Australia is a wonderful country with a high standard of living similar to that of Europe, USA or Canada. This attracts many people to the country, including those who seek employment opportunities in Australia, which promise salaries higher than in their home countries and even the possibility to become a permanent resident in Australia.
The shortage of skilled workers in the country motivates the Australian government and employers to attract skilled labor from abroad and provides a good chance for foreign skilled workers to find a job in the country. However, the process of getting a job can be quite frustrating, especially when the person (employee) is not acquainted with the key details of the Australian Immigration Law associated with the employment of foreign workers. And in the same way the immigration process of hiring foreign staff can be a real challenge to the employer, unless they receive proper migration assistance from a Registered Migration Agent.
Prerequisites & basic requirements for employees to obtain a visa for work in Australia
In order to get a job in Australia it is necessary to understand how to do it. This can be accomplished through obtaining work visas.
Work visa is a legal way of obtaining employment in Australia, though a bit complex. This complexity is due to several factors:
- You need to correctly analyze the available job offers in the labor market and prepare the correct resume.
- You have to find an employer who will agree to hire you and wait for several months before all the documents are ready.
- The employer must convince the Australian Department of Home Affairs that there is no local worker available for this particular position. The Department must approve the employer nomination and the visa application. The employer also has to pay SAF (Skilling Australians Fund) levy, a contribution to support the training of local staff in the Australian job market. And then, only after Labour Market Testing has been accomplished and before the nomination stage the employer can sign a contract with the foreign worker. This complexity of the immigration process and its associated costs is the main reason why many employers are unwilling to be engaged in the employment of skilled workers from abroad.
Besides, to be eligible for Work visas, you must also meet basic requirements:
- Your age normally must be under 45 years
- You must possess evidence of higher or tertiary education\a trades qualification. However, significant work experience for trades occupations of 5 or more years can in fact substitute for the formal qualification.
- Your occupation must be in the skilled occupation list.
- You must provide evidence of previous work on the claimed occupation for at least 2 years, unless exemptions apply for particular labour agreements (Designated Area Migration Agreements – DAMAs).
There are also additional requirements for sponsors which are described in each particular visa below.
Types of work visas
There are several subclasses of work visas. Here are described the main ones:
Skilled Employer Sponsored Regional (Provisional) Visa 494
The visa gives you the right to live, work and study in Australia but only in regional areas. The visa is granted for 5 years, with the possibility of applying for permanent residence (visa 191) after 3 years on visa 494. Also, you can add members of your family unit to your visa application.
The visa has the following three streams:
1. Employer Sponsored stream
Requirements for employees:
- you must be under 45.
- You must have a nomination from an approved regional employer
- your occupation must be on a skilled occupations list.
- you must provide evidence that your skills and work experience are suitable for the nominated occupation
- your work experience in the nominated occupation must be full-time and not less than 3 years within the last 5 years
- your English skills must be at the competent level
Visa application fees:
Main applicant – AUD 4115,00
Additional applicant 18 or over – AUD 2060,00
Additional applicant under 18 – AUD 1030,00
Requirements for sponsors:
- Be a Standard Business Sponsor
- Nominate the skilled worker for the occupation on the skilled occupation list
- Cary out LMT (Labor Market Testing) to demonstrate that there is no Australian worker with the skills and experience required for the nominated position
- If the nominee’s salary is under AUD 250000,00 a year, demonstrate that you will pay at least the annual market salary rate
- Prove that the position really exists, that its skills and responsibilities match the skills and functions of the nominated occupation, that it is within the scope of your business activities, that it is full-time and that it will be available not less than 5 years
- Australian sponsors must hire the nominee under a written labor agreement to work only for the sponsor’s business or related entity of the business; overseas sponsors must hire the nominee under a written labor agreement to work for the sponsor’s business only
- Do not demonstrate a discriminative attitude in recruitment practice
- Demonstrate that conditions of work of the overseas employee will be identical to those of Australian employees on the same position and at the same location
Costs for employer:
Nomination fee – nil
SAF levy – AUD 3000,00 for the sponsorship period (if the annual turnover of the business is under 10 million), or AUD 5000,00 for the sponsorship period (if the annual turnover of the business is 10 million or over)
2. Labor Agreement stream
The visa gives you the right to live, work and study in Australia but only in regional areas. The visa is granted for 5 years with a possibility to apply for permanent residence (visa 191) after 3 years on visa 494. Also, you can add members of your family unit to your visa application.
Requirements for employees
- you are under 45, unless another age specified in the Labor Agreement.
- your occupation must be specified in the Labor Agreement (concluded between your employer and the Australian Government).
- you have skills assessment (if this is the condition of Labor Agreement)
- you possess suitable work experience, skills and qualifications that match the nominated occupation
- provide evidence of your employment on a similar position of not less than 3 years within the last 5 years
- your English skills must meet the requirements of the Labor Agreement
Visa application fees:
Main applicant – AUD 4115,00
Additional applicant 18 or over – AUD 2060,00
Additional applicant under 18 – AUD 1030,00
Requirements for sponsors
- meet Australian immigration and workplace relations laws;
- have an ongoing Labor Agreement with the Australian Government
- comply with any nomination requirements specified in the agreement
- the occupation you are nominating must be specified in the agreement as eligible for nomination
Costs for employer:
Nomination fee – Nil
SAF levy – AUD 3000,00 for the sponsorship period (if the annual turnover of the business is under 10 million), or AUD 5000,00 for the sponsorship period (if the annual turnover of the business is 10 million or over)
Temporary Skill Shortage visa (482)
This visa requires nomination for a skilled position from an approved sponsor (in certain cases under the terms of a Labor Agreement). You must have the necessary skills to do the job and possess at least 2 years of relevant experience and necessary English skills. Skills Assessment normally is not required.
The visa has 3 streams:
1. Short-term stream
Under this stream you can live, work and study in Australia for a maximum of 2 years. However, you can extend your stay in Australia by 2 years each time by applying for a new 482 visa (with a new 2-year contract). Although the visa in itself is in the short term stream and doesn’t lead directly to permanent residence, you can use it to apply for permanent residence provided your occupation is in the skilled occupations list of 491/190 visas. Also, this visa gives you an opportunity to add certain family members to your visa application. The visa in this stream is only for occupations in the Short-term Skilled Occupation List (SSOL).
Requirements for employees:
- You have been nominated by your sponsor to work in an occupation specified on short-term skilled occupation list.
- You have 2 or more years of necessary work experience in your nominated occupation or a related field
- You have required English (IELTS overall band score at least 5.0, with the minimum 4.5 in each of the components).
- You have no Australian visa applications refused or visas cancelled while staying in Australia
Visa application fees:
Main applicant – AUD 1290,00
Additional applicant 18 or over – AUD 1290,00
Additional applicant under 18 – AUD 325,00
Requirements for sponsors:
- Be or apply to be a Standard Business Sponsor
- Nominate the skilled worker for the occupation on the skilled occupation list
- Cary out LMT (Labor Market Testing) to demonstrate that there is no Australian citizen or permanent resident with the skills and experience required for the nominated position
- If the nominee’s salary is under AUD 250000,00 a year, demonstrate that it will be at least the annual market salary rate
- Prove that the position is genuine
- The position must be full-time (in certain cases part-time)
- Australian sponsors must hire the nominee under written contract of employment to work only for the sponsor’s business or related entity of the business; overseas sponsors must hire the nominee under written contract of employment to work for the sponsor’s business only
- Do not demonstrate discrimination in recruitment practices
- Demonstrate that the employment conditions of the overseas worker will be equal to those of Australian workers on the same position and at the same location
Costs for employer:
Nomination fee: – AUD 330,00
SAF levy – AUD 1200,00 per year (if the annual turnover of the business is under 10 million), or
AUD 1800,00 per year (if the annual turnover of the business is 10 million or over)
2. Medium-term stream
Under this stream you can live, work and study in Australia for up to 4 years, which differs from a short-term stream visa (issued only for a two year period at a time). Besides, this stream leads you directly to permanent residence, i.e. you can apply for 186 visa after you have been at least 3 out of 4 years on this stream with the same employer. Please, note that Medium-term stream is only for occupations in the Medium and Long Term Strategic Skills List (MLTSSL). Also, when applying for a visa in this stream you can add members of your family unit to your application.
Requirements for employees:
- Be a holder of a substantive visa \ bridging visa of of A, B, C type (for applicants in Australia)
- Be nominated by an employer to work in an occupation specified on Medium and Long-term Strategic Skills List (MLTSSL).
- Provide evidence that you have the necessary skills needed to work on the nominated occupation.
- Provide evidence that you have the necessary work experience to work on the nominated occupation.
- You must have worked for at least 2 years in your nominated occupation (usually as a full-time worker and during the last 5 years, with the work period not necessary to be continuous)
- Possess the following English skills (IELTS: overall band score at least 5.0, with the minimum 5.0 in each of the test components).
Visa application fees:
Main applicant – AUD 2690,00
Additional applicant 18 or over – AUD 2690,00
Additional applicant under 18 – AUD 675,00
Requirements for sponsors:
- Be or apply to be a Standard Business Sponsor
- Nominate the skilled worker for the occupation on the skilled occupations list
- Cary out LMT (Labor Market Testing) to demonstrate that there is no Australian citizen or permanent resident with the skills and experience required for the nominated position
- If the nominee’s salary is under AUD 250000,00 a year, demonstrate that it will be at least the annual market salary rate
- Prove that the position is genuine
- The position must be full-time (in certain cases part-time)
- Australian sponsors must hire the nominee under written contract of employment to work only for the sponsor’s business or related entity of the business; overseas sponsors must hire the nominee under written contract of employment to work for the sponsor’s business only
- Do not demonstrate discrimination in recruitment practices
- Demonstrate that the employment conditions of the overseas worker will be equal to those of Australian workers on the same position and at the same location
Costs for employer:
Nomination Application – AUD 330,00
SAF levy – AUD 1200,00 per year (if the annual turnover of the business is under 10 million), or
AUD 1800,00 per year (if the annual turnover of the business is 10 million or over)
3. Labor agreement stream
Under this stream you can live, work and study in Australia for a maximum of 4 years, the duration of stay depends upon the terms specified in the Labor Agreement. You can extend your stay in Australia for another 4 years if your employer provides you with another nomination. The visa obtained under this Labour Agreement is a Temporary Skill Shortage (TSS) visa, however the agreement can provide a pathway for permanent residence – after you have been minimum 3 out of 4 years on this stream with the same employer you can apply for permanent 186 visa. Labour agreement also, depending on the region where they are in place, sometimes may allow a broader range of occupations, for example the South Australian DAMA (Designated Area Migration Agreement), which even allows the sponsorship of Aged Care and Disability Workers to South Australia. Labour agreements are also unique in that they can provide experience concessions for some occupations (for example, 1 year instead of 2 years that are normally needed for 482 visas), age concessions, English language concessions etc. When applying for the visa in this stream you can add members of your family unit to your application.
Requirements for employees:
- Receive a nomination from an employer to work under a Labour Agreement (formal arrangement between Australian employer and the Australian Government with occupations approved for sponsorship specified in it).
- have minimum 2 years of relevant work experience in your nominated occupation or a related field
- Possess the necessary English skills to work in your nominated occupation which may be specified in the Labor Agreement
Visa application fees:
Main applicant – AUD 2690,00
Additional applicant 18 or over – AUD 2690,00
Additional applicant under 18 – AUD 675,00
Requirements for sponsors:
Have a Labor Agreement with the Commonwealth enabling the approved sponsor to nominate overseas skilled workers. For this you have to demonstrate the need for such skilled labor, that you cannot find such skilled workers on the Australian job market and there is no other standard temporary or permanent visa program to hire overseas workers.
Costs for employer:
Nomination fee – AUD 330,00
SAF levy – AUD 1200,00 per year (if the annual turnover of the business is under 10 million), or
AUD 1800,00 per year (if the annual turnover of the business is 10 million or over)
Employer Nomination Scheme visa (186)
This visa requires nomination for a skilled position from an Australian employer. It has several streams, including:
1. Direct Entry stream
Under this stream you can live, work and study in Australia permanently; have access to Australia’s public health care scheme, Medicare with service at low or no cost; sponsor certain family members to come to Australia.
Requirements for employees:
To be an eligible applicant your occupation must be on the list of skilled occupations. You must possess the necessary skills to do the job, at least 3 years of relevant experience, a positive skills assessment and English skills at a competent level. The additional requirement is to work for the nominating employer for a minimum 2 years.
Visa application fees:
Main applicant – AUD 4115,00
Additional applicant 18 or over – AUD 2060,00
Additional applicant under 18 – AUD 1030,00
Second Installment (for any family member 18 or over) – AUD 4890,00
Requirements for sponsors:
- Demonstrate that their businesses lawful in Australia and actively operated
- If hiring staff to other organizations, the position must be within the sponsor’s business;
- demonstrate a genuine need to hire a foreign skilled worker;
- comply with Australian immigration and workplace relations laws;
- offer a skilled position (full-time, for a period not less than 2 years);
- The employment contract must not limit the nominee’s position to 2 years;
- If the skilled worker’s salary will be under AUD 250000,00 a year, it must be at least the annual market salary rate
- Demonstrate at the time of submission of the application the eligibility of the applicant for any license, registration or membership needed;
- The occupation must be eligible on the skilled occupations list;
Costs for employer:
Nomination fee – AUD 540,00
SAF levy – AUD 3000,00 per year (if the annual turnover of the business is under 10 million), or
AUD 5000,00 per year (if the annual turnover of the business is 10 million or over)
2. Labor Agreement stream
Under this stream you can live, work and study in Australia permanently; have access to Australia’s public health care scheme, Medicare with service at low or no cost; sponsor certain family members to come to Australia.
To be eligible you should be nominated by the employer under a labor agreement. You must possess the necessary skills, experience and English language proficiency specified in the labor agreement. In certain cases skills assessment might be required. The additional requirement is to work for the nominating employer for a minimum 2 years.
Visa application fees:
Main applicant – AUD 4115,00
Additional applicant 18 or over – AUD 2060,00
Additional applicant under 18 – AUD 1030,00
Second Installment (for any family member 18 or over) – AUD 4890,00
Requirements for sponsors:
- comply with Australian immigration and workplace relations laws;
- have a labor agreement with the Australian Government;
- have complied with any nomination requirements specified in the agreement;
- the nominated must be specified in the agreement as eligible for nomination.
Const for employer:
Nomination fee – None (if the position is located in regional Australia)
AUD 540,00 (if the position not located in regional Australia)
SAF levy – AUD 3000,00 per year (if the annual turnover of the business is under 10 million), or
AUD 5000,00 per year (if the annual turnover of the business is 10 million or over)
Temporary activity visa (408)
This visa subclass has several streams, among which the following one is worth mentioning:
Australian Government Endorsed Event Stream
This is a temporary visa which is granted to participate in certain events, supported by the Australian Government. Presently, the only such event is the COVID-19 pandemic. The visa is granted for 12 months to people who work in critical sectors: hospitality, health care, disability, aged care, child care, food processing and agriculture. With this visa you can include in your application your spouse or children if they also stay with you in Australia.
Requirements for applicants:
In order to be eligible for the visa you must:
- currently stay in Australia;
- possess proper health insurance during your stay in Australia;
- demonstrate that you have been employed or have an offer of employment;
- prove that no Australian citizen or permanent resident is available for the position;
- possess a substantive visa that terminates in 90 days or before, or that your last substantive visa terminated 28 days ago or even earlier.
There is no cost for this stream of the visa.
Meeting basic requirements may qualify you for a work visa but does not give you advantages over other applicants in competition for available places on the visa. The quota for each visa is rather limited! It is here that begins the work of a professional migration agent who can help you gain a victory in the visa application competition.
Get in touch with us and we will do our best to help you!