visa@maretmigration.com

Employer VISA

Employer Visas in Australia allow businesses to sponsor skilled workers from overseas for temporary or permanent roles within their company.

Subclass 482 Temporary Skill Shortage Visa

The Subclass 482 visa, also known as the Temporary Skill Shortage (TSS) visa, is an Australian visa program designed to allow employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. This visa involves three stages: sponsorship by an approved business, nomination of a skilled position by the employer, and the visa application by the intended employee.

Sponsorship:

For a business to sponsor overseas workers under the TSS visa, they must first become an approved sponsor. This involves demonstrating a lawful, active, and viable business operation, meeting training benchmarks (for some existing sponsors), and committing to non-discriminatory recruitment practices.

Nomination:

After obtaining sponsorship approval, the employer must nominate a position that they wish to fill with an overseas worker. This involves identifying the occupation, ensuring it is on the relevant skilled occupation list, and demonstrating that they will pay the market salary rate. The business also needs to show that there is a genuine need for an overseas worker and that they have undertaken labour market testing (LMT), unless an exemption applies, to prove that no suitable Australian worker is available.

Visa Application:

The final stage is the visa application by the overseas worker. Applicants must demonstrate that they have the necessary skills and qualifications for the nominated position. They also need to meet English language requirements and health and character checks.

The Subclass 482 visa is divided into three streams:

Short-term Stream:

This is for employers to source workers in occupations listed on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or four years if an international trade obligation applies). This stream offers limited pathways for permanent residency.

Medium-term Stream:

This stream allows employers to source workers for occupations on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years, with a possibility of renewal and pathways to permanent residency after three years.

Labour Agreement Stream:

This is for employers who are party to a labour agreement with the Australian government, allowing them to source workers in accordance with the terms of the agreement.

Key features of the TSS visa include:

Work Experience

Applicants usually need to have at least two years of relevant work experience.

Salary Requirements

Employers must meet the Temporary Skilled Migration Income Threshold (TSMIT) and pay the Australian market salary rate.

Health Insurance

Visa holders must have adequate health insurance for the duration of their stay.

Work Rights

Visa holders can work only for their sponsor in the nominated occupation. However, they can bring family members who have unrestricted work and study rights in Australia.

Key features of the TSS visa include:

Changes and updates to the TSS visa program reflect the Australian government’s commitment to ensuring Australian workers are given priority for jobs, while allowing businesses access to critical skills not available in the local labour market. The program is subject to constant review and adjustment to align with the economic needs and employment trends of the country.

Subclass 186 Direct Entry Stream Visa

The Subclass 186 Visa under the Direct Entry (DE) stream is an Australian permanent residency pathway for skilled workers. Unlike the Temporary Residence Transition (TRT) stream, the DE stream is tailored for individuals who have not worked in Australia, or have only briefly worked in the country. It allows skilled workers to live and work in Australia permanently, under the sponsorship of an Australian employer. The DE stream offers a pathway for skilled workers to obtain permanent residency in Australia, sponsored by an Australian employer. It requires meeting specific criteria including skill level, work experience, age, and language proficiency. Successful applicants gain numerous benefits, such as the right to live, work, and study in Australia, access to healthcare, and the possibility of family inclusion and eventual citizenship.

Eligibility Criteria for Applicants:

Skill and Qualification Requirements

Applicants must possess the necessary skills and qualifications for their nominated occupation, which should be listed on the relevant skilled occupation list.

Work Experience

Typically, at least three years of relevant work experience is required, though this can vary based on the occupation.

Age

Applicants should generally be under 45 years of age at the time of application, with some exceptions.

English Language Proficiency

Competent English language skills are essential, usually demonstrated through an English language test.

Health and Character

Applicants must meet health and character requirements, including medical examinations and police certificates.

Eligibility Criteria for Employers:

Active and Lawful Operation:  TThe nominating employer must be lawfully operating a business in Australia.
Genuine Need: There must be a genuine need for the nominated position within the business, and the role should align with the nature of the business.
Labour Market Testing The employer may need to provide evidence of having tested the local labour market, depending on the circumstances.
Terms and Conditions of Employment: The terms of employment should be no less favourable than those provided to Australian workers in similar roles.

Application Process

  • Nomination by Employer:  Applicants must submit an EOIThe employer lodges a nomination application for the visa applicant.
  • Visa Application:  Following nomination approval, the applicant submits a visa application under the DE stream.
  • Assessment:   The application is assessed, considering the applicant’s skills, experience, and other criteria.
  • Visa Grant:   If successful, the applicant is granted permanent residency in Australia.

Key Benefits:

Permanent Residency: Enables the visa holder to live, work, and study in Australia indefinitely.
Medicare Access: Eligibility for Medicare, Australia’s public healthcare system.
Family Inclusion: Family members can be included in the application.
Travel Rights: Freedom to travel in and out of Australia for five years from the visa grant date.
Pathway to Citizenship: Potential eligibility for Australian citizenship, subject to meeting residence requirements and other criteria.
Processing Times and Costs: Processing times for the DE stream can vary based on application volumes and individual case complexities. Costs are involved for both the nomination and visa application processes, and should be considered by applicants and employers.

Subclass 186 Temporary Residence Transition Visa

The Subclass 186 Visa under the Temporary Residence Transition (TRT) stream is a key pathway to Australian permanent residency for skilled workers. It is designed for individuals who have already been working in Australia under a temporary skilled visa (such as the Subclass 457 or TSS visa) and are being sponsored by their employer for permanent residence. The TRT stream provides a direct path to Australian permanent residency for skilled workers who have already spent a significant amount of time working in Australia under a temporary skilled visa. It requires a combination of employer nomination, meeting specific criteria related to work experience, age, and language skills, and satisfying health and character requirements. Successful applicants gain a range of benefits, including the right to live and work in Australia indefinitely and a potential pathway to citizenship.

Eligibility Criteria for Applicants:

Work Experience

The applicant must have worked in Australia, in the same occupation and with the same employer sponsoring them for the 186 visa, for at least three years while holding a Subclass 457 or TSS visa.

Age

Applicants must be under 45 years of age at the time of application, although there are some exceptions for certain occupations.

English Language Proficiency

Competent English language skills are required. This is typically proven through an English language test.

Health and Character

Applicants must meet health and character requirements, including undergoing medical examinations and providing police certificates.

Eligibility Criteria for Employers:
  • Active and Lawful Operation: The employer must be lawfully operating a business in Australia.
  • Genuine Need: The employer must demonstrate a genuine need for the nominated position within their business.
  • Training Requirement: The employer needs to fulfil the training requirements, which generally involve providing training to Australian employees.
  • Training Requirement: The employer needs to fulfil the training requirements, which generally involve providing training to Australian employees.
  • Terms and Conditions: The employment terms must not be less favourable than those offered to Australian workers in similar roles.

Application Process

  • Nomination:   The employer lodges a nomination application for the employee with the Australian immigration authorities.
  • Visa Application:   Once the nomination is approved, the employee can apply for the Subclass 186 visa under the TRT stream.
  • Assessment:   The application is assessed, including checks for health and character requirements.
  • Approval and Grant:  If successful, the applicant is granted a permanent residency visa.

Key Benefits:

  • Permanent Residency

    Allows the visa holder to live, work, and study in Australia indefinitely.

  • Medicare Access

    Eligibility for Medicare, Australia's public healthcare system.

  • Family Inclusion

    Includes the ability to include family members in the application.

  • Travel Rights

    Freedom to travel in and out of Australia for five years from the visa grant date.

  • Pathway to Citizenship

    Eligibility for Australian citizenship, subject to meeting residence requirements and other criteria.

  • Processing Times and Costs

    Processing times for the TRT stream can vary based on the volume of applications and the complexity of individual cases. Costs are associated with both the nomination and visa application processes, which should be considered by both employers and applicants.

Subclass 186 labour agreement ​Visa

The Subclass 186 visa, part of the Employer Nomination Scheme (ENS) in Australia, is designed for skilled workers who wish to work permanently in Australia. This visa includes a stream known as the Labour Agreement stream, which is specifically tailored for workers sponsored by an employer through a labour agreement.
A labour agreement is a negotiated arrangement between an Australian employer and the Australian government. It allows businesses to recruit a specified number of overseas workers in response to identified or emerging labour market shortages in Australia. These agreements are particularly useful for industries or regions where standard visa programs are not sufficient to meet unique or urgent workforce needs.
There are several types of labour agreements, such as company-specific agreements, industry agreements, project agreements, and Designated Area Migration Agreements (DAMAs). Each type caters to different needs and sectors, with DAMAs being agreements between the Australian Government and regional or state authorities.

The Subclass 186 Labour Agreement stream requires both the employer and the employee to meet certain criteria:

Employer Requirements

The employer must have a current labour agreement with the Australian government and must nominate a position that aligns with the terms of that agreement. The employer is also responsible for proving that there is a genuine need for an overseas worker and that no suitable Australian worker is available for the role.

Employee Requirements

The employee must be nominated for a position covered by the labour agreement and possess the skills, qualifications, and work experience required for the position. The employee must also meet English language requirements and other character and health checks. One of the key benefits of the Labour Agreement stream is that it can provide pathways to permanent residency in Australia for workers in occupations that might not be eligible under other visa streams. It’s also beneficial for employers in sectors with critical skills shortages, allowing them access to a broader pool of skilled workers.
However, these agreements are complex and require a detailed understanding of immigration law. They must be negotiated with the Department of Home Affairs and are subject to strict conditions and monitoring. The terms and conditions of labour agreements are tailored to the specific needs of the sector or region and can vary significantly.
Applicants for the Subclass 186 Labour Agreement stream must also comply with all the standard conditions of the ENS, such as age limits (usually under 45 years), and meet the salary and employment condition requirements, ensuring that overseas workers are employed under the same terms and conditions as Australian workers.
In summary, the Subclass 186 Labour Agreement stream is a tailored solution for both Australian employers facing labour shortages and skilled overseas workers seeking permanent residency. It reflects the Australian government’s approach to balancing the country’s workforce needs with the protection and prioritisation of the Australian labour market.

Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa

The Australian Subclass 494 visa, formally known as the Skilled Employer Sponsored Regional (Provisional) visa, is a critical component of Australia’s regional migration strategy. Launched to address skill shortages in regional areas, this visa program encourages skilled workers to live and work in designated regional areas of Australia. This visa is a provisional visa and provides a pathway to permanent residency through the Subclass 191 – Permanent Residence (Skilled Regional) visa. The Subclass 494 visa reflects Australia’s commitment to supporting the economic development of its regional and rural communities. The Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa plays a vital role in Australia’s regional development strategy. By encouraging skilled workers to migrate to and settle in regional areas, this visa helps to balance the distribution of the skilled workforce across the country, fostering economic growth and community development in regions outside major cities. For skilled workers, it offers a rewarding opportunity to contribute to the development of these communities while also providing a pathway to Australian permanent residency.

Eligibility and Sponsorship

Eligibility for the Subclass 494 visa requires applicants to be nominated by an approved Australian employer for a job in a designated regional area. Applicants must possess the skills and qualifications necessary for the nominated occupation, which should be listed on the relevant skilled occupation list. They must also be under 45 years of age and meet English language requirements, along with health and character checks.
Employer sponsorship is a fundamental aspect of this visa. Employers in regional Australia who are unable to source an Australian citizen or permanent resident to fill a skilled position can nominate overseas workers under this program. The employers must demonstrate that they have tested the local labour market and that there is a genuine need for an overseas worker to fill the role.

Visa Features and Conditions

The Subclass 494 visa is granted for a period of five years and requires visa holders to live, work, and study only in designated regional areas. This visa allows the primary visa holder to include family members in their application, enabling families to move and settle together in regional Australia.
Visa holders have full work rights in their nominated occupation and can switch employers within the same region if required. However, they must notify the Australian immigration authorities of any changes in their employment circumstances.

Pathway to Permanent Residency

One of the significant advantages of the Subclass 494 visa is its clear pathway to permanent residency via the Subclass 191 visa, which can be applied for after three years of living and working in a regional area. This pathway provides an incentive for skilled workers to contribute long-term to regional communities.
Economic and Community Benefits
Challenges and Considerations
The Subclass 494 visa addresses critical skill shortages in regional areas, supporting the economic growth and sustainability of these communities. Skilled workers bring expertise, innovation, and diversity to the local workforce, enhancing the social and cultural fabric of regional Australia.
Applicants must be aware of the challenges of moving to and living in regional areas, which can include limited access to certain amenities and services available in metropolitan areas. Adapting to a new community and lifestyle is a significant part of the migration journey.

Subclass 400 Temporary Work (Short Stay Specialist) Visa

The Subclass 400 Visa, commonly referred to as the Temporary Work (Short Stay Specialist) Visa, is an Australian visa designed for individuals who wish to enter Australia to undertake short-term, non-ongoing work. This visa is highly suitable for professionals and skilled workers who need to be in Australia for a specific purpose, such as to complete a project, participate in an event, or provide high-level expertise that is not otherwise available in the country.

Eligibility Criteria

To be eligible for the Subclass 400 Visa, applicants must demonstrate that:

They have specialized skills, knowledge, or experience that can assist Australian businesses and cannot be easily found in the Australian labor market.
Their work or activity in Australia will be non-ongoing, generally not exceeding six months.
They have the support or sponsorship of the organization they will be working for in Australia.

Visa Duration and Conditions

The visa is typically granted for a period of three months but can be extended up to six months in certain cases. It is crucial to note that this visa does not lead to permanent residency and is strictly for temporary work purposes. Holders of the Subclass 400 Visa are expected to leave Australia at the end of their approved stay.

Application Process

Applicants must submit a comprehensive application that includes evidence of their skills and the necessity for their presence in Australia. This might include letters from the employing organization in Australia, a detailed explanation of the project or event, and proof of the applicant's qualifications and experience.

Benefits

The Subclass 400 Visa allows professionals to contribute their expertise to Australian projects and events, benefiting both the visa holder and the Australian community. It provides an avenue for cultural and professional exchange and can be an enriching experience for the individual.

Restrictions

It's important to note that this visa does not allow for extended periods of stay beyond the approved duration. Additionally, visa holders are not permitted to work for an employer other than the one specified in their application. Family members who wish to accompany the visa holder must apply separately, and their stay is also governed by similar conditions.

Processing Time and Costs

The processing time for the Subclass 400 Visa can vary depending on the complexity of the application and the volume of applications received by the Department of Home Affairs. The cost of the visa also varies and applicants should consult the latest fee schedule provided by the Australian Government.

Conclusion:

The Subclass 400 Visa is a valuable tool for businesses and organizations in Australia to bring in international talent for short-term projects. It offers a streamlined and flexible solution for individuals with specialized skills to contribute significantly to specific projects or events in Australia. However, it requires careful planning and adherence to its conditions to ensure compliance with Australian immigration laws.

Subclass 407 Training Visa

The Subclass 407 Visa, also known as the Training Visa, is an Australian visa designed for people to undertake occupational training or participate in professional development in Australia. This visa is not intended for those whose primary purpose is to work. It aims to enhance the applicant’s skills in their occupation, area of tertiary study, field of expertise, or to promote capacity building overseas. The This Training Visa is an essential tool for global skill development and cultural exchange, catering to a diverse range of applicants including professionals, government officials, and international students. It facilitates skill improvement while ensuring that the primary purpose of stay in Australia is training, not employment.

Eligibility and Requirements:

Training Types under Subclass 407

The visa covers three main types of training:

  • Occupational Training for Registration:  For those who need training to obtain registration, membership, or licensing in their profession or trade in Australia or their home country.
  • Occupational Training to Enhance Skills in an Eligible Occupation:  For applicants with recent experience in the occupation and training that will enhance their skills.
  • Occupational Training for Capacity Building Overseas:   Including overseas qualification, government support, or professional development training.

Visa Duration and Conditions:

Benefits of the Visa

Benefits

It allows applicants to develop their skills and enhance their career prospects.

Benefits

It promotes cultural exchange and international relations.

Benefits

It benefits Australian businesses and communities through the exchange of knowledge, skills, and cultural perspectives.

Application Process

  • The process involves three steps: sponsorship application by the organization, nomination of the training program, and the visa application by the individual.
  • Processing times vary based on the specifics of the application.

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