Businesses can hire foreign workers in certain occupations on a temporary or permanent basis. Migration Affairs support enterprises of all sizes to advise and assist with business sponsorship and employee visa requirements. We can work with you as a trusted immigration partner to select the visa program best suited to your employment needs.
Temporary Skills Shortage (subclass 482) visa
The Temporary Skills Shortage (subclass 482) visa (TSS visa) is a temporary visa with a pathway to permanent residence. However, this depends on several factors including occupation, age, or salary. The temporary visa allows applicants to live and work in the nominated position in Australia while employed by their sponsoring employer.
The TSS program targets established businesses in Australia and employees with job offers from an Australian company.
There are three streams under the TSS program:
- Short-term stream
- This stream is for employers to source genuinely temporary overseas skilled workers to fill short-term positions listed on the short-term skilled occupation list, for up to 2 years (or up to 4 years if an international trade obligation applies)
- Medium-term stream
- This stream is for employers to source highly skilled overseas workers to fill medium-term positions listed on the medium and long term strategic skilled list, for up to 4 years, with eligibility to apply for permanent residence after 3 years
- Labour Agreement stream
- This stream is for employers who have an executed labour agreement with the Commonwealth to source skilled overseas workers where there is a demonstrated need that cannot be met in the Australian labour market and the standard TSS visa program is not available
Sponsorship
- Before a business can sponsor employees under the TSS visa and SESR visa, they need to apply for approval as a Standard Business Sponsor (SBS)
- The business seeking to become an SBS must:
- Be a business actively and lawfully operating in Australia and has a strong record of, or a demonstrated commitment to, employing local labour, or
- Be a business actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation in Australia or to fulfil contractual obligations
- The business must not have any adverse information that is relevant to the business’ suitability as an approved sponsor
- Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications
Nomination
- This requires the business to nominate a position within their company and nominate an eligible occupation on a specified list of occupations
- The position to be filled must:
- Be a genuine, full time position
- Be subject to a written contract of employment unless exempt
- Be subject to employment conditions that are equivalent to Australian workers performing equivalent work at the same location
- Have been subject to Labour Market Testing (LMT), which requires advertising the position for 4 weeks in the last 4 months, unless exempt
- Have a salary of at least the Temporary Skilled Migration Income Threshold (TSMIT) (i.e., $53,900) and at least the annual market salary rate for the nominated occupation
Visa application
- The person nominated to work in the nominated occupation must apply for a TSS visa
- The visa applicant must:
- Have the skills and qualifications needed to perform the nominated occupation
- Have at least 2 years of relevant work experience in the nominated occupation or a related field
- Have adequate arrangements for health insurance
- Meet any mandatory licensing, registration, or professional membership requirements
- Meet the health, character, and English requirements
Employer Nomination Scheme (ENS) (subclass 186) visa
The Employer Nomination Scheme (subclass 186) visa (ENS visa) is a permanent visa for skilled workers to live and work in Australia indefinitely. The ENS program targets established businesses in Australia and employees with job offers from an Australian company.
There are three streams under the ENS program:
- Temporary Residence Transition stream
- This stream is for those who have worked for 3 years full-time whilst holding a 457 or TSS visa in the same occupation with their nominating employer
- Direct Entry stream
- This stream is for those applicants who have obtained a positive skills assessment and have at least 3 years of work experience in the nominated occupation
- Labour Agreement stream
- This stream is for applicants with employers who have negotiated a labour agreement with the Commonwealth, which includes access to a permanent visa pathway
Nomination
- This requires the business to lodge a nomination that specifies the details of the position and identifies the nominee
- The nomination requirements include:
- The business must be actively and lawfully operating in Australia
- The nominated position must be full time and ongoing for at least 2 years and the business must have the capacity to employ the nominee for at least 2 years
- There must be a genuine need for the visa applicant to fill the skilled position within the business
- If the nominee will earn less than $250,000 per year, the business must pay them at least the annual market salary rate for the nominated position
- The position must be an occupation listed on the Medium to Long-term Strategic Skills List (unless transitional provisions apply)
Visa application
- The person nominated to work in the nominated occupation must apply for an ENS visa
- Under the Temporary Residence Transition stream, visa applicants must:
- Have held a 457 or TSS visa and worked on a full-time basis in the nominated position for the nominating employer in Australia for at least 3 years in the last 4 years
- Be under 45 years of age, unless exempt
- Meet the health, character, and English requirements
- Meet any mandatory licensing, registration, or professional membership requirements
- Under the Direct Entry stream, visa applicants must:
- Have their skills assessed as suitable for the occupation by the relevant skills assessing authority, unless exempt
- Have at least 3 years of relevant work experience in their occupation
- Be under 45 years of age, unless exempt
- Meet the health, character, and English requirements
- Meet any mandatory licensing, registration, or professional membership requirements
Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa
The Skilled Employer Sponsored Regional (subclass 494) visa (SESR visa) allows regional employers to address identified labour shortages by sponsoring skilled overseas workers to live and work in regional Australia. It is a provisional visa to fill skilled positions for 5 years, with eligibility to apply for permanent residence after 3 years.
Sponsorship
- This process is outlined above in the TSS program
Nomination
- This requires the business to nominate a position within their company and nominate an eligible occupation on a specified list of occupations
- The position to be filled must:
- Be a genuine, full-time position that is likely to exist for at least 5 years
- Be subject to a written contract of employment unless exempt
- Be subject to employment conditions that are equivalent to Australian workers performing equivalent work at the same location
- Have been subject to Labour Market Testing (LMT), which requires advertising the position for 4 weeks in the last 4 months, unless exempt
- Have a salary of at least the Temporary Skilled Migration Income Threshold (TSMIT) (i.e., $53,900) and at least the annual market salary rate for the nominated occupation. A Regional Certifying Body must assess the annual market salary
Visa
- The person nominated to work in the nominated occupation must apply for a SESR visa
- The visa applicant must:
- Be under 45 years of age, unless exempt
- Have the skills and qualifications needed to perform the nominated occupation
- Have their skills assessed as suitable for the occupation by the relevant skills assessing authority, unless exempt
- Have at least 3 years full-time relevant work experience in their occupation
- Have adequate arrangements for health insurance
- Meet any mandatory licensing, registration, or professional membership requirements
- Meet the health, character, and English requirements
Temporary Work (Short Stay Specialist) (subclass 400) visa
The Temporary Work (Short Stay Specialist) (subclass 400) visa is suitable for workers (such as professionals, managers, technicians, and tradespeople) with highly specialised skills, knowledge or experience that can assist Australian business and which cannot reasonably be found in the Australian labour market.
The highly specialised workstream permits workers to undertake short-term, non-ongoing, highly technical work in Australia. This is a short-term visa granted with a stay period of up to 3 months (or up to 6 months for a strong business case).
- Have highly specialisedspecialised skills, knowledge or experience
- Have a letter of invitation, job offer, employment contract or other document from an Australian organisation confirming they have employed you to work in Australia
- Be able to support yourself and any dependents
- Be a genuine visitor
- Be outside of Australia when applying for the visa
- Meet the health and character requirements
Training (subclass 407) visa
The Training (subclass 407) visa is a temporary visa that allows workers to undergo workplace-based occupational training or professional development in Australia.
There are three types of occupational training covered by this visa:
- Occupational training required for registration
- Occupational training required to improve skills in an eligible occupation
- Occupational training for capacity building overseas
Sponsorship
- Before a business can sponsor employees for the Training visa, they need to apply for approval as a Temporary Activities Sponsor (TAS)
- The business seeking to become a TAS must be this kind of organisation:
- a business lawfully operating in Australia or
- an Australian Commonwealth, state, or territory government agency or
- a foreign government agency lawfully operating in Australia or
- an international organisation recognised in Australia and lawfully operating in Australia or
- an organisation that operates a superyacht, or the owner or captain of a superyacht or
- a sporting organisation lawfully operating in Australia or
- a religious institution lawfully operating in Australia.
- The business must have a good business record and not have any adverse information that is relevant to the business’ suitability as an approved sponsor
Nomination
- This requires the business to nominate the employee to complete workplace-based or professional development training within their company.
- They must provide details about the employer, the intended trainee, the proposed training program, the position, and how and where the training will be provided
Visa application
- The person nominated to work in the nominated occupation must apply for a training visa
- The visa applicant must:
- At least 18 years of age, unless exceptional circumstances exist
- Have functional English
- Be a genuine temporary entrant
- Have adequate means to support themselves during the period of their intended stay in Australia
- Have adequate arrangements for health insurance
- Meet the health and character requirements
We know how important it is for you to understand the details and requirements for these visas. Our knowledgeable and experienced team at Migration Affairs is here to help you.
FAQs
- The Federal Government introduced sweeping changes to the skilled visa program in 2017 and 2018. However, they also introduced transitional arrangements to ensure people who were already pursuing a permanent pathway were not disadvantaged.These transitional arrangements apply to the following cohorts:Those who held a 457 visa on or before 18 April 2017 and continue to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application
- Those who lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continue to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application.
- If the above is applicable to you, you can access the transitional arrangements for Employer Nomination Scheme (subclass 186) (Temporary Residence Transition Stream) visa applications:occupation list requirements will not apply
- the age requirement will remain at less than 50 years of age with existing age exemptions still available, and
- the minimum period an applicant is required to have been employed as the holder of a subclass 457 or TSS visa will remain at two years
You do not have to hold the same 457 visa or be working for the same employer to access the transitional arrangements.
You can since have been granted a subsequent 457/TSS visa and/or been re-nominated by a different employer.
As long as you held or applied for a 457 visa on 18 April 2017, you can access the transitional arrangements.
You will however need to lodge your permanent visa application by March 2022.
Talk to us at Migration Affairs and find out how we can assist you.
If you’re considering hiring a foreign worker in Australia, verifying their work rights before offering them a job is essential. The employer must ensure their employees have the legal right to work in Australia.
As an employer or individual, you can check the work rights of a non-citizen in Australia by accessing the Department of Home Affairs’ Visa Entitlement Verification Online (VEVO) system.
VEVO will tell you the visa holder’s visa start date and expiry date, as well as whether the person is NOT allowed to work or whether there are work restrictions on their visa.
It is important to note that even if the visa holder has work rights in Australia, there may be restrictions on the amount and type of work they can undertake.
Find out more information on how to hire international skilled workers here.