If your business is experiencing a skill shortage Australia’s migration system allows you to broaden you search to access the global job market.
To be able to consider this option your business must hold approved business sponsorship and nominate a genuine position.
To employ foreign national workers, whether they are overseas or already in Australia, persons must hold a eligible visa that allows them to obtain employer sponsored work.
To make sure you avoid costly mistakes you need timely, accurate and relevant migration advice that is clear, practical and affordable STEP MIGRATION will answer your questions, provide tailored solutions for your business and guide you through the complexities of the migration and visa process from beginning to end.
TEMPORARY SKILL SHORTAGE ( TSS ) SUBCLASS 482 VISA
The TSS visa is a temporary visa that permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application. These family members will have unrestricted work and study rights.
The TSS visa has a short-term stream and a medium-term stream. Applicants with occupations on the Short-Term Skilled Occupations List (STSOL) are eligible for visas of up to two years (renewable once, for a further two years), whilst those on the Medium and Long-Term Strategic Skills List (MLTSSL) can apply for up to four years, with eligibility for permanent residency after three years.
The role that the employer wants to fill must appear as an occupation on the Combined List of Eligible Skilled Occupations.
A business must become approved as a Standard Business Sponsor in order to employ a TSS visa holder. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia.
Following the SBS application, an employer must nominate a position within their business as one which they have a need to be filled by an overseas foreign national.
In order to nominate an employee for a TSS visa, a business must demonstrate that they have a genuine need to do so. Included in this requirement the business must have evidence that they have conducted labour market testing in the 12 months prior to making a nomination application. The nominating business will be required pay a levy to the Skilled Australians Fund (SAF ).
For the visa application itself, the applicant must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
SKILLED EMPLOYER SPONSORED REGIONAL SUBCLASS 494 VISA
This visa requires employer sponsorship and the position must be likely to exist for 5 years. It has a 45 year age limit with some exemptions. Essential requirements are competent English, Regional Certification Board advice and annual earnings in the nominated position must not be less than $53,900. Visa applicants must have a suitable skills assessment and at least 3 years’ skilled employment experience.
The visa validity period is 5 years. Visa holders must live, work and study only in designated regional areas and work only in the nominated position with the nominated employer. Visa holders must commence work within 90 days of the visa being granted.
Designated regional areas are defined as any area excluding Sydney, Melbourne, Brisbane.
The nominated occupation must be on the 494 visa occupation list. The employer must be located in a designated regional area. A positive skill assessment is required. The nominated position must be full time.
You must have been employed in the nominated occupation for at least 3 years on a full-time basis and at the skill level required for the nominated occupation. Generally you should have gained your experience within the last 5 years. The period does not need to be continuous. Equivalent part-time work can be considered.
Holders of another substantive visa or on Bridging visas A, B or C can apply.
Holders of this visa will also be unable to apply for the most other skills-based visas in Australia unless they have completed at least three years in a designated regional area. Following this period visa holders may apply for a permanent residency visa to be introduced in 2022, the Subclass 191 permanent Residence (Skilled Regional).
Visa holders have 90 days to find a new nominator if they leave their initial nominating employer.
Temporary Residence Transition (TRT) stream Sub class 186 visa
To be eligible under this stream visa applicants have to hold a Temporary Skill Shortage (TSS) 482 visa with a occupation in the medium-term stream or a subclass 457 Temporary Work (Skilled) visa that was granted prior to 17 April 2017. Applicants must have worked for the nominating employer full-time in Australia on a 482 or 457 visa for at least: three out of the previous four years (before the nomination was made) in the same position that they been nominated in or two out of the previous three years before the nomination was made if the applicant either held, or was an applicant for a 457 visa (which was subsequently granted) on 17 April 2017.
Direct Entry (DE) stream Sub class 186 visa
If you do not meet the requirements under the TRT stream (for example, because you have never, or only briefly worked in Australia), this stream may then be available if your employer still wishes to sponsor you for permanent residence.