Australian Permanent Employer Sponsored Visas – An Overview

Aussie 100s

There are 2 Visa Subclasses under this program. They are:

  1. Subclass 186 – Employer Nomination Scheme (ENS); and
  2. Subclass 187 – Regional Sponsored Scheme (RSMS).

Both these visas are demand-driven programs which allows employers to nominate skilled workers for permanent residence to fill genuine vacancies within their business. You may be inside or outside Australia, when you apply for these visas but if you are within Australia, you must hold either a substantive visa or a Bridging Visa A, B, or C.

The following changes were made to the Program from March 2018

  • Occupation lists: The MLTSSL now applies to the Direct Entry stream for both the ENS and the RSMS, with additional occupations available through the RSMS to support regional employers.
  • Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold.
  • Residency: The eligibility period to transition to permanent residence will be extended from 2 to 3 years.
  • Work experience: At least 3 years’ work experience relevant to the particular occupation will be required.
  • Age: All applicants must be under the maximum age requirement of 45 at the time of application.
  • Training requirement: Employers nominating a worker for an ENS or RSMS visa will be required to pay a contribution to the “Skilling Australians Fund”. These contributions will be:
  • payable in full at the time the worker is nominated.
  • $3,000 for small businesses (those with an annual turnover of less than $10 million) and $5,000 for other businesses.

People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain

existing provisions under the Temporary Residence Transition stream:

  • occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues
  • to work in the same position for the same employer as approved for their subclass 457 visa);
  • the age requirement will remain at less than 50 years of age; and
  • the work experience requirement and the requirement to have worked at least two out of the three years prior to the nomination on a subclass 457 will remain at two years.

There are two ways to approach a possible application under these 2 Subclasses.

  • Those applicants who have already been nominated by an employer in Australia must lodge an application within 6 months of that employer’s nomination being approved by the DoHA.
  • If you don’t already have an employer/Australian sponsor who is able to nominate you, you can register with SkillSelect to lodge an expression of interest (EoI) in order that you might be contacted by an employer who would be willing to nominate you. In other words, SkillSelect acts as a “matchmaker” to potentially source a position for you.

 

There are 3 visa streams under both Subclass 186 and 187 by which an employer may nominate you.
These 3 Visa Streams are as follows:

  1. The Temporary Residence Transition scheme (TRT) is for existing Subclass 457 or Subclass 482 visa holders who have worked for a specified period in Australia with a nominating employer. There are “transitional arrangements” for persons who either held or applied for Subclass 457 visa prior to 18 April 2017.
  2. The Direct Entry stream is for temporary residents who don’t qualify under the Temporary Residence Transition stream, and whose employer wishes to nominate the applicant for permanent residence.
  3. The  Agreement stream is for people sponsored by an employer through a “Labour Agreement” negotiated between an employer and the Minister.

 

Subclass 186 – ENS

You may be able to successfully obtain this visa if:

  • You have an approved business nomination from DoHA (after the proposed nominating employer lodges the nomination application with DoHA);
  • The approved nomination is from an Australian employer which was given in the last 6 months before your visa application;
  • You are under the age of 45 at time of application (there are limited exemptions to this);
  • You have at least 3 years of relevant work experience and the required skills and the qualifications for the position;
  • You have worked for at least 3 years during the period that the subclass 457 or subclass 482 was held;
  • Your nominated occupation must be on the MLTSSL at the time of application;
  • You hold all mandatory registrations, licenses or professional memberships, or you have already been fully assessed as suitable by a relevant assessing authority;
  • You have appropriate English language skills at the time of your application lodgment (there are limited exemptions to this requirement);
  • You meet health and character requirements;
  • You meet the requirements of the Visa stream in which you have applied.

An Australian Business may nominate a skilled worker for a 186 visa if they:

  • actively and lawfully operate a business in Australia
  • have a genuine need for a paid employee to fill a skilled position
  • offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
  • pay a market salary rate
  • comply with Australian immigration and workplace relations laws
  • there is no adverse information known about the business or any person associated with the business.

The requirements of each of the 3 streams are quite complex. We recommend that you seek complete advice before proceeding. We can help you through the maze of procedures and evidence required, both prior to application and during the application process, in order to maximise the potential for a success. The requirements of each of the 3 streams are quite complex.

 

Subclass 187 – RSMS

You may be able to obtain this Visa if:

  • You have been nominated by an approved Australian employer for a job in regional Australia. Note that regional Australia does not include Sydney, Melbourne, Brisbane, the Gold Coast, Newcastle or Wollongong.
  • You are less than 45 years of age at the time of application (there are some minor exemptions to this);
  • You meet the skills, qualifications and English language requirements required (there are some limited exemptions to English language requirements);
  • You meet health and character requirements;
  • You apply under the stream for which you were nominated by your employer.

An Australian Business can nominate a skilled worker for a 187 visa if they:

  • actively and lawfully operate a business in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • have a genuine need for a paid employee to fill a skilled position.
  • offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
  • pay a market salary rate
  • comply with Australian immigration and workplace relations laws
  • there is no adverse information known about the business or any person associated with the business.
  • must be able to demonstrate that the position cannot be filled by an Australian citizen or permanent resident who is living in the local area or who is willing to move to that area.

The requirements of each of the 3 streams are quite complex. We recommend that you seek complete advice before proceeding. For instance, under the Direct Entry stream for Subclass 187, the business must obtain written advice from a Regional Certifying Body about the position they wish to fill. The Regional Certifying Body will need to certify in writing that:

  • there is a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in a regional area of Australia.
  • the terms and conditions of employment are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location.
  • the nominated position cannot be reasonably filled from the local labour market.

We can assist you through the maze of requirements and evidence necessary to succeed with an application under Subclass 187 including pre-application requirements, as well as those requirements during the application process. The requirements of each of the 3 streams are quite complex.

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