Employer Sponsored Visa

The Temporary Skills Shortage Visa Subclass 482

The Temporary Skill Shortage Visa SC 482 allows employers in Australia to employer sponsored visa highly skilled workers when there is a temporary shortage of skills. Applicants can also include their family members in the application.

This visa offers three streams: Short-term Stream, Medium-term Stream, and Labour Agreement. The appropriate stream depends on the applicant’s occupation. If the occupation is listed on the STSOL (Short-term Skilled Occupation List), the applicant must apply under the short-term stream. If the occupation appears on the Medium and Long-term Strategic Skills List (MLTSSL), the medium-term stream applies. Employers with a formal agreement with the Australian government can use the Labour Agreement Stream to sponsor a worker. The applicant must be nominated to work in a specific occupation under the Labour Agreement terms.

Stages for SC482 visa:

To apply for the SC482 visa, the employer must be an approved sponsor and nominate the overseas worker for a specific occupation. These three application stages can be lodged at the same time. However, the visa application will not be processed or granted unless both the sponsorship and nomination applications are approved.

SBS Standard Business Sponsorship:

To become a Standard Business Sponsor, a business must meet certain requirements. Firstly, the business should be legally established and operating, either inside or outside of Australia. Additionally, the business must have no adverse information. Furthermore, it must demonstrate a commitment to employing local labor and avoid discriminatory recruitment practices.

A standard business sponsorship lasts for five years from the approval date. Therefore, businesses should apply for renewal approximately two months before the current sponsorship ends. Additionally, if there are changes in the business structure, the new entity must apply for sponsorship, and existing visa holders must be re-nominated. This process is essential for those sponsoring employees under a business visa, ensuring compliance with immigration regulations.

Nomination:

The TSS 482 nomination requirements include the following:

  • The position must be on the 482 Skilled Occupation List.
  • The employer must offer a minimum annual salary that meets the Temporary Skilled Migration Income Threshold (TSMIT), which is currently A$70,000.
  • The employer must fulfill the Labour Market Testing (LMT) requirements. This means the business must demonstrate efforts to recruit local Australian workers before hiring an overseas worker for the position. Additionally, the position must have been advertised for at least four weeks within the four-month period immediately before lodging the nomination application.

Visa Application:

Experience:

The applicant must have at least two years of work experience in their nominated occupation or a related field. If applying under the labour agreement, the applicant must also have at least two years of work experience, unless the terms of the labour agreement specify otherwise.

Skill Assessment:

In some cases, the applicant may be required to undergo a skill assessment from the relevant authority.

Nomination and Visa Application:

The employer must nominate the applicant for the specified occupation. If applying under the Medium-Term stream, the applicant must be nominated to work in an occupation listed on the Medium and Long-Term Skilled Occupation List (MLTSSL). Similarly, if applying under the Short-Term stream, the applicant must be nominated for an occupation listed under the STSOL.

  • The nominated occupation must be the subject of a Labour Agreement between the Commonwealth and the nominator.

Transition to Permanent Residency:

Once the applicant has worked in Australia for the sponsoring employer on a 482 visa for two years, they may become eligible to apply for the 186 Temporary Residence Transition visa. This visa allows skilled workers to transition to permanent residency in Australia.

The Employer Nomination Scheme Visa Subclass 186

The Employer Nomination Scheme Visa Subclass 186 is a permanent residency visa for skilled workers nominated by Australian employers to live and work in Australia. Most occupations require at least three years of post-qualification experience. Additionally, you must be licensed, registered, or a member of a professional body if it’s mandatory for your occupation in Australia. Applicants must be under 45 at the time of application unless their occupation is exempt.

Streams:

  • Direct Entry Stream
  • Temporary Residence Transition (TRT) Stream
  • Labour Agreement Stream

Stages for SC 186 visa:

To apply for the SC 186 visa, the employer must first be an approved sponsor to nominate an overseas worker. The employer must secure sponsorship approval before proceeding with the nomination application. Only after the nomination is approved can the visa application be considered and granted.

SBS Standard Business Sponsorship:

To become a Standard Business Sponsor, a business must:

  • Be legally established and operational, either in or outside Australia.
  • Have no adverse information.
  • Demonstrate a commitment to employ local workers and avoid discriminatory recruitment practices.
  • Offer a skilled, full-time, ongoing position for at least two years, without restricting the employment contract.
  • Pay the market salary rate if the worker will earn less than AUD 250,000 annually.

Document Checklist:

Essential documents for the SC 186 visa include:

  • Employment contract.
  • Proof of paid levy fee.
  • Proof of annual salary rate.
  • Documents proving business legality.
  • Evidence of genuine need.
  • Financial statements.
  • Position details.
  • Organizational chart.
  • Health workforce certificate (if applicable).

A Standard Business Sponsorship lasts for five years. Businesses should apply for renewal about two months before the current sponsorship ends. If there are changes in the business structure, the new entity must apply for sponsorship, and existing visa holders must be re-nominated.

Nomination Requirements:

The SC 186 nomination requires:

  • The position to be listed on the 186 Skilled Occupation List.
  • Payment of the minimum annual salary, meeting the Temporary Skilled Migration Income Threshold (TSMIT), which is A$70,000 (A$73,150 from 1 July 2024).
  • Fulfillment of Labour Market Testing (LMT) requirements: the business must demonstrate efforts to recruit local Australian workers before hiring an overseas worker.
  • A copy of the advertising material used to advertise the position. Most positions must be advertised for at least four weeks within the four months prior to lodging the nomination.

Visa Application Requirements:

For all streams (Direct Entry, TRT, and Labour Agreement), the following apply:

Experience:

You must have at least three years of work experience in your nominated occupation or a related field. If applying under a labour agreement, this requirement may vary based on the terms of the agreement.

Skill Assessment:

The applicant may need to undergo a skill assessment from the relevant authority.

Nomination and Visa Application:

The employer must nominate the applicant for the specified occupation. If applying under the Medium-term stream, the nominated occupation must be on the Medium and Long-term Skilled Occupation List (MLTSSL).

To apply under TRT stream,

If applying under the Short-term stream, the nominated occupation must be listed on the Short-term Skilled Occupation List (STSOL).

For the labour agreement stream,

For Labour Agreement stream, the nominated occupation must be part of the labour agreement between the Commonwealth and the nominator.

Skilled Employer Sponsored Regional (Provisional) Visa Subclass 494

Subclass 494 of Skilled Employer Sponsored Regional (Provisional) Visa is a visa program that enables regional employers in Australia to sponsor overseas skilled workers to fill the gaps in the labour market. ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​With this visa, you can live, work and study only in designated regional areas of Australia. You can apply for permanent residence after 3 years from the time your visa is granted. The position is to be on the list of eligible occupations.

This visa holders must commence work within 90 days of the visa being granted and must only work in your nominated occupation and only work for the nominating employer in regional Australia.

This visa has an age restriction of under 45 years of age. Position must be full time and likely be available for 5 years. This visa requires an Australian employer from regional area to have sponsorship  and nomination approved before a visa applicant can be granted a visa.

Streams:

Employer-Sponsored Stream, Labour Agreement Stream.

  • Be legally established and operating in designated regional areas of Australia.
  • Have no adverse information
  • Demonstrate a commitment to employ local Labour and not engage in discriminatory recruitment practices.
  • The business must offer a skilled full-time and ongoing position for at least 2 years without putting restriction to the employment contract for 2 years.
  • The annual market salary rate to be paid if the worker will earn less than AUD250,000 annually.

Document Checklist:

The Essential Documents Include:

  • Employment contract.
  • Paid levy fee evidence.
  • Annual salary rate proof.
  • Business legality documents.
  • Genuine needs evidence.
  • Financial statements.
  • Position details.
  • Organizational chart.
  • Health workforce certificate (if applicable).

A Standard Business Sponsorship lasts for five years from the approval date. Businesses are advised to apply for renewal about two months before their current sponsorship ends. If there are changes in the business structure, the new entity must apply for sponsorship, and existing visa holders must be re-nominated.

Nomination:

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. The job description entails permanent employment that may be for at least 5 years.

  • Before you can apply for the visa, your employer will need to lodge a nomination application for you. They will only be able to do this if they are an approved work sponsor or have at least lodged an application to become a standard business sponsor. determine the annual market salary rate (AMSR) for the nominee and submit a request for assessment with a Regional Certifying Body, unless an exemption applies.

Visa Application:

For the visa applications under direct stream, TRT stream and labour agreement stream, the following are the main requirements.

Age Limit:

Typically, below the age of 45 years at the time of applying.

English Requirement:

High level of English language proficiency.

Work Experience:

Minimum of 3 years of directly related skilled work experience.

Skills Assessment

Permanent Residency Pathway:

Applicants can switch to permanent residency via the Skilled Regional Visa (subclass 191) after meeting conditions, such as living and working in a regional area for 3 years.

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