There are always work needed from both sides for any employer sponsored visa in Australia.

- Employer Sponsored Visa nomination for employer

- Visa application for employee (main applicant)

As an employer trying to fill a skills shortage in your organisation, the requirements for sponsoring an overseas worker can feel overwhelming sometime. If you do not have a good team who is able to handle it, Work Visa Lawyers is here to help.

As skills shortages continue to get worse rather than better, I hope to set out some of the key steps in any employer sponsorship process to make the system easier to understand. Of course, this short blog could not include every possible requirement and is a starting point only.

We can summarise the “skeleton” of an employer sponsorship program as:

• Standard Business Sponsorship (if required)
• DAR endorsement (if required)
• Labour Agreement negotiation (exclusively for Labour Agreement Stream including DAMA)
• Nomination application (may require Labour Market Testing)
• Visa application stage

Before Diving In

The very first step before jumping in is determining which of the employer sponsorship streams is most appropriate for you and your business.

The most common visa options for employer sponsored visas include:

• Temporary Skills Shortage Visa 482 ( TSS 482 Visa) - This includes Designated Area Migration Agreements (DAMA)
• 186 Employer Nominated Scheme ( Permanent) Visa
• 494 Skilled Employer Sponsored Regional (Provisional) Visa

The main factors for business to decide are:

• The nature of the role you are trying to fill
• How long you need to fill it

If you have already conducted recruitment efforts at this point and located the worker you are looking to sponsor, their age, English language ability, qualifications or years of work experience can influence which programs you are limited to.

The DAMA program is specifically designed to allow sponsorship of workers in areas of key need where the worker may be older or have a lower level of English language ability than is permitted under the other programs.

Labour Market Testing (job ads)

Labour Market Testing is an important part of the Government's systems for “putting Australian workers first”. The requirements have grown more rigid of the last 4 years and have moved further away from modern business practices.

Often the Standard Business Sponsorship is described as the first step of “sponsoring a foreign worker”. However, as Labour Market Testing takes a minimum of 4 weeks to run properly, this is often the first thing you want to do to get your new staff member onboard as soon as possible.

Generally, 3 online ads are the best way to go, one of which being on JobActive. There are requirements to include the salary if the worker will be paid under a certain threshold.

Most DAMA programs currently allow for 2 job ads that have been run in the last 12 months before submitting the linked nomination application.

Labour Market Testing is not required where International Trade Obligations override the Government’s interest in putting Australian workers first.

It is important to note that the 186 visa program does not formally require Labour Market Testing, however, conducting job ads can be a good way to demonstrate that the position being nominated is genuine in the Direct Entry stream.

Standard Business Sponsorship

If you are using the medium-term stream or short-term stream of the 482 visa program, or the employer-sponsored stream of the 494 visa program, your first application to the Department of Home Affairs will be a Standard Business Sponsorship.

This is centred entirely on your business and requires demonstrating that you are lawfully operating a business (two requirements: lawful and operating). The Department will also consider any adverse information and determine whether your business’ track record is suitable for the employer sponsorship program (this can include records of breaches of laws, especially employment laws, insolvency, or untruthfulness).

Designated Area Representative (DAR) endorsement

For the DAMA program, you need the endorsement of the Designated Area Representative (who would have negotiated the DAMA for the area) before you can “negotiate” a Labour Agreement with the federal government.

Requirements for DAR endorsement are thoroughly unique to the local area and the occupation(s) being nominated.

Generally they will require you to demonstrate that you have a business in the local area, a need to use the program, and will also want to check almost all requirements for the business and visa applicant before endorsing.

Labour Agreement negotiation (DAMA and other labour agreements)

Once endorsed by the DAR if required, the business then applies to the federal government to enter into the desired labour agreement.

If successful, the Department of Home Affairs will send you a labour agreement to sign, which might include a range of different terms depending on the particular labour agreement program being used.

Nomination application

For the sponsoring business, the nomination application is the one constant through all programs. Whether you are using the 482, DAMA, 186, 494 or any other employer-sponsored program: no-one escapes the nomination.

While the Standard Business Sponsorship is not related to any particular roles in the business, and the DAR endorsement and labour agreements can set out multiple roles the business is seeking to fill with overseas labour, the nomination identifies one single position and one single person who will be filling that role.

If you have 5 nurses to fill workforce shortages, that means you will be doing 5 nomination applications – one for each of them.

Visa application

Once all above steps have been successful or at least sent to the Department, the worker can submit their visa application.

This is the main stage where the worker’s qualifications, work experience and English language ability, as well as heath and character, are assessed by the Department. If partner and/or children are included in the application, the Department will be checking that they also meet their own requirements.

Applicant skills and English requirements are set, among other reasons, to ensure that foreign workers are able to enter Australia and fill the required skills shortage quickly and effectively.

Once it’s all over (or is it?)

Once you have the visa, the endpoint of all this, it is time for the worker to travel to Australia to join your business.

Once on-staff, it is important that you comply with all the sponsorship obligations. You can read more about sponsorship obligations here. Obligations will vary to some extent between 482, 186, DAMA and 494, but are largely overlapping for the 482 and 494, as well as the DAMA route of accessing those.

Put simply, it’s important to follow through on the range of commitments made to the Government throughout the sponsorship processes discussed above, most obviously paying the worker at least the guaranteed amounts you had set out. The Department can undertake monitoring activities to ensure this is being done.

Sources/further reading:

• https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/learn-about-sponsoring/how-to-sponsor-a-worker
• https://www.workvisalawyers.com.au/services/employer-sponsored-visas/tss-482-visa/tss-482-sponsorship-obligations.html
• https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-market-testing
• https://www.workvisalawyers.com.au/services/employer-sponsored-visas/tss-482-visa/tss-482-nomination-labour-market-testing-lmt.html

Overview of Australian Skilled Migration and the Employer Sponsored 482 Visa Australia

Australia’s migration program is divided into four streams:

• Family
• Special eligibility
• Child
• Skilled migration program – for migrants with skills to boost productivity and fill gaps in Australia’s labour market

In 2020-21, a total of 160,052 visas were granted and the Skill stream comprised 50.7% of those grants. There are different visa types in the Skill stream such as Skilled regional Visa 491 or Skilled Nominated by State Visa 190, but Employer Sponsored Visa program makes up the largest majority (nearly a third) with 23,503 employer sponsored visas granted.

There are a few major streams for Employer Sponsorship program in Australia: 494 Regional Skilled Employer sponsored, Global Talent Visa which might ask a nominator is a company or an Australian organization, or DAMA, just to name a few

However, within the scope of this article, we will be talking about the Temporary Skill Shortage (TSS) 482 visa program 

The Temporary Skill Shortage (TSS) 482 Visa program was designed to address identified skills shortages, allowing businesses to enhance their workforce by sponsoring workers from overseas to live and work in Australia on a temporary 482 visa. 

The 482 Visa Australia is getting more popular and being focused by Australian Government in this financial year ending June 2023 to solve the skills crisis in Australia post-pandemic Covid-19.

According to the migration planning levels announced in April, there are 30,000 places added to Skilled Migration program which has 8,000 more allocations for Employer Sponsored Visas in 2022-2023 Financial year.

The government has also announced the new stream for TSS 482 Short Term Visa holders to be eligible to apply for Australian Permanent Residency 186 Visa.

Even though there are just over 200 occupations each on the Short-Term Skilled Occupation List (STSOL) and Medium and Long-Term Strategic Skills List (MLTSSL) for the TSS 482 Visa program, certain occupations are clearly in greater demand than others.

Get access to 482 Visa Occupation lists here >>

Which Occupations are in high demand for Employer Sponsored Visa Australia?  

According to data collected in 2021, the most popular occupations in the Employer Sponsored Category can be grouped into 4 key sectors:

• Health (Registered Nurse or General Practitioner)
• Finance and Accounting (Accountants )
• IT (Software Engineer) or ICT Business and Systems Analysts
• Trades (Chef and Automotive like Motor Mechanic)

Most of these occupations are classified in the ANZSCO classification guide as Skill Level 1 (the highest level).

Only 2 of the top 10 occupations are Skill Level 2 (Chefs) or Skill Level 3 (Cooks and Motor Mechanics).

Nominations in the Employer Sponsored space appear to be skewed in favour of a level of skills commensurate with a Bachelor degree or higher qualification (or otherwise 5 years+ of relevant experience).

The majority of these occupations most in demand (except for Cooks) all come under the Medium and Long-term Strategic Skills List (MLTSSL) meaning visa holders can be sponsored for up to 4 years with a pathway to permanent residency from the 482 Visa.

It is necessary to make sure your occupation for 482 Visa is listed in MLTSSL so that you may be eligible for Australian PR

Australia’s growing needs in the Information Technology field is reflected in the published statistics. By far the most common occupation group in the Employer Sponsored category is Software and Applications Programmers.

This is followed by Registered Nurses and Accountants, with ICT Business and Systems Analysts and University Lecturers coming close behind.

Employers across Australia have been calling out about their desperate struggles with skills shortages in critical, high-demand sectors. The demand for skilled workers in these key industries is clearly strong, especially in the wake of the COVID-19 pandemic. Half of these occupations can also be found on the Priority Migration Skilled Occupation List (PMSOL), including:

• Accountant (General) (221111)
• Management Accountant (221112)
• Taxation Accountant (221113)
• Civil Engineer (233211)
• Geotechnical Engineer (233212)
• Structural Engineer (233214)
• Transport Engineer (233215)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Medical Practitioners nec (253999)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Analyst Programmer (261311)
• Developer Programmer (261312)
• Software Engineer (261313)
• Software and Applications Programmers nec (261399)
• ICT Security Specialist (262112)
• Chef (351311)

One of the added advantages is the Department of Home Affairs gives priority processing to employer sponsored nomination and visa applications for an occupation on the PMSOL.

These occupations were calculated in the migration report of financial ending 2021 and these are not all the occupations that you can get permanent residency from a TSS 482 Visa.

Moreover, Covid-19 has made a lot of impacts on how the employer sponsored streams go. 

Please be minded that the more popular an occupation is for any migration program, the higher competitiveness you may face against until you meet the eligibility criteria.

Australia: the land of opportunity

A recent look at one of Australia’s popular job recruitment websites revealed more than 10,000 Civil Engineer positions advertised for Civil Engineers, 5000 for Software Engineers, more than 6000 for General Practitioners and an astounding 20,000 advertisements posted for Registered Nurses.

If you have sought-after skills, qualifications and employment background in the IT and health industries, there’s a good chance an Australian employer wants to hire you!

However, choosing the right occupation and work in a great location could be difficult to decide. There are actually many factors to come up with a decision of where to stay and work and what to do.

That is why Work Visa Lawyers are here to help.

If you are skilled workers, Please book an appointment to talk to one of our professional Immigration Lawyers or Registered Migration Agents about the Employer Sponsorship program in Australia.

Australia has been known for exceptional high-quality education and a quality lifestyle, with four of its cities – Adelaide, Perth, Melbourne, and Brisbane being in the top 10 livable cities the world over.

Australia is home to 43 universities, some of them in the world’s top 100 Universities.

Australia is a safe and welcoming country; most students want to settle in Australia and get Australian Permanent Residency.

It is to be mentioned here that only a qualification cannot get a Permanent residency in Australia; you would also need to work in your occupation for a year or two to secure PR options in Australia.  So, you must have a genuine interest in the subject you study, and you are willing to work in the area after completing your study.

Being in the migration industry long enough, we have seen many students push themselves into a course of study for PR purposes, and after a few months, they want to change their major because they did not have any interest in the subject.

To follow the article about “where I should study in Australia ”, international students may be in the middle of career pathway (Big cities with giant organizations and job opportunities to grow) and PR pathway (Regional areas with higher chances of getting permanent residency).

The 2 goals do not normally share the same way for most international students. So which states in Australia are the best for each type?

Click here to read the article >

Before choosing suitable courses to study, we may need to look at some points to understand better how you will get an Australian permanent residency.

There are two most popular visa streams to get Australian PR:

• Skilled Visa (Subclass 189, 190, and 491)
• Employer-Sponsored Visa (Subclass 482, 494, DAMA and 186 Visa)

The standard requirements listed in those streams are:

• Qualification of your study that meets the Australian Qualification Framework (AQF)
• Postive Skill Assessment
• Work experience in nominated occupation
• English and Age requirements

Book an Appointment

Here we discuss a few courses from the Australian Permanent residency point of view.

Here are certain things you should consider about courses that can lead to Permanent Residency in Australia:

• You must complete a minimum of two years of study in Australia, depending on the level or course of study.
• Your study program should be CRICOS
• You should apply for a PSWV (Post Study Work Visa 485) 485 visa or Temporary Graduate Visa 485 within six months of completing your course in Australia.
• You must follow ANZSCO(Australian and New Zealand Standard Classification of Occupations) job descriptions.

There are a few substantial differences between the medium-term stream and the short-term stream of the TSS 482 visa.

At their core, both streams are part of the same temporary, skilled, employer-sponsored visa in Australia.

Many clients have made questions whether there is a pathway of 482 Visa to Permanent Residency.

Yes, even neither stream has an age requirement, but there is an age requirement for the ENS 186 visa that could be accessed via the Temporary Residence Transition stream if you hold a Visa subclass 482 in the medium-stream. This stream is a pathway to PR from 482 visa.

The key differences of are:

• Length of stay in Australia
• English test scores required
• Genuine Temporary Entrant requirement
• Possibility for “renewal”
• Availability of PR pathway (through ENS 186 visa temporary residence transition stream)

The English “exemptions” are the same for both streams (while the test scores required are different, where an “exemption” is not available).

Have a look at this TSS 482 Occupation List to determine which stream you are in.

There are many Employer Sponsored Visas in Australia, 482 Visa is the most popular amongst those. However, each scenarios will fit in each type of Sponsored Visa. 

Please have a look at all Employer Sponsored Visas in Australia here ! Or Click here for arranging an appointment with our Immigration lawyers !

What determines the stream I am in?

With sponsored and skilled work visas, selecting the correct occupation is essential. If the wrong occupation is used, this can lead to refusal of nomination and/or visa application.

For TSS 482 visa, it is important this occupation is consistently used all the way through Labour Market Testing, nomination application, contract, visa application, work experience, skills assessment (if required).

For the TSS subclass 482 visa, you are in either the medium-term stream or the short-term stream based on your occupation. If your occupation is on the MLTSSL, then you would be in the medium-term stream. If your occupation is on the STSOL, then you would be in the short-term stream. Some occupations are on the regional-occupation list (ROL) , which has some perks of the medium-term stream (4-year visa) with some of the drawbacks of the short-term (not eligible for the 186 PR pathway).

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