Are you an employer who is seeking to sponsor foreign skilled workers in your business? Well, the good news is that there are a range of employer sponsored visa options that are available, with each one designed to meet a specific need in the Australian labour market.
The Subclass 482 Temporary Skill Shortage (TSS) visa is one visa option for skilled sponsored workers that you may like to consider. The visa term of this employer sponsored visa option can be up to between two and four years, and provides a pathway to permanent residency in Australia for your sponsored worker via the Subclass 186 Employer Nomination Scheme (ENS) visa after two years under the Temporary Residence Transition (TRT) or Labour Agreement stream. Or you may be able to nominate an overseas worker for immediate permanent residency in Australia under the Direct Entry stream.
If your business is located in regional Australia, another visa option for skilled sponsored workers that you may like to consider is the Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa program. This employer sponsored visa option too provides a pathway to permanent residency via the Subclass 191 Permanent Residence (Skilled Regional) visa after three years, provided that specified requirements are met by your sponsored foreign worker.
Keep in mind that as a sponsor, your business will be subject to prescribed sponsorship obligations. An employer sponsor must, for example, notify the Department of Home Affairs (the Department) when certain events occur and pay for certain costs, such as, for example, travel costs to enable the sponsored employee and their sponsored family members to depart Australia.
In this article, we examine some of the key features and requirements of the main employer sponsored visa options, and we provide links to further information so that you can lean more about the visa options for skilled sponsored workers that are available.
How Can You Sponsor Foreign Workers In Your Business?
For the temporary employer sponsored visa options, employers can either sponsor workers under a Standard Business Sponsorship or a Labour Agreement.
Under a labour agreement, an employer can sponsor suitably skilled overseas workers for an employer sponsored skilled visa in accordance with the terms which have been negotiated with the Department of Home Affairs (the Department) in the executed labour agreement. A labour agreement generally provides greater flexibility compared with the standard business sponsorship option as it provides some capacity for employers to negotiate the terms of the labour agreement based on their individual needs (within certain parameters).
If your business enters into a labour agreement with the Department, you will be bound by its terms, as well as the general sponsorship obligations that apply to standard business sponsors.
Please refer to our article on How To Become A Sponsor to learn about the different ways in which your business may sponsor foreign workers. Please also see our Guide To Australian Sponsorship Visa Costs for information about the costs you can expect to incur if you proceed with an employer sponsored visa option.
Now let us take a look at the some of the main visa options for skilled sponsored workers.
What Are The Employer Sponsored Visa Options?
Temporary Skill Shortage Visa
The Subclass 482 Temporary Skill Shortage (TSS) visa is a temporary employer sponsored visa option which allows the sponsored worker to live and work in Australia for up to either two or four years, depending on which stream you apply for. It also provides a pathway to permanent residence after two years if specified requirements are satisfied.
To apply for a TSS visa, three applications must be lodged, namely:
- as the sponsoring employer, you must apply for, and be approved as, a standard business sponsor. Alternatively, you may enter into a labour agreement with the Government. One of the main benefits of a labour agreement is that it provides more flexible terms to the standard visa programs;
- you must also apply to nominate the overseas worker for the position (referred to as the nominated position); and
- the overseas worker must separately apply for the Subclass 482 TSS visa.
All three applications may be lodged at the same time. But if your business already has an approved sponsorship or labour agreement in place, only a nomination and visa application are required to be submitted to the Department (sponsorships and labour agreements generally last for a period of five years).
Subclass 482 Visa Streams
The Subclass 482 visa comprises of three visa streams, which are the:
- Short-term stream – if the nominated occupation is included on the Short-term Skilled Occupation list (STSOL). As the holder of this visa, your sponsored employee can work for you in Australia for up to two years (or for up to four years if an international trade obligation applies);
- Medium-term stream – if the nominated occupation is included on the Medium and Long‑term Strategic Skills List (MLTSSL). As the holder of this visa, your sponsored foreign employee can work for you in Australia for up to four years; and
- Labour Agreement stream – under this stream, as the sponsoring employer, you need to enter into a labour agreement with the Department. This is an alternative to the standard business sponsorship application which is required to sponsor workers under the short-term or medium-term stream. As the holder of this visa, your sponsored employee can work for you as the sponsor in Australia for up to four years.
Some of the main criteria that must be met to sponsor a foreign worker for a subclass 482 TSS visa are set out below.
Sponsorship Application
As the prospective sponsoring employer, you must be lawfully operating a business, and have a strong record of, or a demonstrated commitment to, employing local labour, and declare that you will not engage in discriminatory recruitment practices. There must also be no adverse information known to the Department about your business, or a person associated with you (or it is reasonable to disregard this information).
Alternatively, you may apply for a labour agreement. If your business is located in a regional part of Australia, then you may consider applying for a Designated Area Migration Agreement (DAMA).
To learn more about labour agreements, including the different types of labour agreements and the process for applying for one, please refer to our Labour Agreement Visa article.
Nomination Application
As the sponsoring employer, you must satisfy a number of prescribed requirements for nomination approval, which include the following:
- the entity must be an approved sponsor or have a labour agreement in place;
- the entity must nominate an occupation from a list of eligible skilled occupations, or as specified in a labour agreement;
- there must be no adverse information known to the Department about the business or any person associated with the business;
- the position must be genuine and generally full-time employment;
- the entity must provide a written contract of employment for the proposed sponsored worker;
- the proposed sponsored employee must be employed as a direct employee, or as an employee of an associated entity if the entity is an Australian business sponsor;
- meet requirements relating to the proposed sponsored employee’s nominated salary and employment conditions;
- provide evidence of labour market testing where required (this relates to advertising in the local labour market); and
- not engage in discriminatory recruitment practices.
Visa Application
Short-term Stream
The key requirements to be met by the proposed sponsored worker for grant of the subclass 482 visa include that they must:
- demonstrate that they have at least two years of employment experience in the nominated occupation or in a related field (this should generally be full-time employment completed in the last five years, although the Department may consider part-time employment). The nominated occupation must be included on the STSOL;
- have a relevant skills assessment (if required for your occupation);
- meet the genuine temporary entrant requirement. This is concerned with ensuring that the proposed sponsored employee intends to genuinely reside in Australia temporarily and to comply with their visa conditions; and
- meet an English language requirement (unless they qualify for an exemption).
The nomination application must also be approved.
Medium-term Stream
The key requirements to be met by the proposed sponsored employee for grant of the subclass 482 visa include that they must:
- demonstrate that they have at least two years of employment experience in their nominated occupation or in a related field (should generally be full-time employment completed in the last five years, although the Department may consider part-time employment) and their nominated occupation must be included on the MLTSSL;
- have a relevant skills assessment (if required for their nominated occupation); and
- meet an English language requirement (unless they qualify for an exemption).
The nomination application must also be approved.
Labour Agreement Stream
The key requirements to be met by the proposed sponsored employee for grant of the subclass 482 visa include that they must:
- demonstrate that they have at least two years employment experience in their nominated occupation or in a related field (this can be disregarded if the labour agreement specified otherwise);
- have a relevant skills assessment (if required according to the labour agreement) and
- meet an English language requirement, which is generally the same as that which applies to applicants in the short-term stream unless the labour agreement specifies a different English language competency requirement.
The nominated occupation must be included in a labour agreement between the sponsoring employer and the Government;
To learn more about the TSS visa program, please refer to our Subclass 482 – A Guide to Temporary Skill Shortage article.
Employer Nomination Scheme (ENS)
The Subclass 186 ENS visa program is another employer sponsored visa option which grants permanent residence in Australia to your nominated foreign worker. It comprises of the following visa streams:
- Temporary Residence Transition (TRT) – this requires your nominated worker to hold a Subclass 482 visa and to have worked for you on a full-time basis for at least two years (note there are other specified requirements);
- Direct entry – this applies if your nominated foreign worker does not qualify for the TRT stream. To qualify under this stream, the nominee is also required to have at least three years of relevant skilled work experience and a positive skills assessment in their nominated occupation (unless an exemption applies). This stream grants immediate permanent residence (unlike the TRT and labour agreement streams, which require your nominated worker to hold a subclass 482 visa for a certain period before being eligible for an ENS permanent residency visa);
- Labour Agreement – as the nominating employer, you must have a labour agreement in place under this stream. Your nominated worker must have the minimum qualifications, experience and English language skills that are suitable to perform the occupation (as set out in the labour agreement). They may be eligible for an ENS permanent residency visa if they hold a subclass 482 visa that was granted in accordance with the terms of the labour agreement. Alternatively, they may qualify for PR under the TRT stream after two years.
This option requires two applications to be lodged in all cases: one for the nomination (which relates to the position which you are seeking to fill) and one for the visa (which relates to the proposed sponsored worker meeting specified criteria for grant of the visa).
Some of the main requirements that apply include (note these vary depending on which stream you apply under):
- the skilled occupation must be listed on a prescribed skilled occupation list (under the Direct Entry stream) or in accordance with a labour agreement (under the Labour Agreement stream), and your nominated worker must demonstrate that they have the minimum qualifications and/or employment experience as specified for the nominated occupation. Alternatively, the nominated occupation must be in the same 4-digit ANZSCO unit group which formed the basis for granting the Subclass 482 visa;
- the nominated worker must be under 45 years of age at the time of application (unless an exemption applies or a labour agreement specifies otherwise);
- A positive skills assessment may be required;
- the nominated worker must have Competent English (unless an exemption applies or a labour agreement specifies otherwise).
For further information on the subclass 186 ENS visa, we recommend that you refer to our article on the Employer Nomination Migration Scheme.
Skilled Employer Sponsored Regional (Provisional) Visa
The Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa is a provisional visa option for skilled sponsored workers which provides a pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after three years if specified requirements are met. The subclass 49 visa requires the sponsored worker to live and work in a designated regional area. The term of the subclass 494 visa is five years.
As a SESR visa holder, the sponsored worker can travel to and from Australia on an unrestricted basis over the visa term. They are also entitled to enrol in Medicare.
Like with the TSS application, to apply for a SESR visa, there are three applications:
- Sponsorship application to be lodged by you as the sponsoring employer or alternatively, apply for a labour agreement (as sponsorships and labour agreements generally last for a period of five years, you will need to submit an application for sponsorship or a labour agreement if you do not already have a current sponsorship approval or labour agreement in place);
- Nomination application to be lodged by you as the sponsoring employer (this relates to the nominated position); and
- Visa application to be lodged by the proposed sponsored employee (here they will need to meet visa grant criteria relating to such things as their qualifications, skills, experience, English language proficiency and age).
To qualify for a subclass 494 visa, some of the key criteria that the foreign worker will need to satisfy are that they must:
- be aged under 45 years at time of application (unless an exemption applies or otherwise specified in a labour agreement);
- have a positive skills assessment for a skilled occupation on the prescribed skilled occupation list (unless an exemption applies) or in accordance with a labour agreement;
- have a minimum of three years employment experience in their nominated occupation (this should be on a full-time basis and at the skill required for their occupation) as as otherwise specified in a labour agreement. Generally, you they have gained your experience within the last five years. Note that the Department may consider equivalent part-time work; and
- Have a minimum level of Competent English (unless an exemption applies or as otherwise specified in a labour agreement).
You may sponsor a foreign worker for a subclass 494 skilled employer sponsored regional visa under either the employer sponsored or labour agreement stream.
To sponsor under the employer sponsored stream, as the sponsoring employer, you must meet a number of requirements, including:
- be an approved Standard Business Sponsor (SBS) and an Australian business;
- demonstrate that the nominated position is genuine, full-time and likely to exist for five years;
- the foreign worker must be engaged as an employee under a written contract of employment (unless an exemption applies)
- the nominated position must be located in a designated regional area;
- the nominated occupation must be on the relevant skilled occupation list;
- labour market testing must be undertaken demonstrating that you are unable to find a suitably qualified and experienced Australian worker or eligible temporary visa holder is readily available to fill the nominated position (unless an exemption applies);
- unless the foreign worker’s annual earnings will be $250,000 or above, you must demonstrate that the Annual Market Salary Rate (AMSR) is at least equal to or greater than the Temporary Skilled Migration Income Threshold (TSMIT);
- the foreign worker’s nominated annual earnings must not be less than the AMSR, and must be equal to or greater than the TSMIT;
- an independent body (called a Regional Certifying Body) must also assess the AMSR; and
- the terms and conditions of employment for nominated overseas workers must be no less favourable than for Australian employees.
Alternatively, the Labour Agreement stream is for employers in regional Australia who have a labour agreement with the Government to source skilled overseas workers to work in an occupation specified in the labour agreement for five years. As with the employer sponsored stream discussed above, Subclass 494 visa holders under the labour agreement stream are also eligible to apply for permanent residence after three years.
To learn more about the subclass 494 SESR visa, please refer to the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Get More Information
Skilled Visa Options For Selected Occupations
Please refer to our series of articles on the skilled visa options that are available for selected occupations below:
Visa Options For Professionals
Skilled Trade Visa Options In Australia
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
Migrate To Australia As A Plastics Moulder Machine Operator, Fabricator, Welder Or Technician
Migrate To Australia As A Pig Farmer Or A Senior Piggery Stockperson
Migrate To Australia As A Small Engine Mechanic
Migrate To Australia As A Sandblaster
Employer Sponsored Regional Visa
For information on the subclass 494 regional employer sponsored visa, please see the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Requirements For Regional Employer Sponsored Skilled Visas
Employer Sponsored Visa
To learn about an employer sponsorship visa, please see the following articles:
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
Subclass 482 – A Guide to Temporary Skill Shortage
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
How To Renew 482 Visa And Extension Limitations
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
Skilled Visa
To learn about applying for a skilled visa, please see the following articles:
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Visa Options For Professionals
Skilled Trade Visa Options In Australia
English Requirements For Skilled Visas
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
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Contact us to book a no-obligation consultation to find out more about the visa options for skilled sponsored workers that are available to employers in Australia to help to meet skills shortages.
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In conclusion, we note that the above discussion provides an overview of the visa options for skilled sponsored workers that are available to employers in Australia. We also provide links to further information so that you can learn more about how to sponsor a worker from overseas for your business and the different employer sponsored visa options that are available, including their key features and requirements.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in sponsoring a worker from overseas for your business and would like to find out about the visa options for skilled sponsored workers that are available, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice about the visa options for skilled sponsored workers that are available, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
