Through our Australian office we have developed extensive contacts with employers and recruitment agencies and can therefore offer assistance to our clients to help then to find employment in Australia. Although we are not a recruitment agency, our Australian office is ideally placed to help your prospective employer obtain the sponsorship approval, whilst our U.K. office can deal directly with you to ensure a smooth transition.
There are 3 principle visas in this category.
Temporary Skilled Shortage (Subclass 482) visa
In order for an employer to sponsor you for this type of visa they must first be approved as a sponsor and the occupation must be on the specification of occupations list. Once those conditions are met the employer may then put forward a nomination to employ you and once granted then the visa application can proceed.
The Subclass 482 visa is a work visa for Australia. It allows employees to work for up to 4 years via sponsorship of their employer.
The 482 application process is 3 stages:
There are three aspects to the subclass 482 program – these are the Standard Business Sponsorship, the 482 nomination application and the 482 visa application
The occupations available for sponsorship have been separated into three lists – the Short Term Skilled Occupation List (STSOL), the Medium and Long Term Strategic Skills List (MLTSSL) and the Regional Occupation List (ROL)
The list which the occupation falls on determines the length of the visa, it’s application fees and eligibility requirements. STSOL = short term stream, visa period can be up to 2 years. MLTSSL and ROL = medium term stream, visa period can be up to 4 years.
Step 1. Standard Business Sponsorship (SBS)
The standard business sponsorship application requires demonstrating that the business is lawfully operating in Australia or overseas.
In the way of documents required, the SBS application requires registration documents, financial documents and an overview of the business and it’s organisational structure.
If the application is positively finalised, the business will be an approved standard business sponsor for 5 years and will be able to lodge multiple nominations against this sponsorship within reason.
Step 2. Nomination by an Employer
The most important aspect of the nomination application is Labour Market Testing (LMT). Currently, the Department requires businesses who wish to nominate a skilled migrant to have posted 3 ads within the last 4 months. These ads must contain the job title, clarify the position is full-time, the business’ name and the annual salary or salary range for the position
Once we have established valid LMT, we are able to prepare the other nomination documents/evidence which include:
- Employment contract
- Evidence of genuine position – we prepare a statement and request photos of the workplace
- Evidence you will be paying the nominee the Australian Market Salary Rate (AMSR) – the AMSR is either 1) the amount you pay a current Australian employee who will be equivalent to the nominee or 2) we prepare a submission if you have no equivalent employee)
- Business financial position – we provide financial documents to show the business is financially able to sponsor the nominee
We offer a range of services for applicants considering the 482 visa pathway, including job opportunities in Australia.
Step 3. Visa application – Subclass 482 (TSS)
Before we begin preparing a nomination or visa application, we first request documents from the visa applicants to determine their eligibility to apply for a 482 visa
All 482 visa applicants must have:
- Relevant qualifications, skills and work experience for their occupation when assessed against the Australian and New Zealand Standard Classification of Occupations (ANZSCO)
- At least 2 years of verifiable full time work experience in their nominated occupation (or equivalent part time experience). Casual/Contract work experience does NOT count towards this requirement
- Required English language ability for their occupation stream – this differs between the short and medium term streams
We undertake an assessment of these factors and if the applicant is eligible we proceed to preparing the nomination and visa applications
Mandatory Skills Assessments – Some visa applicants are a part of a class of persons who are required to undergo a mandatory skills assessment. This process must be commenced before lodgement of their visa application. Thames Migration will confirm before proceeding.
While we work with the employer to prepare the nomination application, we simultaneously prepare the visa application with the nominee or their agent
Thames Migration work to ensure most of the documentation needed for the visa application is gathered in the initial eligibility assessment in order to lodge a “decision ready” application.
The only thing that has to be done post-lodgement is medical examinations (fi required) which the applicant organises themselves.
If you would like to know more about the Subclass 482 TSS visa, please call us on 0208 996 0120 or complete our assessment.
Employer Nomination Scheme (ENS) Subclass 186
This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in Australia. It has three streams:
• The Temporary Residence Transition stream is for subclass 482 visa holders who have worked for two years and their employer wants to offer them a permanent position
• The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market
• The Agreement stream is for people sponsored by an employer through a labour or regional migration agreement
The ENS application process is two fold:
Step 1: Nomination by an Employer
To nominate a position under the Employer Nomination Scheme the employer must:
• Be actively and lawfully operating in Australia
• Have a genuine need for a paid employee to fill a position in the employer’s business
• Have a satisfactory record of compliance with immigration law and workplace relations law
• Have a commitment to training existing Australian employees
The position in the employer’s business must:
• Be full-time and available for at least 2 years
• Be in accordance with the standards for working conditions provided under Australian industrial laws
• Correspond to an occupation on the CSOL
• Attract a base salary that is in line with the market rate for the occupation
Step 2: Visa Application
People can apply for this visa if they:
• have been nominated by an approved Australian employer
• are less than 50 years of age
• meet the skills, qualifications and English language requirements
• meet mandatory health and character requirements
The skills, qualifications and language requirements will depend on whether you apply for the Temporary Residence Transition stream, the Direct Entry stream or the Agreement stream.