There are essentially two types of employer sponsored visas, the Temporary Skill Shortage Visa (TSS 482) is a Temporary Work Visa and the Employer Nomination Scheme (ENS) which allows Australian employers to nominate qualified foreign employees to work in Australia on a subclass 186 permanent residence visa.
The TSS Visa is a temporary visa that has been developed for employers who want to nominate an overseas employee (the nominee). It allows skilled workers to stay in Australia and work for their Sponsor Business for a period up to:
- Four years, after the visa is granted, if your occupation is listed on the MLTSSL List (Medium and Long-term Strategic Skilled List)
- Two years, after the visa is granted, if your occupation is on the STSOL List.
The Temporary Skill Shortage Visa (TSS 482) is the replacement visa for the Temporary Work (Skilled) Visa (subclass 457), and is fairly similar, but different in some of the requirements
The TSS involves a Three – Step Process:
- A sponsorship application by the employer to become a standard business sponsor. The sponsorship approval will last 5 years
- A nomination application for a skilled position by the employer. The nomination is generally valid for 12 months from its approval
- A visa application for the proposed employee
An overseas worker may be eligible as a candidate for this visa if you:
- have been nominated for a position by an approved sponsor, and that nomination has been approved and is still active
- have relevant work experience of at least 2 years post qualification and meets the minimum requirements as set out for the specific Occupation
- possess required skills and qualification and pass the skills assessment (if required);
- meet the English language, health and good character requirements
Employer Sponsored Permanent Residency Visa (subclass 186)
The Employer Nomination Scheme (ENS) allows Australian employers to nominate qualified foreign employees to obtain permanent residence to live and work in Australia .
A two-step visa process is involved; a nomination by an approved Australian employer and a visa application by the qualified overseas worker.
It is allowed that applicants are in or outside Australia when applying for this visa. A valid visa or a bridging visa A, B, or C is required for applying for this visa in Australia.
The Subclass 186 visa has three streams:
- The Temporary Residence Transition stream is for 457 (or TSS )visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer who is ready to offer them a constant position in that occupation
- The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally skilled in their occupation and have worked for at least three years at a qualified level in their occupation and their occupation is on the CSOL
- The Agreement stream is for applicants sponsored by an employer through a work contract
To be qualified for an Employer Nominated (ENS) visa through the Direct Entry Stream you must:
- Have an occupation on the Consolidated Occupation List (CSOL);
- Have relevant work experience of at least three years at a skilled level (i.e. post qualifying) in your assigned occupation.
- Have a positive skills assessment in your assigned occupation
- Prove that you have at least competent English unless you’re liberated from the English requisition
- Be less than forty five years old unless you’re liberated from the age requisition.
- Meet the minimum health and character requirements.
Both the TSS 482 (ex-457 visa) and the 186 visas have strict requirements of both the employer and the employee that that need to be met. it is important that you take correct advice either as an employer wishing to nominate a foreign employee or as an employer wishing to utilise this path to gain entry in Australia. Pathway has the experience and qualifications necessary to provide you with the comprehensive assistance you will need. We specialise in assisting both employers and employees in applying for employer sponsored visas.
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