Emerson Migration Law specialists have a wealth of knowledge and expertise in this area and provide assistance and advice to small and large domestic and multi-national corporations.

There are a number of Employer Visa options available. Please click on the link below for more information or contact us to determine which Visa subclass would be suited to your circumstances.

This visa is popular amongst employers wishing to sponsor overseas workers to work in Australia on a temporary basis, up to a period of four years after it is granted.This visa enables employers to address labor shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian locally.

There are 3 processing stages in sponsoring an employee from overseas under subclass 457 visa;

Sponsorship – The Employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 457 visa.
Nomination – The Employer nominates a prospective employee to fill a position they have been unable to fill with Australian citizen/permanent resident workers;
Visa application – The Employee applies to work in the nominated occupation under the subclass 457 visa. This is the final stage to obtaining the subclass 457 visa.

Requirements

You might be eligible to get this visa if;

  • You have been sponsored by an approved business; or
  • You have the required skills to fill a position nominated by an approved business.

Processing time for these type of skilled visas varies between 2-3 months depending on the assessment level.

Employer Nomination Scheme (ENS) Visas are a permanent visa type, which allow skilled workers to travel to, work and live in Australia on a permanent basis. In order to be eligible for this visa, your occupation must appear on the consolidated sponsored occupation list (CSOL) and you must be nominated to fill a position in that occupation by an eligible employer.

This visa is aimed at skilled workers wishing to work and live in Australia.

Requirements

You might be eligible to get this visa if;

  • You have been nominated by an approved Australian employer;
  • Are younger than 50 years of age, unless you are exempt;
  • Meet the skills, qualifications and English language requirements, unless you are exempt; and
  • Apply under the stream for which you are nominated.

Processing times for nominated skilled visas vary between 6-8 months depending on the assessment level.

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia. For the purpose of this Australian work visa ‘regional Australia’ includes all of Australia except for the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.

This visa involves a three step process:

  • Regional Certification Board (RCB) approval;
  • Nomination by an approved Australian employer; and
  • A Subclass 187 visa application by the skilled worker.

Who can qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa?

In order to be eligible for this visa, your business must:

  • Lawfully operate a business in regional Australia;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay at least the market salary rate;
  • Not have any adverse information about your business or someone associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

The visa has three streams:

  • The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation, with their nominating employer who wants to offer them a permanent position in that occupation.
  • The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally qualified in their occupation or have sufficient experience in their occupation to meet the skills requirement for the visa. In the case of trade occupations applicants may need a positive Skills Assessment in their occupation.
  • The Agreement stream is for applicants sponsored by an employer through a labour agreement.

This visa is for people who want to travel to Australia to:

  • Do short-term, highly specialised, non-ongoing work;
  • Participate in non-ongoing cultural or social activities at the invitation of an Australian organisation; or
  • In limited circumstances, participate in an activity or work relating to Australia’s interests.

Requirements

You might be eligible for this visa if you are outside Australia and you:

  • Have specialised skills, knowledge or experience that can assist Australian business;
  • Have been invited to participate in an event by an organisation in Australia, or
  • Are required in Australia for exceptional circumstances of national importance, such as to assist following a natural disaster.

Generally the permitted stay period is up to three months however the department will allow up to six months in limited circumstances if supported by a strong business case.

This visa allows you to come to Australia on a temporary basis to:-

  • Work in a skilled position under a staff exchange arrangement (the Exchange stream);
  • Participate in high-level sports competitions (the Sport stream);
  • Do full-time religious work (the Religious Worker stream);
  • Do full-time domestic work in the household of certain senior foreign executives (the Domestic Worker (Executive) stream).

Requirements

You might be eligible for this visa if you:

  • Are sponsored by an approved sponsor
  • Are nominated to undertake an approved activity
  • Have the skills and experience relevant to the nominated activity.

This visa allows you to

  • Take part in structured workplace-based training to enhance your skills in your current occupation, area of tertiary study, or field of expertise (Occupational Trainee stream);
  • To participate in a professional development training program in Australia after being invited to do so; or
  • To observe or participate in an Australian research project after being invited to do so (Research stream).

This visa has three streams:

Occupational Trainee Stream: for people who need structured workplace-based training to enhance their skills in their current occupation, area of tertiary study, or field of expertise.

Professional Development Stream: for professionals, managers or government officials invited to participate in a professional development training program in Australia. The program must have been arranged by an employer outside Australia and usually lasts up to 18 months.

Research Stream: for professional academics invited to visit Australia to observe or participate in an Australian research project at an Australian tertiary or research institution.

Temporary Work (Skilled) visa (subclass 457)

This visa is popular amongst employers wishing to sponsor overseas workers to work in Australia on a temporary basis, up to a period of four years after it is granted.This visa enables employers to address labor shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian locally.

There are 3 processing stages in sponsoring an employee from overseas under subclass 457 visa;

Sponsorship – The Employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 457 visa.
Nomination – The Employer nominates a prospective employee to fill a position they have been unable to fill with Australian citizen/permanent resident workers;
Visa application – The Employee applies to work in the nominated occupation under the subclass 457 visa. This is the final stage to obtaining the subclass 457 visa.

Requirements

You might be eligible to get this visa if;

  • You have been sponsored by an approved business; or
  • You have the required skills to fill a position nominated by an approved business.

Processing time for these type of skilled visas varies between 2-3 months depending on the assessment level.

Employer Nomination Scheme (subclass 186) Permanent Visa

Employer Nomination Scheme (ENS) Visas are a permanent visa type, which allow skilled workers to travel to, work and live in Australia on a permanent basis. In order to be eligible for this visa, your occupation must appear on the consolidated sponsored occupation list (CSOL) and you must be nominated to fill a position in that occupation by an eligible employer.

This visa is aimed at skilled workers wishing to work and live in Australia.

Requirements

You might be eligible to get this visa if;

  • You have been nominated by an approved Australian employer;
  • Are younger than 50 years of age, unless you are exempt;
  • Meet the skills, qualifications and English language requirements, unless you are exempt; and
  • Apply under the stream for which you are nominated.

Processing times for nominated skilled visas vary between 6-8 months depending on the assessment level.

Regional Sponsored Migration Scheme (Subclass 187)

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia. For the purpose of this Australian work visa ‘regional Australia’ includes all of Australia except for the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.

This visa involves a three step process:

  • Regional Certification Board (RCB) approval;
  • Nomination by an approved Australian employer; and
  • A Subclass 187 visa application by the skilled worker.

Who can qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa?

In order to be eligible for this visa, your business must:

  • Lawfully operate a business in regional Australia;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay at least the market salary rate;
  • Not have any adverse information about your business or someone associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

The visa has three streams:

  • The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation, with their nominating employer who wants to offer them a permanent position in that occupation.
  • The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally qualified in their occupation or have sufficient experience in their occupation to meet the skills requirement for the visa. In the case of trade occupations applicants may need a positive Skills Assessment in their occupation.
  • The Agreement stream is for applicants sponsored by an employer through a labour agreement.
Temporary Work (Short Stay Activity) visas (subclass 400)

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia. For the purpose of this Australian work visa ‘regional Australia’ includes all of Australia except for the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.

This visa involves a three step process:

  • Regional Certification Board (RCB) approval;
  • Nomination by an approved Australian employer; and
  • A Subclass 187 visa application by the skilled worker.

Who can qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa?

In order to be eligible for this visa, your business must:

  • Lawfully operate a business in regional Australia;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay at least the market salary rate;
  • Not have any adverse information about your business or someone associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

The visa has three streams:

  • The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation, with their nominating employer who wants to offer them a permanent position in that occupation.
  • The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally qualified in their occupation or have sufficient experience in their occupation to meet the skills requirement for the visa. In the case of trade occupations applicants may need a positive Skills Assessment in their occupation.
  • The Agreement stream is for applicants sponsored by an employer through a labour agreement.
Temporary Work (Long Stay Activity visas (subclass 401)

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia. For the purpose of this Australian work visa ‘regional Australia’ includes all of Australia except for the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.

This visa involves a three step process:

  • Regional Certification Board (RCB) approval;
  • Nomination by an approved Australian employer; and
  • A Subclass 187 visa application by the skilled worker.

Who can qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa?

In order to be eligible for this visa, your business must:

  • Lawfully operate a business in regional Australia;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay at least the market salary rate;
  • Not have any adverse information about your business or someone associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

The visa has three streams:

  • The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation, with their nominating employer who wants to offer them a permanent position in that occupation.
  • The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally qualified in their occupation or have sufficient experience in their occupation to meet the skills requirement for the visa. In the case of trade occupations applicants may need a positive Skills Assessment in their occupation.
  • The Agreement stream is for applicants sponsored by an employer through a labour agreement.
Training and Research visa (subclass 402)

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia. For the purpose of this Australian work visa ‘regional Australia’ includes all of Australia except for the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne.

This visa involves a three step process:

  • Regional Certification Board (RCB) approval;
  • Nomination by an approved Australian employer; and
  • A Subclass 187 visa application by the skilled worker.

Who can qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa?

In order to be eligible for this visa, your business must:

  • Lawfully operate a business in regional Australia;
  • Have a genuine need to fill a skilled position with a paid employee;
  • Offer a skilled position that is full-time and ongoing for a minimum of 2 years;
  • Pay at least the market salary rate;
  • Not have any adverse information about your business or someone associated with your business; and
  • Comply with workplace relations laws and Australian immigration.

The visa has three streams:

  • The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation, with their nominating employer who wants to offer them a permanent position in that occupation.
  • The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally qualified in their occupation or have sufficient experience in their occupation to meet the skills requirement for the visa. In the case of trade occupations applicants may need a positive Skills Assessment in their occupation.
  • The Agreement stream is for applicants sponsored by an employer through a labour agreement.