Australian businesses can nominate overseas workers to fulfil skills shortages in their business. The occupation nominated has to be on the Temporary Skill Shortage List (TSS) list of occupations. This can either be on the Medium and Long-term Strategic List (MLTSSL) or the Short-term Skilled Occupation List (STSOL).
The Short-term stream includes the following criteria:
The Medium-term stream includes the following criteria:
How This Visa Works:
There are 3 steps which are as follows:
Step 1: The employer has to apply to become an approved business sponsor;
Step 2: The employer must nominate an occupation in their business to be approved from the 482 List of Occupations and identify in the application who the visa applicant will be;
Step 3: The visa applicant must meet certain requirements for the approval of the visa, such as English fluency, work experience, skills, health and character to meet the requirements of the nominated occupation;
Step 1: Sponsorship
The employer needs to apply for approval as a Standard Business Sponsor. This involves presenting documents to demonstrate that they are an operating business, such as financial statements, marketing material, company registration, organizational chart and other identifying details about the company.
Business sponsorship is valid for five years and the business can nominate as many people as it wants to sponsor during this period. A business that is operating for less than 12 months or an overseas business can also be approved for five years.
Companies have certain obligations when sponsoring overseas employees and they can be monitored by the Department of Home Affairs at any time to ensure that they are meeting their sponsorship obligations.
Step 2: Nomination
The position that the company requires the overseas applicant to work in has to be selected from the Short-term Skilled Occupation List (STSOL) or the Medium and Long-term Strategic Skills List (MLTSSL). Each occupation on this list is coded according to the Australia and NZ Standard Classification of Occupation (ANZSCO). In addition to this, caveats now apply to specified occupations.These either relate to, for example, work experience, salary, business turnover, nature of business, regional location and some being occupation specific.
Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements. A Government Gazette notice states the minimum salary payable under this visa category, which at present is AUD$53,900 plus 9.5% superannuation. The market rate is at least as much as an Australian citizen or permanent resident employed in the same position in the same location would be paid.
To satisfy the Home Affairs that there are no local Australians available with the required skills who want to work in this position, the employer must undertake labour market testing (advertising the role) for all occupations. Labour Market testing is mandatory unless an international obligation applies.
Labour Market Testing is required to be undertaken within the 4 months of the nomination being lodged as follows:
3 adverts need to be placed:
(a) on the Job-active website – this is mandatory; and
(b) at least other 2 advertisements as follows:
The employer also needs to demonstrate that there is a genuine need for that occupation in their business.
Employers nominating a worker for a TSS visa will be required to pay a contribution to the Skilling Australians Fund (SAF). The contribution is payable at the time the worker is nominated:
The amounts are as follows:
Step 3: Visa
The visa applicant is required to have a minimum of two years of full-time post-qualification work experience in the nominated occupation.
The applicant must present evidence to demonstrate they have sufficient skills – acquired through recognized qualifications, training or experience in order to meet the requirements of the position.
There is also an English language requirement that needs to be met If the applicant is not from a country where English is the first language – such as UK, Ireland, USA, Canada and NZ. They must achieve an overall score of 5 (with no less than 4.5 in each of the four bands) on the IELTS or equivalent accredited test, such as PTE, in the three years prior to lodging the application if the occupation is on the Short-Term list.
If the occupation is on the MLTSSL list the visa applicant has to score at least 5 in each of the 4 bands of IELTS, or equivalent accredited test, such as PTE, in the three years prior to lodging the application.
If a visa holder already has a 457 or 482 visa, they can transfer the remainder of the term left on the visa to a new business sponsor. If a visa applicant chooses to change employers without changing his/her occupation a new nomination has to be approved. If a visa applicant chooses to change employers and his/her occupation, then a new nomination and visa application has to be applied for.
Employer sponsorship visas are complex. Please contact our team of registered migration experts for immediate advice and assistance.
Katz and John applied for an Employer Nominated Sponsorship Visa and successfully got their Permanent Residency in 2007.
The couple are settled in Melbourne, Australia.
We moved to Australia with only suitcases (and sentimental items), and have virtually bought everything from scratch including our large detached townhouse, two cars and all our media/furnishings.
While in Adelaide and Melbourne we had attended two immigration agents to gauge the complications and expense of the next step of settling in Australia.
However, on personal recommendation from one of Katz’s colleagues we visited Mr Ian Singer in Sydney.
We guide individuals and businesses through the complex migration process to Australia. With long years of industry experience, our immigration specialists have built a reputation of providing accessible, accurate and genuine advice to our esteemed clients.
Our specialists assist in preparing and reviewing your documents and forms before submitting for successful approval. We strive to make the whole immigration process hassle-free for you.
We have a very high success rate of visa approval and a solid reputation resulting in a large amount of repeat business. We provide immigration services to individuals, families and companies, whether they are small or public companies and in any industry.
Immigration is the only thing we do so we are highly specialized in it.
Thank you Ian. Fabulous news. Thanks to you and your team’s effort and work. Great service.
Thank you SO so much for all of your patience and work on this. Still hasn’t sunk in yet that I’m actually free! Once again, massive thanks to both you and Mariola!!
Thanks so much for this excellent news. I’m impressed how fast and smooth it all went, which is a result of excellence in services. Thanks so much for all the attention.
Thank you Ian ,I highly appreciate your kind efforts. Its a big day for me and my family and you make it possible. May you live long with health, wealth and peace.
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