Employment Visas

The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years. Conditions are that the applicant must have an employer who is willing to sponsor and the visa holder is restricted to only working for the sponsoring employer (visa holders are able to change sponsors).

The Temporary Work (Skilled) visa (subclass 457) is the typical work visa for overseas nationals. There are 3 parts to this application: 457 Sponsorship, 457 Nomination and 457 Visa.

The visa applicant must have an occupation that is registered on the CSOL and meet minimum wage requirements. Some occupations require licensing/qualifications, IELTS Assessment and Skills Assessments. Applicants must provide evidence to prove that they meet the necessary minimum qualifications in order to work in that industry/field (Trade / Diploma or Degree) or demonstrate an extensive work history in that industry/field if they are not qualified.

A certain minimum level of English testing (IELTS/OET) is required.

However if you are from the, UK, USA, Canada, New Zealand or Ireland and earn more than the qualifying base salary you are exempt from the English requirement. Furthermore if you have completed 5 consecutive years of full-time study in a secondary and/or higher education institution where the education was delivered in English you will be exempt from the English Assessment requirement provided you are able to demonstrate evidence of this.

All 457 visa holders are required to hold the Medicare Equivalent health insurance. You will either need to have a reciprocal Medicare card or take out specific 457 visa private health insurance. Payment and maintenance of health insurance is the responsibility of the visa holder.

Partner visas are obtainable provided the couple is able to demonstrate that they have been in a de facto relationship for a minimum of 6 months. Evidence such as joint leases/tenancy agreements and joint bank accounts in most cases meet evidence requirements.

The ENS is a permanent visa that requires an employer to nominate you for permanent residence. Generally, Employers will only offer this visa if you have worked for them on a 457 visa for a number of years.

Employers can only nominate certain occupations and there are minimum English and salary requirements to qualify for this visa.

There are 3 pathways as follows; Temporary Residence Transition Stream, Direct Entry Stream and Agreement Stream.

The Temporary Residence Transition Steam is a streamlined path way that allows 457 visa holders who have worked for their current employer for 2 years to obtain a permanent residence visa.

The Direct Entry Stream requires visa holders (onshore or offshore) to obtain a Skills Assessment and demonstrate 3 years work experience. You must have an occupation that is listed on the CSOLand there is no minimum salary requirement. There is a requirement to show that the salary meets the Australian Market Rate, which could equate to an Industry Award or Salary Survey.

The Agreement Stream is for visa holders (onshore or offshore) sponsored on Enterprise or Regional Migration Agreements. Each of these streams has different requirements for the nomination process.

The RSMS allows organizations in regional areas to nominate future/current employees for permanent residence. There is no list of approved occupations, however the scheme is education driven so you must have a Trade Qualification/Diploma or higher in order to meet RSMS application requirements.

The RSMS is a permanent visa, however can be terminated if the visa holder ceases to work for the employer and or relocates outside of the regional area within 2 years of visa issue date.

Eligibility requirements dictate that the employer must be located in a regional area, as defined by post codes. However all of Western Australia, South Australia, ACT, Northern Territory and Tasmania are deemed regional.

The RENS does not have a list of occupations; the applicant must have an occupation that is listed as a skill level of 1-3 on the ANZSCO table. As a result of this a large list of occupations is available through this visa type.

The applicant must have a certain IELTS result.

The applicant must also be under a certain age.

A Regional Certifying Body must certify that the position is in high demand in the regional area.

The applicant/employee must commence employment within a certain time frame from grant of visa and must remain in the regional area or working for the employer for a minimum of 2 years otherwise this visa may be terminated.