EMPLOYER SPONSORED VISAS AUSTRALIA
25 November 2023
Expanding pathways to PR for temporary skilled workers
The government is dedicated to implementing changes to Australia’s migration system to ensure temporary skilled workers have a pathway to PR. To attract the skilled workers Australia needs, the government has set clear pathways to PR for all TSS visas (Temporary Skill Shortage visa - subclass 482) streams. This will provide more certainty to employers and TSS visa holders as well as simplifying the nomination process.
Employer Sponsored Visa Changes from 25 November 2023*
Changes to nomination requirements for the TRT (Temporary Residence Transition) stream of the ENS and RSMS visa subclasses.
Eligible visa requirements for ENS/RSMS nominations
Employers will be able to nominate holders of all TSS visa streams, including Short-term and Labour Agreement streams.
The nominated person will need to have held their TSS (or subclass 457) visa(s) for 2 out of the 3 years before nomination.
The RSMS visa will continue to be restricted to transitional 457 workers and transitional 482 workers.
Nominated occupation requirements
Nominated occupations will no longer be assessed against skilled migration occupation lists.
The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visa(s).
Employer Sponsored Visa Work experience requirements
The period in which Temporary Skill Shortage visa (subclass 482) holders are required to have worked in a position with their sponsoring employer (or in the occupation for medical practitioners and certain executives) will be reduced to 2 out of the 3 years before nomination.
Changes to visa requirements for the TRT (Temporary Residence Transition) stream of the ENS and RSMS visa subclasses
Changes from 25 November 2023*
Employer Sponsored Visa Age exemption requirements
Changes will be made to age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over to allow for a two-year pathway.
Earlier this year, the Minister for Home Affairs, the Hon Clare O’Neil MP announced an increase in the TSMIT. She also announced expanded pathways to permanent residence for employer-sponsored temporary skilled visa holders.
Raising the Temporary Skilled Migration Income Threshold
From 1 July 2023, the TSMIT will increase from $53,900 to $70,000.
New nomination applications from this date will need to meet the new TSMIT of $70,000 or the annual market salary rate, whichever is higher.
This change will not affect existing visa holders and nominations lodged before 1 July 2023.
Expanded pathways to PR (permanent residency)
By the end of 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa will be available for all Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them.
Occupations will not be limited to the Medium and Long-term Strategic Skills List (MLTSSL).
The minimum work experience to be eligible for the TRT stream will be reduced from 3 years to 2 years employment with the sponsoring employer.
Applicants will need to continue to work in the occupation nominated for their TSS visa(s).
To facilitate these pathways, the Government is also removing limits on the number of Short-term stream TSS visa applications that visa holders can make in Australia. This is an interim measure to assist those currently onshore who would normally need to go offshore to make further visa applications.
The changes will provide more equitable access to permanent residence. They will also provide more certainty to TSS visa holders and their employers about the permanent residence pathways available. Employers will be able to alleviate skills shortages by ensuring a permanent employer sponsored pathway is available for a wider range of occupations.
Employer sponsored visas are designed predominately to fill gaps in the workforce that cannot be filled locally in Australia. If your occupation is in demand or if you have a particular skill or talent that would be an asset to Australia, you may be sponsored by Australian employers and get a visa to work and live in Australia on a temporary/permanent basis.
Employer sponsored visa works two-way. On one side, it allows the Australian employers in shortage of skilled labor to sponsor specific skilled labor to serve their business needs. On the other side, it allows any kind of skilled labor from a foreign country to explore their employment options with Australian employers.
Training visa (subclass 407)
if you have 1-year full time work experience or, 2 years of full-time work experience in Australia in your nominated occupation post positive skills assessment in an eligible occupation list listed above, you may be eligible to apply for a Training Visa which will allow you to work full time in Australia and the duration could be up to 2 years.
Duration: up to 2 Years
Temporary Skill Shortage visa (subclass 482)
This visa lets skilled people with a relevant occupation work in Australia for an employer who can't find an Australian to do the work. Occupations in the Short-Term Strategic Occupation list, such as Marketing specialist, Advertising Manager are also eligibkle to apply for Training Visa and Temporary Skill Shortage Visa.
Employer Nomination Scheme (subclass 186)
You must be nominated by a business in Australia before lodging your visa
Applicants must have at least 3 years of work experience in the nominated occupation.
Part-time work may be considered.
The age limit is 45, unless exempt.
The Subclass 186 Visa has 3 streams:
Direct Entry Stream
For applicants who are qualified or have sufficient experience in an eligible occupation. See the Direct Entry Stream tab for specific requirements.
For applicants who are sponsored by an employer under a labour agreement.
It is very important for both employers and employees to have a clear understanding of these visas' requirements in order to make employer-sponsored visa applications successful. A slight error may result in visa rejection and you will lose precious time and money.
Even after the visa is granted, there are a lot of obligations that employers and employees have to follow. Therefore, it is necessary and essential for you to seek genuine advice from Registered Migration Agents.
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