Employer Sponsored Visas

Applying for an Employer Sponsored Visa

If you’ve found an Australian employer to sponsor you, firstly we’d like to say Congratulations!

Applying for a visa can be challenging and frustrating but the team at eVisas are here to make the process easy for you. Our experienced immigration specialists will handle your visa application personally, ensuring you have the best chance of success.

There are a range of Employer Sponsored Visas that suit different people depending on circumstances. eVisas manage the following types of Employer Sponsored subclass visas.

Temporary Skill Shortage (TSS) Visa (SUBCLASS 482)

The Temporary Skill Shortage (TSS) Visa replaced the Subclass 457 visa in March 2018.

This is a temporary visa, which is granted for either 2 years (short term stream) or 4 years (medium term stream). During that period, you are permitted to live in Australia and work full time for your sponsoring employer in your nominated occupation. You may travel to and from Australia without restriction (so long as you are complying with your conditions of employment).

There are usually three application stages:

1. Sponsorship

Your employer makes a sponsorship application, demonstrating that there is a genuine, active and lawful business with the need for, and the financial capacity to support a full time role. The sponsoring business can be within or outside of Australia, but the work to be performed must be in Australia.

2. Nomination

Your employer makes a nomination application in which they establish a genuine need for your nominated position in the business and provide evidence that any terms and conditions that may apply to an Australian working in the same position will also apply to the visa applicant.

Specifically, they must provide evidence that labour market testing (ie specific forms of advertising) has been undertaken, and that no suitably qualified applicants could be found from within the local labour market.

Your employer must also specify which salary is being offered, and this must be above the Temporary Skilled Migration Income Threshold (TSMIT), which is currently at $53,900 plus superannuation. Evidence must also be provided which demonstrates that the salary comes within current market salary trends and expectations. In addition, please note that some occupations are also subject to caveats, which may set a higher minimum salary requirement.

The other important aspect to the nomination application is evidence that the Skilling Australians Fund (SAF) levy has been paid. This charge is calculated as per the number of years for which the visa will be granted:

  • For small businesses whose annual turnover is < $10million : $1,200 is payable per applicant per year.
  • For a large business with an annual turnover of > $10million : $1,800 is payable per applicant per year.

The levy for all relevant years must be paid upfront, at the time of lodgement of the nomination.

3. Visa application

This application is to prove you have the relevant qualifications or work experience for the nominated occupation, that you meet the English language requirement, the health and character requirements and have private health insurance. No age limit applies.

Please note that under the TSS visa, at least 2 years of post-qualification relevant work experience is required.
You may include immediate family members in this application. For adult children (over the age of 18) additional evidence is required to evidence their dependency.

  • Short term stream – Applicants with occupations on the Short-Term Skilled Occupation List (STSOL) are eligible for visas of up to two (2) years. At the expiry, you may apply again, for a further two (2) years.
  • Medium term stream – Applicants whose occupations appear on the Medium and Long-Term Strategic Skills List (MLTSSL) can apply for a visa for up to four (4) years. A ‘vocational’ level of English is required for this stream. After working for your sponsoring employer for three (3) years in your nominated occupation you may be eligibly to apply for permanent residency via a ‘transitional’ stream Subclass 186 or Subclass 187 visa.

Employer Nomination Scheme (subclass 186)

The Employer Nomination Scheme provides highly skilled workers with permanent residency through employer sponsorship on a two year contract. As an applicant, you must have an offer and acceptance of skilled employment in Australia as well as possessing all qualifications and experience required for the role.

You may travel to and from Australia without restriction (so long as you are complying with your conditions of employment).
You may include immediate family members in this application. For adult children (over the age of 18) additional evidence is required to evidence their dependency.

The Employer Nomination Scheme has two stages:

1. Nomination: your employer makes a nomination application that proves there is a genuine operating business that has a genuine need for your position for at least two years.

2. Visa application: you will apply for the visa, meeting all necessary requirements as per the relevant ‘stream’. Please note that in general, you must have a ‘competent’ level of English and you must not be aged 45 or over (some rare exceptions apply).

This visa can be acquired through one of three streams:

1. Direct Entry Stream: If you do not hold a Subclass 457 or Subclass 482 (TSS) visa but have at least three years of post qualification work experience, a positive skill assessment and a competent level English. Please note – your occupation must appear on the MLTSSL.

2. Transitional Stream: For applicants who currently hold either a Subclass 457 or a Subclass 482 (TSS) visa.

If you applied for your Subclass 457 visa before 18 April 2017, you will be eligible if you have worked for two years or more on the Subclass 457 visa with the same business in the same role.

If you applied for your Subclass 457 visa (or TSS visa) after 18 April 2017 and your occupation is on the MTLSSL, you likely would have received a 4-year visa. After you have worked for three (3) years for your sponsoring employer in the same role you will be eligible.

If you applied for your Subclass 457 visa (or TSS visa) after 18 April 2017 and your occupation is on the STSOL, you would have only received a visa for a maximum term of two (2) years. At the expiry of this visa, you may be eligible to apply for a further two (2) year TSS visa. There is no direct avenue for permanent residency in this stream.

3. Agreement Stream: You are sponsored by an employer through a labour agreement.

Regional Sponsored Migration Scheme (RSMS) (subclass 187)

If you have found an employment opportunity in a regional area of Australia, this visa will provide you with permanent residency through employer sponsorship. To apply, you must have a two-year contract offer in an approved regional area and have the relevant qualifications or experience for the role.

There is a separate occupation list applicable to the RSMS visas, which includes occupations from both the STSOL and the MLTSSL.

  • You may travel to and from Australia without restriction (so long as you are complying with your conditions of employment).
  • You may include immediate family members in this application. For adult children (over the age of 18) additional evidence is required to evidence their dependency.

This visa generally involves three applications:

1. Regional Certifying Body (only required for Direct Entry Stream): the relevant local authority certifies that the position is genuinely required in the business and that the position can’t be filled locally.

2. Nomination: your employer makes a nomination application to prove they are a genuine operating business that has a need for your position for at least two years and which is financially viable.

3. Visa application: you will apply for the visa, meeting all necessary requirements as per the relevant ‘stream’. Please note that in general, you must have a ‘competent’ level of English, you must be suitably qualified or skilled and you must meet the relevant health and character requirements.

You can apply for the subclass 187 visa through one of three streams:

1. Direct Entry Stream: For applicants who don’t hold a subclass 457 visa (or TSS visa) but you have Regional Certifying Body (RCB) approval, relevant qualifications and/or work experience and competent English.

Unlike the Subclass 186, a Skills Assessment is not required for all occupations. Please speak to us to find out if your occupation requires a skills assessment and for information on how to obtain RCB approval from the relevant local authority.
Please note that you must show evidence that you have been employed in your nominated occupation, at the requisite skill level for at least 3 years or equivalent. You must not be aged 45 or over (some rare exceptions apply).

2. Transitional Stream: For applicants who currently hold either a Subclass 457 or a Subclass 482 (TSS) visa.

If you applied for your Subclass 457 visa before 18 April 2017, you will be eligible if you have worked for two years or more on the Subclass 457 visa with the same business in the same role.

If you applied for your Subclass 457 visa (or TSS visa) after 18 April 2017 and your occupation is on the MTLSSL, you likely would have received a 4-year visa. After you have worked for 3 years for your sponsoring employer in the same role you will be eligible.

If you applied for your Subclass 457 visa (or TSS visa) after 18 April 2017 and your occupation is on the STSOL, you would have only received a 2-year visa. There is no direct avenue for permanent residency in this stream. At the expiry of this visa, you may be eligible to apply for a further 2 year TSS visa. However, you have worked for a total of 3 years for your sponsoring employer in the same role (on a combination of 457 and/or TSS visas) you may be eligible to apply via the Direct Entry Stream. Please see above.

You must not be aged 45 years or over (some rare exceptions apply), unless held or applied for a 457 before 18 April 2017, in which case the age limit is 50.

3. Agreement Stream: If you are sponsored by an employer through a labour agreement.

Temporary Work (Short Stay Activity) visa (subclass 400)

This temporary employer sponsored visa is suitable for highly specialised temporary work that can’t be filled locally. The visa is valid for up to three months (in limited circumstances up to six months) and you must have enough money to support yourself.

There are two application stages for the Short Stay Activity visa:

1. Nomination: your employer proves you will be employed in a genuine position that can’t be filled locally.

2. Visa application: you demonstrate you have the skills, health insurance, enough funds to support yourself, and meet health and character requirements.