Permanent Employer Sponsored Migration

Introduction to the permanent employer sponsored migration

 

Although the 482 visa is the most popular visa among employers due to its faster processing, it is also possible to sponsor employees for a Australian permanent residence visa. The main reasons an employer may consider this option are as follows:

 

1. Employers have sufficient time for their foreign employee to obtain their visa (can take from 3 months to over a year). 

- This may occur when a position will be needed in the mid-term rather than immediately

 

2. Employers wish to retain their employees

- If you are satisfied with your worker and wish to retain them, sponsoring your employee for a permanent visa is often a great way to show your commitment to their future.

 

3. Positions offering permanent employment migration are generally much more attractive to prospective employees.

- Quality employees will usually be in high demand wherever they work. Sponsoring applicants for a permanent visa places your company head and shoulders above your competitors in your ability to acquire talent.

 

4. Employers wish to minimise the risks and costs of being a 482 visa sponsor. 

 - There are continuing training costs required for subclass 482 visa sponsors as well as more arduous obligations. Sponsoring an employee for a permanent visa can reduce these risks and costs.

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 Visa Subclasses

There are main permanent Australian employer sponsored visa subclass is  available subclass 186 - Employment Nomination Scheme visa.

 

Basic Process & Requirements - 186 ENS

Step 1 - Nomination

Companies wishing to sponsor workers to Australia through the ENS program must first apply for submit a nomination to the Department of Immigration. Basic requirements for approval include:

 

1. Business must be actively and legally operating

2. Business must have the financial capacity to pay any employees its sponsors

3. Business must be able to demonstrate that it is committed to training Australian workers

4. Business must be of good standing

5. Salary offered must be within market and legislative limits

6. The skills to be performed are in line with the occupation being nominated

7. Employee will be employed on fair terms in accordance with Australian labour laws

8. The company has a genuine need for the employee

 

Step 2 - Visa application

To apply for a visa, an applicant must satisfy the following requirements

- 3 years of experience in the occupation or have worked for the employer for 2 years on a subclass 482 visa

- Must submit a positive skills assessment unless the employee has worked in Australia for 2 years

- Must usually show competent English (a score equivalent to IELTS 6)

 - Visa applicants must be of good character and in good health

 

 

Basic Process & Requirements - 187 RSMS

Step 1 - Certification

Companies wishing to sponsor workers to Australia through the RSMS program must first seek certification from the relevant Regional Certifying Body (RCB). RCB's are often Chambers of Commerce but also may be the state government depending on the area in question. Each state will have their own requirements in regards to certification approval but will generally look into the financial capacity of the company and whether there is a real need for the employee.

 

Step 2 - Nomination

Once the certification is approved, the business must then submit a nomination to the Department of Immigration. Basic requirements for approval include:

 

1. Business must be actively and legally operating

2. Business must have the financial capacity to pay any employees its sponsors

3. Business must be able to demonstrate that it is committed to training Australian workers

4. Business must be of good standing

5. Salary offered must be within market and legislative limits

6. The skills to be performed are in line with the occupation being nominated

7. Employee will be employed on fair terms in accordance with Australian labour laws

8. The company has a genuine need for the employee

 

Step 3 - Visa application

To apply for a visa, an applicant must satisfy the following requirements

- Unless the employee has worked in Australia for the employer for a period of two years, the employee must:

- Provide a positive skills assessment where required

or

- Provide evidence of having the skills and work experience accepted by the Department

* Most trade occupations will require a skill assessment to be provided.

- Must show an IELTS score of 6 (only IELTS 5 is required for employees with 2 years work experience with the employer.

* Exemptions to IELTS testing are available for certain nationals from English speaking countries.

  - Be of good character and in good health