Employer Sponsored Visas for Skilled Overseas Workers
Are you an employer and have a temporary overseas worker that you value and would like to keep in your business ? You may have a skilled worker already in mind who is currently overseas to assist your business operation or perhaps you have a working holiday maker already working for you who is the right match for your business and would like them to continue working for you on a longer term basis.
There are a range of questions to consider when making the decision to sponsor an overseas worker. Depending on the situation of your business and the employee, a temporary 457 visa, an employer sponsored visa 186 or a regional employer sponsored visa 187 may be the best fit for you. Our aim is to make the whole process as smooth and efficient as possible and be available every step of the way with you.
There are two subclasses of permanent employer sponsored visas. These are the 186 Employer Sponsored and the 187 Regional Employer Sponsored visa. There are a range of factors to consider when assessing the most suitable visa for you or your business.
457 Temporary Work Visa
The 457 visa program is designed to fill temporary skill shortages in the Australian labour market. There is a specified list of occupations available under the 457 program called the Consolidated Skilled Occupation List (CSOL).
A 457 visa can be granted for a maximum period of 4 years and the employee is not permitted to cease employment or work for any other employer whilst on this visa.
Businesses must apply to become an approved sponsor in order to be eligible to employ a 457 worker. In order to qualify, you need to be a lawfully operating Australian business and prove that you have training your Australian employees. There are options for both overseas companies and newly started businesses to become approved sponsors of 457 workers.
We commonly see situations where 457 workers have changed position or changed employer without ensuring that they are continuing to meet all visa conditions. The Department of Immigration can cancel your visa if you are found to have breached a condition and this can cause major obstacles when you look to apply or your permanent residency.
If you are a 457 visa holder, you have a range of options available to you if you are seeking to obtain permanent residency. If you remain with the same 457 employer for two years, you can then apply for a permanent employer sponsored visa under the temporary resident transition (TRT) pathway. However, many people prefer to sort out permanent residency without having to wait for the two year period. As a 457 visa holder you can apply for a permanent skilled, family or direct entry employer sponsored visa and avoid the uncertainty of a two year wait.
186 Employer Sponsored Visa
This visa is for applicants who have an offer of permanent employment for at least two years. The employer can be located anywhere in Australia, and the position in the business must be genuinely required by the business and the terms and conditions of employment must be in accordance with Australian standards. The occupation must be listed on the CSOL
list of occupations and you will require a skills assessment in your nominated occupation if applying via the direct entry pathway. The sponsoring employer must also demonstrate training expenditure on it's Australian employees to meet the training benchmark. If applying for this visa from a 457 via the temporary residence transition pathway you will not require a skills assessment. There are exceptions for New Zealand citizens with regard to age limits and skill assessment requirements.
187 Regional Employer Sponsored Visa
The 187 Regional Sponsored Migration Scheme is designed for employers in regional areas (outside of Melbourne, Sydney, Newcastle, Gold Coast and Brisbane). The employer is not required to demonstrate that they meet the training expenditure benchmark and skill assessments are required only in some circumstances. There is a broader range of occupations available as nomination is not limited to those occupations on the skilled occupation lists, so there is greater flexibility for employers to obtained the skilled labour that they require in these areas.
If you are looking to employ or looking to be employed and require advice on the best way to proceed please don't hesitate to give us a call on 3103 2555 or email email@example.com for a free initial assessment of your options.