Help with applying for a visa: Contact us on (02) 8268 4000 for expert advice, preferably well ahead of the expiry of any current visa.
An Accredited Specialist in Immigration Law (as certified by the Law Society of New South Wales) leads our team of migration lawyers and agents.
Craddock Murray Neumann is a law firm that - unlike migration agents who are not lawyers - can also assist with applications to the Federal Court if a visa application is unsuccessful.
Often the easiest way to bring people into Australia is through an employer sponsorship, which involves an Australian employer supporting the visa application.
Four visa options are available to employers who want to obtain a visa for a non-Australian citizen/permanent resident:
1. a subclass 457 visa;
2. a Employer Nomination Scheme (“ENS”) visa;
3. a Regional Sponsored Migration Scheme (“RSMS”) visa; and
4. a subclass 456 visa / Electronic Travel Authority (Business) visa
Subclass 457 visa
The subclass 457 visa is used to engage people in prescribed occupations for up to 4 years, quickly and relatively cheaply.
Before a company can employ a person on a subclass 457 visa, they must obtain approval as a “standard business sponsor”. The employer must prove:
- the training benchmarks – spend the equivalent of 1% of payroll on training;
- have a viable business; and
- accept the obligations that come with being a standard business sponsor.
The employer must also prove that the overseas worker will be employed:
- in a prescribed occupation;
- on conditions that are no less favorable than an equivalent Australian worker would be employed; and
- in an occupation where the usual rate of pay is more than $49,330.
The visa applicant must prove that they have:
- a certain level of education and experience – this varies from occupation to occupation;
- good English language ability; and
- the necessary licence or permit to carry out the work in Australia
Employer Nomination Scheme (“ENS”) visa
This is a permanent residence visa that can be used where the employee has particular skills or qualifications. It is similar to the subclass 457 visa; however, there are a number of important differences, including:
- the employer only needs to demonstrate a commitment to training; there are no training benchmarks;
- the employer agrees to employe the worker for at least 3 years;
- the minimum wage is easier to determine than it is for a subclass 457 visa holder;
- the employee must be less than 45 years of age and have functional English unless the appointment is exceptional;
- the employee must have their skills positively assessed by the prescribed assessing authority or have the necessary experience;
- the employer will not owe obligations in the same way that it would as an approved business sponsor.
With the ENS visa, the employer must decide whether the benefit of not owing obligations sponsoring an employee on a subclass 457 visa and the simplicity of minimum wage requirements outweigh the increased application fees and longer processing times.
Regional Sponsored Migration Scheme (“RSMS”) visa
The RSMS visa is a permanent residence visa which is available only if the employee will work in a regional area of Australia and the application is supported by the relevant regional authority.
The government has relaxed the rules for RSMS applicants to encourage the placement of skilled workers into regional areas. For example:
- there is no need for the employer to satisfy the training requirement;
- the position needs only be available for two years (full time);
- the employee does not have to possess the same level of skills as is required for the ENS visa;
- the minimum wage requirements are just those that exist for Australian employees; and
- the required English language skills for the employee are less than those that are required to be granted an ENS visa.
Subclass 456 visa / Business Electronic Travel Authority
These visas can be granted very quickly and with little expense. The downside is that the employee is generally not able to work in Australia and the visa is only granted for 3 months. These visas are usually only suitable where a person is travelling to Australia for a conference or to carry out highly-specialised, short term work.
Things to remember
There are pros and cons for each visa. For example:
- the 457 visa can usually be obtained quickly, however potentially costly obligations are imposed on the employer.
- the ENS visa can take a number of months to be granted while rigorous checks of the visa applicant’s credentials are carried out, however no obligations are imposed on the employer.
- significant concessions are made in favour of both employers and employees who apply for an RSMS visa; however this visa can take a number of months to obtain and is only available to employers operating in regional areas.
Warning: this page states the law as at 15.12.11. The law is complex. The law may have changed when you read this page. Contact us to confirm your rights.