Permanent Employer Sponsored Migration

Introduction to the permanent employer sponsored migration

 

Although the 457 visa is the most popular visa among employers due to its faster processing, it is also possible to sponsor employees for a Australian permanent residence visa. The main reasons an employer may consider this option are as follows:

 

1. Employers have sufficient time for their foreign employee to obtain their visa (can take from 3 months to a year). 

- This may occur when a position will be needed in the mid-term rather than immediately

 

2. Employers wish to retain their employees

- If you are satisfied with your worker and wish to retain them, sponsoring your employee for a permanent visa is often a great way to show your commitment to their future.

 

3. Positions offering permanent employment migration are generally much more attractive to prospective employees.

- Quality employees will usually be in high demand wherever they work. Sponsoring applicants for a permanent visa places your company head and shoulders above your competitors in your ability to acquire talent.

 

4. Employers wish to minimise the risks and costs of being a 457 visa sponsor. 

 - There are continuing training costs required for subclass 457 visa sponsors as well as more arduous obligations. Sponsoring an employee for a permanent visa can reduce these risks and costs.

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 Visa Subclasses

There are two main permanent Australian employer sponsored visa subclasses available:

 

  • Subclass 186 - Employment Nomination Scheme
  • Subclass 187 - Regional Skilled Sponsored Migration Scheme

 

The 187 scheme is overall easier than the subclass 186 however only employers in regional or low growth areas are able to access the subclass 187 scheme.

 

Basic Process & Requirements - 186 ENS

Step 1 - Nomination

Companies wishing to sponsor workers to Australia through the ENS program must first apply for submit a nomination to the Department of Immigration. Basic requirements for approval include:

 

1. Business must be actively and legally operating

2. Business must have the financial capacity to pay any employees its sponsors

3. Business must be able to demonstrate that it is committed to training Australian workers

4. Business must be of good standing

5. Salary offered must be within market and legislative limits

6. The skills to be performed are in line with the occupation being nominated

7. Employee will be employed on fair terms in accordance with Australian labour laws

8. The company has a genuine need for the employee

 

Step 2 - Visa application

To apply for a visa, an applicant must satisfy the following requirements

- 3 years of experience in the occupation or have worked for the employer for 2 years on a subclass 457 visa

- Must submit a positive skills assessment unless the employee has worked in Australia for 2 years

- Must show an IELTS score of 6 if a new employee or a score of 5 if the employee has completed 2 years with the employer on a 457 visa

 - Visa applicants must be of good character and in good health

 

 

Basic Process & Requirements - 187 RSMS

Step 1 - Certification

Companies wishing to sponsor workers to Australia through the RSMS program must first seek certification from the relevant Regional Certifying Body (RCB). RCB's are often Chambers of Commerce but also may be the state government depending on the area in question. Each state will have their own requirements in regards to certification approval but will generally look into the financial capacity of the company and whether there is a real need for the employee.

 

Step 2 - Nomination

Once the certification is approved, the business must then submit a nomination to the Department of Immigration. Basic requirements for approval include:

 

1. Business must be actively and legally operating

2. Business must have the financial capacity to pay any employees its sponsors

3. Business must be able to demonstrate that it is committed to training Australian workers

4. Business must be of good standing

5. Salary offered must be within market and legislative limits

6. The skills to be performed are in line with the occupation being nominated

7. Employee will be employed on fair terms in accordance with Australian labour laws

8. The company has a genuine need for the employee

 

Step 3 - Visa application

To apply for a visa, an applicant must satisfy the following requirements

- Unless the employee has worked in Australia for the employer for a period of two years, the employee must:

- Provide a positive skills assessment where required

or

- Provide evidence of having the skills and work experience accepted by the Department

* Most trade occupations will require a skill assessment to be provided.

- Must show an IELTS score of 6 (only IELTS 5 is required for employees with 2 years work experience with the employer.

* Exemptions to IELTS testing are available for certain nationals from English speaking countries.

  - Be of good character and in good health

 

 

How we help

 

Prior to application

- Discuss of  Australian migration strategies

- Assistance with recruitment of employees to Australia

- Advice in regards to employee selection

- Review and advice on Australian contractual agreements

- Salary survey research and reports

- Business plan to support sponsorship application

- Creation of training plans to satisfy training commitment requirement

- Labour market testing assistance

- Assistance with obtaining visa compliant insurance

- Processing of all visa documentation 

 

After applying

- Sponsorship obligation monitoring and audits

- Review, audit and creation of employee training plans

- Employee obligation and entitlement tracking

- Assisting with employee relocation & departure briefings

- Advice on compliance of human resource systems with Australian immigration requirements