa
The application for an RSMS visa consists of 2 parts.
The employer must apply for approval of the nomination of non-citizen to fill a specific position in Australia. This will involve the following:
- The position to be filled must require a person with a diploma or higher qualification (although there are exceptions to this requirement).
- The position must be full-time and open for at least 2 years with the possibility of renewal after this.
- The applicant must be employed in accordance with Australian labour law.
- The sponsor must demonstrate that the business is established in Australia, and is in a satisfactory financial position.
- The sponsor must obtain certification from a regional certifying body.
Although not required by DIAC, the regional certifying body in Mackay (Commerce Queensland) requires that the sponsor demonstrate that attempts have been made to fill the position locally. Commerce Qld require that this be demonstrated through the placement of advertisements for the position both locally and nationally
2. Visa Application
The employee must meet the following criteria;
- Must have qualifying visa if applying onshore.
- Must have a diploma or higher qualification (although there are exceptions to this requirement).
- Must have or be eligible to obtain any required occupational registration or licence on an unconditional basis.
- Must generally be under 45 (although there are exceptions to this requirement).
- Must have at least functional English (this requirement can also be waived).
- The applicant and family unit must meet full health & character requirements.
The RSMS visa results in the grant of permanent residency with full work and study rights in Australia. However, the employee must work for the sponsoring employer for a minimum period of 2 years from the date of grant of the visa.
To receive a professional 'Permanent Residence Employer Sponsored Visa' eligibility assessment, please complete our free online assessment.