The Employer Nomination Scheme allows Australian businesses to sponsor foreign workers for permanent residency.

Path Migration is a niche law firm focused on personal and business migration matters.

Australian businesses can nominate foreign workers for permanent residency under threestreams: Direct Entry, Transition Stream or Labour Agreement.

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Overview

Employer Sponsored Visa

Australia has a number of employer sponsored visas that can be used by employers to fill skills shortages in their workforce. The Employer Sponsored visa assists employers in managing their labour force but also provides visa applicants to pathways to permanent residency. The appropriate visa will be dependent on the duration of the visa, the applicants skills, the duration of the visa and the sponsors financial situation.

Visa options

There a number of different visa options for employers to consider:

  • Temporary Visa: 
    - Subclass 482 visa: would be suitable if the employer is seeking to hire a foreign employee for a period of 2 to 4 years.
    - Subclass 400 visa: would be suitable if the employer is seeking to hire an employee for 3 months.
    - Subclass 407 visa: would be suitable if the employer is seeking to train an employee on the job and provide a detailed training plan.
  • Permanent Visa:
    -186 Visa transition stream: The transition stream allows employers to provide a permanent pathway for applicants that have been on a 482 visa with the company.
    - 186 Direct entry stream: The direct entry stream allows employers to provide a permanent pathway for applicants that have 3 years experience and a skills assessment.
  • The most suitable visa will depend on a number of different circumstances of the employer and employee.
Occupation Streams

To apply for a sponsored visa the employer must nominate a position from the following occupation lists.

  • Subclass 482 Visa: The position to be nominated for the 482 visais outlined on the  Medium and Long term list or Short-term skilled occupation list. The list can be found here: https://www.legislation.gov.au/Details/F2020C01118
  • Subclass 186: The position to be nominated for the 186 visa is can be found here: 
    https://www.legislation.gov.au/Details/F2021C00335
  • Subclass 407: The position to be nominated for the 408 can be found here: 
    https://www.legislation.gov.au/Details/F2020C01141
    There is no list for subclass 400 visa.
Employer requirements

Requirements to sponsor an overseas employee

  • The nominating business must have a genuine need for the visa applicant. Generally this means that the nominating position should be closely aligned to the business for example: 
    - IT Company: Nominate a software engineer
    - Restaurant: Nominate a chef
    - Architectural firm: Nominate an architect
    - Recruitment firm: Nominate a recruitment consultant.
    It is possible for large organisations to nominate positions outside their core function. For example, a large IT company can nominate an accountant if the business has $1.0 turnover and at least 5 employees.
  • The business should be able to pay the applicants salary. The salary paid to the employee should be based on market conditions for the position.
  • The business must be lawfully operating in Australia and the business must not have adverse information known to the Department.
Benefits of the Employer Sponsored visa.

There are a number of benefits for the employer and employee under the employer sponsored visa.

  • Benefits for the employer
    - The employer can secure an employee for at least 2 years. The employer can use the sponsored pathway to fill skill shortages.
    - The processing of the visa is only taking 2 months. This ensures the company can secure overseas and onshore talent relatively quickly.

    Benefits for the employee
    - Employees can benefit as they have secure employment.
    - Employees can transition to permanent residency easily through the employer sponsored pathway.

At Path Migration have been processing employer sponsored visa for over 10 years. We have worked with a number of industries including IT firms, Restaurants, Fin Technology and Building and Construction firms

Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

employer sponsored visa

Temporary Skills Shortage  TSS Visa (Subclass 482)

The TSS Visa is the most common visa used by Australian employers wanting to employ foreign workers. The TSS visa is a temporary visa that allows the Australian employers to sponsor employees for a period of 2 or 4 years.

  • The applicant must be nominated by their employer
  • The applicant must be paid the market salary for their position
  • The applicant must be performing the nominated role
  • The position must be within the scope of the business
  • The applicant must satisfy character and health requirements
  • The applicant must be under 45 years of age; certain exemptions may be requested

There are three streams under the Employer Nomination Scheme Visa (Subclass 186) for which you can apply.
The general liability criteria for each stream include:

1. Temporary Residence Transition Stream
  • You must have spent at least 3 years working full-time for your employer in the same position whilst holding a 482/457 visa.  
  • Employer nomination is required.  
2. Direct Entry Stream
  • You have a positive skills assessment in the nominated occupation and have at least 3 years of full-time experience
  •   Obtain a nomination from an Australian-based company.  
3. Labour Agreement Stream
  • Work for your nominated employer, who is a party to a labour agreement, at the moment or in the future.
  • Meet the standards of the labour agreement for age, abilities, and English proficiency.
Employer Nominated Visa

Temporary Residence Transition Stream

The Temporary Residence Transition (TRT) Stream, which is a component of theEmployer Nomination Visa (Subclass 186), enables foreign workers to settle permanently in Australia after having held a temporary visa. To qualify for this visa, you must fulfil several requirements and must first receive a nomination. You can only be granted a Temporary Residence Transition Stream Visa if you have recently been nominated for another visa in Australia. To be eligible for a TRTVisa (Subclass 186), you must hold a 457 Visa or a Temporary Skill Shortage (TSS) Visa.

Temporary Residence Transition Stream

TheTemporary Residence Transition (TRT) Stream, which is a component of theEmployer Nomination Visa (Subclass 186), enables foreign workers to settle permanently in Australia after having held a temporary visa. To qualify for this visa, you must fulfil several requirements and must first receive a nomination. 

You can only be granted a Temporary Residence Transition Stream Visa if you have recently been nominated for another visa in Australia. To be eligible for a TRTVisa (Subclass 186), you must hold a 457 Visa or a Temporary Skill Shortage(TSS) Visa.

Eligibility

To be eligible for a Temporary Residence Transition Stream Visa (Subclass 186), you must fulfil the following requirements:

  • Must be 45 years or younger.
  • You worked for your sponsor for 3 of the 4 years before applying for a visa (under Visa 457 or 482).
  • The same employer who sponsored your prior temporary work visas is the one who has nominated you.
  • You satisfy the English proficiency requirements.
  • If you did not hold a 457 Visa as ofApril 2017, the nominated position is on the list of skilled occupations.
  • The job for which you have been nominated shares the same four-digit ANZSCO code as the one you held a Visa 457or Visa 482.
  • You have signed or will sign a contract for at least 2 years (but not limited to only 2 years)
English Proficiency Requirements

There are several English language proficiency exams you may take. To qualify for aShort-Term TSS Visa Stream, you will need to obtain the following results:

  • Occupational English Test (OET): A minimum grade of "B" across all four categories
  • International English LanguageTesting System (IELTS): A minimum of 4.5 for each of the four components and an average score of 5
  • Pearson Test of English Academic(PTE Academic): A minimum of 30 for each of the four components and an average score of 36
  • Cambridge C1 Advanced Test (CAEAdvanced): A minimum overall test score of 154 with a minimum of 147 in each band
  • Test of English as a ForeignLanguage Internet-Based Test (TOEFL IBT) total score of 35 with at least 3 forListening, 3 for Reading, 12 for Writing and 12 for Speaking

YourVisa 186 application includes the results of your English language proficiency test. However, the results cannot be older than 3 years from the date you submit your visa application.

Exemptions from the age
  • You have received a nomination from a scientific government organisation in Australia to serve as a technical specialist, researcher, or scientist at ANZSCO skill level 1 or 2.
  • An Australian university has put your name forward for an academic appointment, such as a faculty head or lecturer at academic levels B, C, D, or E.
  • You had a job for 3 years with aVisa 457 or Visa 482, and you made at least AUD $153,600 yearly (the Fair WorkHigh Income Threshold as of June/July 2021).

There are no exceptions to the English language requirement for the Visa 186Temporary Residence Transition Stream as of November 2019.

Requirements for Nominators
  • They must not have any unfavourable circumstances or cases connected to their enterprise.
  • Their enterprise must be legitimately established.
  • The sponsoring company must offer a full-time role that will last for at least 2 years (the contract must not limit the position to only 2 years).
  • The company must demonstrate that they truly need to hire the applicant for the suggested role.
  • The nominators are the same sponsors who supported the applicant during the holding of a Visa 457 or Visa 482.

If for any reason, the ownership of the business changed while you were holding aVisa 457 or Visa 482, you may still qualify for a Visa 186. Additionally, the time you spent working for a different employer as a result of a change in ownership may be included in your work experience.

Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Employer Nominated Visa

Direct Entry Stream

The Direct Entry Scheme allows you to apply for permanent residency if you are nominated by your employer. A key requirement is that you must obtain a positive skills assessment and have at least 3 full-time work experiences.

Eligibility

The eligibility for the Direct Entry Scheme includes:

  • Your occupation of work is included on the occupation list.
  • You have been employed in the nominated occasion for at least 3 years.
  • You must receive a positive skills assessment for the nominated occupation.
  • You receive a nomination from a sponsor in Australia.
  • You are 45 years of age or younger.
Skills Assessment

Sub-header

  • You must submit a skill assessment report to participate inthe Direct Entry Scheme.
  • When you apply, your skills must be valid. The assessment isvalid for 3 years after the date of issue if an expiration date has not beenspecified by the relevant authority.
  • The skills evaluation must demonstrate that your skills were determined appropriate by the relevant assessing authority no later than the day the visa application was made.
  • Skills evaluations may be submitted after a visa application has been made, but the results of the evaluation must be obtained before the application deadline for the visa.
Exemptions

If you meet the following criteria, you are exempt from the age restriction, skill evaluation, and job experience requirements:

  • You were nominated for a scientist, researcher, or technical specialist position by a scientific government organisation in Australia.
  • A university in Australia nominated you for an academic position, such as a university lecturer or faculty head atAcademic Level A, B, C, D, or E.
Requirements for the Nominator

The nominator must also fulfil certain prerequisites to qualify for the Visa 186 Direct Admission Stream:

  • The nominator must not have any unfavourable circumstances or cases connected to their enterprise.
  • Their business must be legitimately established and pending tax obligations must be completed.
  • The sponsoring company must offer a full-time role that will last for at least 2 years (the contract must not limit the position to only 2years).
  • The sponsoring company must demonstrate that they truly need to hire the applicant. When they submit their nomination application, they must pay the skilling Australian fund charge.
Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Employer Nominated Visa

Employer sponsored visa

Australia has a number of employer sponsored visas that can be used by employers to fill skills shortages in their workforce. The Employer Sponsored visa assists employers in managing their labour force but also provides visa applicants to pathways to permanent residency. The appropriate visa will be dependent on the duration of the visa, the applicants skills, the duration of the visa and the sponsors financial situation.

Visa Categories

The different employer sponsored visas for Australia is outlined below: 

  • Temporary Skilled Shortage (Subclass 482): Ideal to sponsor employees for 2 to 4 years.
  • Employer Nominator Scheme (Subclass 186): Pathway for 482 visa holders to transition to permeant residency and visa applicants with at least 3 years experience to obtain direct permanent residency.
  • Temporary Work (Subclass 400): Ideal for visa applicants seeking a visa for 3 months.
  • Training (Subclass 407): Ideal for visa applicants that require on the job training.
  • Skilled Employer Sponsored Regional Visa (subclass 494): Allows regional employers to sponsor applicants inregional areas of Australia.

Occupation List

There are a number of different occupations list for the sponsored visa as outlined below.

  • Subclass 482: The list of occupations for the the Medium and Long-term strategic skills list of short term skilled list include: https://www.legislation.gov.au/Details/F2020C01118
  • Subclass 186: The list of occupations for the ENS visa include the following: 
    https://www.legislation.gov.au/Details/F2021C00335
  • Subclass 400: There is no list for the 400 visa.
  • Subclass 407: The lost of occupations for the training visa include the following: https://www.legislation.gov.au/Details/F2020C01141
  • The occupation lists are regularly changing based on the skilled demands for Australia.
Requirements for the business

The requirements for the business depends on the visa; the general requirements are below: 

  • The business that is sponsoring the applicant should be actively operating in Australia.
  • The business should have strong financials and or assets.
  • The business should have the funds to be able to pay the visa applicant.
  • The business should have a genuine need for the employee. The type of role being sponsored should align to the business and the size of the business. For example;
    - Accountant sponsorship - The role should not be book-keeping activities.
    - Chef: The business should not be a production kitchen.
    - Marketing: The position salary should be at least the caveat requirements.
Benefits of a sponsored visa

There are a number of benefits for the employer and employee as outlined below:

  • Benefit for the employer
    - Allows the sponsor to secure employees and manage their workforce.
    - Allows the sponsor to employ overseas talent based on their business requirements; the employer can sponsor an employee for 3 months and upto 4 years.
    - Allows the sponsor to assist employees to obtain permanent residency that may not have achieved permanent residency without sponsorship.
  • Benefit for the employee
    - Allows the employee to secure employment in Australia
    - Provides the employee a number of pathways to permanent residency.
Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Overview

Student Visa

Studying in Australia unlocks an array of doors and opportunities. As an international student, studying at one of Australia’s top universities and programs not only gives you access to premium education but an opportunity to live and experience life the Australian way.  

A Student Visa (Subclass 500) allows international students to partake in a full-time course and work in Australia. After the completion of studies, the student visa can lead to permanent residency.

Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Genuine Temporary
Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Visa
Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Assessment Level of Education Providers

The assessment level of the education provider is an importantconsideration when applying for a Student Visa.

The Department allocates assessment levels to alleducation providers. Assessment level 1 providers are considered low-risk forvisa applicants. t the time of visa application itis important to consider the assessment level of the education provider andcountry when lodging a student visa. Please contact us for further informationabout understanding assessment levels.Do we need to add more information here?

PROCESS

Our Visa Application Process for Sponsored visa

We’re make it simple for you to understand the basic principle of our products

1

Step 1

Initial consultation with the employer and visa applicant to confirm visa requirements and ensure eligibility.

2

Step 2

Review employer and visa applicant documentation.

3

Step 3

Complete submissions for the employer and employee to the Department of Home Affairs

4

Step 4

Lodge the company and visa applications.

5

Step 5

Obtain Approval of company sponsor and visa application.

FAQ’S
Frequently Asked Questions
Which courses will my Student Visa cover?
How long are my English proficiency test scores valid?
What is the processing time for my visa application?
As an applicant, what if I am under 18 years of age? 
Is it mandatory to undertake an English language proficiency test? 
What is ELICOS?
Can I work if I hold a Student Visa? 

Your Guide to Australia

With the excitement of beginning your Australian journey follow a barrage of questions, doubts and preparation requirements.

To make life slightly easier, Path Migration has prepared an extensive starter guide that will give you an idea of Australia and how to prepare for your journey.

FAQs for Employer Sponsored Visa

I want to apply for a employer sponsored TSS visa, can I apply onshore?
I am on a TSS visa at the moment and want to change employers is this possible?
I want to apply for permanent residency based on an employernominated pathway, what are my options?
I am an Australian employer and have an employee working forme. Do I need to complete labour market testing?
Can my family also be in Australia while I am on a TSS visa?
Can I sponsor myself on a 482 visa?
Is there a minimum salary a visa applicant should be paid  under the 482 visa?
Is there an English requirement for an employer sponsored visa?