Sponsored Work Visas

Temporary Business Sponsorship Visa (subclass 457)
The Temporary Business Sponsorship visa is regularly used by Australian and overseas employers to sponsor employees to work in Australia. To sponsor employees, the business must apply for standard business sponsorship approval and once approved proceed to nominate employees to work in their business.

About This Visa

The Temporary Business Sponsorship visa (457) is regularly used by Australian and overseas employers to sponsor employees to work in Australia. To sponsor employees, the business must apply for standard business sponsorship approval and once approved proceed to nominate employees to work in their business.

Sponsorship approval is for 3 years in most cases but may be less if the business has been trading for less than 12 months.  This visa also allows employees to bring their families to work or study in Australia as well as travel to and from Australia if the sponsored family member still works for their employer.

Sponsorship

The sponsor must show that:

  • The business is lawfully operating either in or out of Australia;
  • The business is financially viable and can meet its sponsorship obligations; and
  • The business satisfies the training benchmarks, or if trading less than 12 months, has an auditable plan to meet training benchmarks.

Nomination

The nominator must show that:

  • The nominated occupation is on the Consolidated Sponsored Occupations List (CSOL);
  • The applicant is to be paid a base salary of at least the TSMIT;
  • The guaranteed base salary is at or above the market rate and that the terms and conditions of the employment are no less favourable than for an Australian employee working in the same or similar position.

Visa Application:

Once the nomination is lodged, the 457 may be lodged. To succeed the applicant must show:

  • That they have the necessary skills, qualifications and work experience (if applicable) to perform the role.
  • That they have the 457 English language requirements.
  • That they meet the health criterion for the visa and hold suitable health insurance.

Conditions

The 457 visa will have condition 8107 work restriction attached to it which limits visa holders to working only for their sponsoring employer in the nominated position.

To change occupations or employers a new nomination must be lodged and approved before they can lawfully change employment. Current DIBP policy gives 90 days grace to find a new sponsor after ceasing employment.

How can Aston Legal help you?

The Temporary Business Sponsorship (457) visa can be refused for several reasons. Temporary Business Sponsorship (457) visa applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Employer Nomination Scheme (subclass 186)
The Employer Nomination Scheme visa provides skilled workers sponsored by an Australian employer permanent residence.

About This Visa

This visa provides skilled workers sponsored by an Australian employer permanent residence.

There are two stages to the application process:

  1. The employer must nominate the employee for permanent residence; and
  2. Once lodged, the employee must apply for the Employer Nomination Scheme (subclass 186) visa.

Note: Temporary Business Sponsorship (subclass 457) visa holders often acquire permanent residence via the Employer Nomination Scheme (subclass 186) transitional pathway.

Who can apply?

Applicants must:

  • Be under the age of 50 unless they qualify for an exemption;
  • Possess the required skills and qualifications you have been nominated for;
  • Possess the required English language skills unless they qualify for an exemption; and
  • Meet the necessary health and character requirements.

There are 3 pathways to attaining an Employer Nomination Scheme (subclass 186) visa:

Temporary Residence Transition

  • No skills assessment is required as applicants must have already worked with their Australian employer for at least 2 years on a Temporary Business Sponsorship (subclass 457) visa.
  • IELTS 5 in each of the 4 bands is required unless an exemption applies.

The Direct Entry Stream

  • Applicants must have 3 years of relevant work experience and a formal skills assessment for the nominated occupation.
  • IELTS 6 is required as the English language skill level.

The Agreement Stream

  • Requires the employer to have a Labour Agreement.

How can Aston Legal help you?

Employer Nomination Scheme (subclass 186) visas can be refused for several reasons. Employer Nomination Scheme (subclass 186) visa applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Regional Sponsored Migration Scheme (subclass 187)
The Regional Sponsored Migration Scheme (subclass 187) is a permanent visa for people who have an offer of employment of at least 2 years in regional Australia.

About This Visa

This is a permanent visa for people who have an offer of employment of at least 2 years in regional Australia.

The following requirements must be met before a subclass 187 visa can be issued:

  • Regional certification: The applicant’s employer must apply for certification from a designated regional body for the nominated position.
  • Nomination: When certification has been given, the applicant’s employer must apply to the DIBP for approval to nominate the specified position they want the employee to work in.

There are 3 pathways to attaining an Employer Nomination Scheme (subclass 187) visa:

Temporary Residence Transition

  • No skills assessment is required as applicants must have already worked with their Australian employer for at least 2 years on a Temporary Business Sponsorship (subclass 457) visa.
  • IELTS 5 in each of the 4 bands is required unless an exemption applies.

The Direct Entry Stream

  • Applicants must have 3 years of relevant work experience and a formal skills assessment for the nominated occupation.
  • IELTS 6 is required as the English language skill level.

The Agreement Stream

  • Requires the employer to have a Labour Agreement.

Who Can Apply?

Applicants must:

  • Be under the age of 50 unless an exception applies;
  • Meet the applicable stream requirements;
  • Apply for a visa within 6 months of nomination approval; and
  • Meet the necessary health and character requirements.

Regional Locations

The following areas have been designated ‘regional Australia by the DBIP for the purposes of RSMS sponsorship:

  • New South Wales except Sydney, Newcastle and Wollongong
  • Queensland except Brisbane
  • Victoria except Melbourne
  • The ACT
  • Tasmania
  • South Australia
  • Western Australia
  • The Northern Territory

How can Aston Legal help you?

The Regional Sponsored Migration Scheme (subclass 187) has strict criteria which all must be met.  It is essential that both the individual and the visa application are assessed, structured and lodged in a way to satisfy all applicable DIBP law and policy. Visa applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au