Employer sponsored visas are a great way to attract skilled workers to fill positions in your workforce that you are unable to fill locally.
Depending on your requirements, you may be able to sponsor workers on either a temporary visa or permanent visa. The following list shows a very brief outline of the current visa options so if you think any of them might suit your needs you must check the Department of Immigration and Citizenship (DIAC website):
- for the most up to date information;
- how each visa works;
- eligibility requirements;
- your obligations;
- the workers obligations; and
- how to apply.
Eligibility requirements
Eligibility requirements and criteria differ widely from visa to visa but generally speaking the applicant worker must have the following:
a proficiency in the English language;
- be in good health;
- be of good character;
- in many cases, have their skills assessed or possess relevant
- qualifications to the position; and
- meet any age restrictions.
The DIAC website details the eligibility requirements for each visa program and should be read in conjunction with all other information relating to the same visa.
Temporary visas
Business (long stay) visa (subclass 457)
This is the most commonly used visa used by employers and allows employees to work in Australia for up to four years. They may also be able to bring in eligible family members. The occupation must be on the list of approved occupations which can be found here.
To find out how this visa works, requirements for eligibility, obligations on you as the employer and the worker, as well as how to apply, go the DIAC website.
Labour Agreements
Labour Agreements are an instrument that may allow an employer to sponsor a worker for a 457 visa (see above) where they would not normally meet the 457 visa criteria.
Permanent visas are also possible under the agreement.
This visa may be suitable for employers where occupations are not on any of the other occupation lists but there is a genuine skill shortage or the occupation does not exist on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) list. It may also be available where a business recruits or hires labour to supply to another organisation.
If you think this visa might suit your requirements, check the full details about eligibility, obligations and how to apply on the DIAC website.
Summary table
| Business (long stay) subclass 457 |
Employers who need to fill temporary skilled positions in Australia for Australian and overseas companies
|
one day to four years |
Must be an eligible sponsor
Have an eligible nominated occupation
Have an eligible nominated employee |
Available on the Comlaw website
|
| Labour Agreements |
Employers where occupation is not on ANZSCO or other list or where a business recruits or hires labour to supply to another organisation. |
Up to four years for a 457 visa. Permanent visas can also be granted. |
Employer must request access to a labour agreement and then negotiate the agreement with the Australian Government |
No list.
Occupations must be negotiated with DIAC on a case by case basis. |
Permanent visas
Employer Nomination Scheme (ENS) – subclass 121/856
If you are looking for highly skilled workers this program may meet your requirements. You must be able to provide full time permanent employment for at least three years to workers you recruit either from overseas or who are already in Australia on a temporary visa. Workers that you sponsor may be granted permanent residence in Australia along with their dependent family members.
The occupation/position you are trying to fill must be listed on the Employer Nomination Scheme Occupation List (ENSOL) which can be found here.
Visit the DIAC website to get full details about how the visa works; eligibility requirements and obligations for you and your potential workers.
Regional Sponsored Migration Scheme – subclass 119/857
If you are an employer in a regional area of Western Australia and find it difficult to recruit highly skilled workers then this scheme may be suitable for your needs. It allows you to sponsor highly skilled workers from overseas or who are already in Australia on a temporary visa for a period of at least two years. Workers that you sponsor may be granted permanent residence in Australia along with their dependent family members.
The position/occupation you are looking to fill must be approved by the relevant Regional Certifying Body (RCB). A list of RCBs can be found on DIAC’s website here.
Once the RCB has approved the position, the nomination of the position must then be approved by DIAC. This canbe done prior to, or at the same time that the application is lodged.
Your RCB can help you through the approval and nomination process, however you can also find a step by step guide on the DIAC website. Eligibility requirements, obligations for you and your employees as well as how to apply can also be found there.
Summary table
| Employer Nomination Scheme (ENS) – subclass 121/856 |
Employers looking to recruit full time permanent employees for at least three years. |
The nomination of a position must be approved before the visa can be granted. |
Employer Nomination Scheme Occupation List (ENSOL).
|
| Regional Skilled Migration Scheme (subclass 119/857) |
Employers in regional areas looking to recruit highly skilled workers. |
Occupation must be certified by a Regional Certifying Body (RCB) prior to application. |
No list but occupation must be certified by a Regional Certifying body. |
Other visa options
The options listed above are employer sponsored visas. If the person you are looking to employ does not qualify for any of the pathways listed above, there may be other ways for them to migrate to Australia.
The Department of Immigration and Citizenship (DIAC) website has a visa eligibility wizard that shows a range of visas that may be available to your potential worker. It does not contain all the possible visas so searching the website for other visa options or talking to a migration agent could be helpful.
If you choose to use a migration agent, you should use an agent that is registered with the Office of the Migration Agents Registration Authority (MARA). Details of agents registered with MARA can be found on their website along with information about costs and what to expect from an agent.