Work Visas

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Work Visa Sponsorship

 

It is a commercial reality that finding the right people with the right skill and experience is not as simple as we would like it to be, add to this the importance of having a healthy and productive work culture and we rapidly see the benefits of having a diverse workplace.

 

The Australian employer sponsorship program offers the most opportunities for job security in Australia for international migrants with an employer wishing to sponsor a skilled employee or an employee wishing to find a sponsoring company. This program helps an employer fulfil their skilled staffing needs to meet the demand for a business operation in successfully performing the duties, enabling long-term security for the business and the employee.

 

There are three stages in sponsoring an overseas worker:

  1. Sponsorship – a sponsorship application by the employer (the employer needs to be a lawfull, active, operating business and meet local labour and employment practices).
  2. Nomination – The second part of the application process is the nomination application. This is regarding the position to be filled, salary details, efforts to hire Australian workers and the ‘genuineness’ of the position. The business must also be viable to sponsor from overseas.
  3. The Visa Application by the nominated employee – The visa applicant must demonstrate that they meet the skills required for their occupation as well as health and character requirements.

 

Without properly considering the requirements for each stage, the unique requirements of skills assessment and objectively assessing an application, there is a risk of refusal or future cancellation.

 

 

VISA TYPES

 

482 – Temporary Skills Shortage Visa

A 482 visa enables employers to sponsor employees who wish to work in Australia. The 482 visa (Temporary Skill Shortage visa) has replaced the previous 457 visa. There are two different streams available to visa applicants under the 482 visa classes depending on the length of their desired stay and the occupation for which they will be nominated by their employer. Each stream has an applicable occupation list that prescribes the occupations that are available under each 482 visa stream.

 

482 Visa Employer Sponsored – Short Term Stream

The Short-Term Skilled Occupation List (STSOL) lists the occupations that are available for the purposes of the TSS visa (482 visa) short-term stream.  The short-term stream provides the 482 visa applicant with approval to live and work in Australia for up to 2 years.

 

482 Visa Employer Sponsored – Medium Term Stream

The Medium and Long-Term Strategic Skills List (MLTSSL) lists the occupations that are available for 482 visa applicants for the purposes of the medium-term stream.  The medium-term stream provides the 482 visa applicant with approval to live and work in Australia for up to 4 years. In addition, holders of 482 visas under the medium-term stream also have a pathway to permanent residency after 3 years.

 

Key requirements for the 482 visa – both streams

The key requirements for 482 visa applicants wishing to apply for a Temporary Skill Shortage visa (482 visa) in either the short term stream or the medium term stream.

 

  • The occupation must be on the Short-term Skilled Occupation List (STSOL) or Medium and Long-term Strategic Skills List (MLTSSL)/Regional Occupation List (ROL).
  • The applicant must be sponsored/nominated by an approved employer sponsor.
  • English Language (IELTS score overall 5 (no skill below 4.5) or equivalent, unless exempt)
  • 2 years minimum of relevant work experience required and meet ANZSCO requirements
  • No age limit
  • Meet health and character requirements
  • Employer tests the Australian labour market before an application to sponsor (LMT)
  • Employer must pay the Australian Market Salary Rate (AMSR) (which as at 2017 must be at least $53,900), and the terms and conditions of employment must be at least equivalent to those which are or would be provided to Australians performing the same work at the same location.

 

Skilling Australians Fund – 482 visa

A business sponsoring 482 visa applicants must make contributions to the “Skilling Australians Fund”: Small businesses must contribute $1,200 per year. All other businesses must contribute $1,800 per year.

 

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Sydney :  119 Willoughby Road, Crows Nest  NSW  2065

Phone:

1800 861 616

Email:

lawyer@kaldelegal.com.au

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