Employer sponsored visas

Certain applicants seeking temporary or permanent work in Australia must be sponsored by an Australian employer.

Temporary Visas

These visas exist for lawfully operating Australian and overseas employers to employ approved skilled workers for temporary vacancies in Australia. Temporary visas can offer a pathway to a permanent visa.

1. Temporary Business Long Stay – Standard Business Sponsorship (Subclass 457)

This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. There are also special arrangements for employers in regional areas across Australia. With a 457 visa, migrants will be allowed to work legally in Australia for a period of between three months and four years.

An English language requirement was introduced in July 2007. Applicants are required to have proficiency in English and detail their language skills on their visa application form.

2. Service Sellers

This visa is for representatives of overseas suppliers of services who are negotiating, or entering into, agreements to supply their services (not products) in Australia under the General Agreement on Trade and Services (GATS). With the Service Sellers visa, migrants will be allowed to negotiate the sale of services for a period of between three months and six months.

Service Sellers are not eligible for employment by an Australian-based company; therefore, all financial supports (wages, housing, etc) must be paid by the overseas company.

Service Seller visas cannot be extended beyond six months. If additional time in Australia is required, an entirely new application must be lodged.

3. Medical Practitioner visa (Subclass 422)

While doctors should generally apply for a Temporary Business Long Stay visa (Subclass 457), this visa is an alternative for doctors registered to work in Australia – both overseas-trained doctors and overseas students who have completed a medical degree in Australia. Employers must lodge a separate sponsorship application for each doctor sponsored.

As with a 457 visa, holders of a 422 visa are eligible to work for a period of between three months and four years in Australia before expiry of their visa. An applicant’s spouse, dependent children and other dependent relatives may be included in the application.

Eligible sponsoring employer organisations include direct employers from the health industry, state & territory health authorities, deputising services and locum agencies, and community bodies such as local councils, government health organisations and regional medical centres.

Think before you apply for a Medical Practitioner visa. The Australian Government Department of Immigration and Citizenship (DIAC) recommends that doctors and sponsors consider applying for the Subclass 457 visa, rather than the Subclass 422 visa, as the 457 visa carries with it three major advantages:

  • It can be lodged online
  • It allows organisations to make multiple nominations for doctors under the same sponsorship
  • Organisations can nominate other health professionals (nurses, radiologists, etc) under the same sponsorship

4. Educational visa (Subclass 418)

The Educational visa (Subclass 418), allows successful applicants to work in Australia for a sponsoring educational employer for a period of up to four years if appointed to a senior academic or scientific research position or up to two years for all other applicants.

The sponsoring organisation must be an Australian tertiary education or research institution, school or technical college. Skilled migrants eligible to apply for a 418 visa include teachers, academics, librarians, technicians, laboratory demonstrators, and graduate or post-doctoral researchers.

You may not lodge your application until sponsorship by an Australian educational employer has been confirmed. You may include your spouse, dependent children and other dependent relatives on your application.

Think before you apply for an Educational visa. The Australian Government Department of Immigration and Citizenship recommends that education professionals and sponsors consider applying for the Subclass 457 visa, rather than the Subclass 418 visa, as the 457 visa carries with it four major advantages:

  • It can be lodged online
  • It allows organisations to make multiple nominations under the same sponsorship
  • No labour market testing is required
  • A maximum stay of up to four years is allowed

With a 418 visa you will not be allowed to take up any form of secondary employment, and must remain in a position consistent with that which is nominated in your visa application.

Permanent Visas

This type of visa is for lawfully operating Australian employers to sponsor highly skilled workers in particular occupations that cannot be filled from within the Australian labour market.

1. Employer Nomination Scheme (Subclass 121/856)

This scheme is for lawfully operating Australian employers to recruit highly skilled workers on permanent visas, either from overseas or temporary residents already in Australia. If you are granted a permanent visa under the Employer Nomination Scheme (Subclass 121/856), you and dependent family members may live and work and study in Australia permanently, receive subsidised healthcare, access certain social security payments, sponsor other migrants for permanent residence, and be eligible for Australian citizenship.

To meet the criteria of the Employer Nomination Scheme (ENS), an eligible job must be full-time and available for a minimum of three years, must be a highly skilled occupation found on the Employer Nomination Scheme Occupation List (ENSOL), and meet the minimum salary level for ENS.

To be eligible for permanent residency under the ENS, a candidate must meet at least one of the following requirements:

  • The applicant must have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
  • The applicant must have been nominated to fill a highly paid senior executive position with a annual salary of more than $165,000 (excluding superannuation or allowances)
  • The applicant must have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged

In addition, the candidate and any dependent family members must meet all health and character requirements.

2. Regional Sponsored Migration Scheme (Subclass 119/857)

Similar to the ENS, this scheme is for lawfully operating Australian employers to recruit skilled workers on permanent visas, either from overseas or temporary residents already in Australia.

If you are granted a permanent visa under the Regional Sponsored Migration Scheme (Subclass 119/857), you and dependent family members may live and work and study in Australia permanently, receive subsidised healthcare, access certain social security payments, sponsor other migrants for permanent residence, and be eligible for Australian citizenship.

To meet the criteria of the Regional Sponsored Migration Scheme (RSMS), an eligible job must be located in a regional area, a genuine full-time vacancy, available for a minimum of two consecutive years, require a candidate with qualifications equivalent to at least Australian diploma level, and cannot be filled by an Australian employee.

To be eligible for a permanent visa under the RSMS, a candidate must meet all of the following requirements:

  • The applicant must have the relevant qualifications for the nominated position, which are equivalent to at least an Australian diploma level
  • The applicant must meet any mandatory licensing, registration or professional membership requirements
  • The applicant must have been offered a position for a fixed term of at least two years
  • The applicant must be 45-years old or younger
  • The applicant must have functional English language ability

In addition, the candidate and any dependent family members must meet all health and character requirements.

Labour Agreements

With both temporary and permanent options available, Labour Agreements are formal arrangements for an Australian industry group or employer to recruit a number of skilled overseas workers. There is no charge for negotiating a Labour Agreement. Labour Agreements are most suitable for:

  • Organisations in industries with a fluctuating demand for goods or services
  • Employers acting collectively or as part of an industry association
  • The implementation of government policy or programs that require the recruitment of overseas skilled workers
  • Organisations that have demonstrated commitment to employment and training of Australians
  • Situations in which there is evidence of a direct employer-employee relationship
  • Situations in which there is evidence of ability to meet salary and training requirements
  • Situations in which there is evidence of a need to fill skilled occupations with skilled employees

Employees applying for a Labour Agreement visa must be under 45 of age and cannot enter into an employment agreement of any kind outside of the nominated position on their Labour Agreement visa.