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Work Sponsored Visa


457 Visa Subclass

Temporary Work (Skilled)


The 457 visa is open to all nationalities with the right skills matching the employers demand. In 2013 over 110 thousand 457 visa’s were issued. 457 visa holders equate to almost 1% of the total labour market. The subclass 457 visa is a temporary visa for Australia for a period of 1 month to 4 years and allows skilled persons to come to Australia to work for an approved employer, accompanied by their immediate families.

The 457 visa program involves a 3 stage process, whereby an employer is firstly an approved to be a sponsor and then nominates a skilled overseas worker to fill a specific position is the business:

Sponsorship

Employers must:

  • Demonstrate that they are a lawfully operating business
  • Demonstrate skilled position is in need
  • Meet the training benchmark requirements of 2% of payroll or spend 1% of the annual pay role to train Australian citizens in the business.
  • Demonstrate its financial ability to sponsor and state how many employees the business plans to sponsor within 3 years.

Once granted, the business is considered to be a Standard Business Sponsor.

Nomination

Necessary criteria for a valid nomination include:

  • The nominated skilled occupation must be on the Consolidated skilled occupation list (CSOL).
  • The applicant must be paid a base salary of at least the minimum salary level, which, by the temporary skilled migration income threshold (TSMIT), is prescribed at $53,900.
  • The employer must have completed labour market testing, demonstrating that the position was advertised to the Australian labour market but resulted with no success to find a suitable skilled person.

Visa Application

The skilled overseas worker completes the process by lodging the visa to match the first 2 stages applied.

During the application, the visa  applicant must:

  • Have a genuine intention to perform in the nominated occupation
  • Have the necessary skills and experience, meet English requirement level (unless exempt)
  • Have relevant licencing and registration to perform work duties and
  • In some cases, it is required that the applicant have skills assessment depending on the skill level from 1 to 3
  • All applicants (including secondary applicants) must meet identity, health and character requirements

After the application is approved:

  • The sponsored applicant can only work for that employer only
  • Spouses of the sponsored applicant and other working age dependents have full work right during their stay in Australia

What we do

Registered Migration Agents at Study Pro specialize in transitioning students from student visas to 457 visa’s in all industries. We have delivered more than 70% of our students to the 457 visa program using their overseas skills or Australian qualifications to pursue the work visa stream. We have a unique and success preparation program and a team of professional integrity and are uniquely specialized in this field for  such a complicated diligent visa criteria.

Many subclass 457 visa holders go on to settle permanently in Australia. Between 2012 and 2013  69% of 457 visa holders transitioned to the (permanent) Employer nomination scheme subclass visa (ENS) and 31% for the regional sponsored migration scheme (RSMS) visa. Due to the low population considering the size of Australia, the Department of Immigration has created more eligible pathways to permanent residence for temporary skilled visa holders.

186 Visa Subclass

Employer Nomination Sponsorship


The Employer Nomination Scheme (ENS) allows an employer to sponsor a highly skilled worker from overseas for a permanent visa to work in Australia.

ENS Stages

There are two stages to an ENS application:

1. Nomination: involves a review of the business’ operations and the position offered

  • The business must demonstrate that they are:
    • Lawfully operating
    • Able to meet the financial stability requirement to pay the employees
    • Have a strong commitment to train current employees
  • The position must be:
    • From the nominated Consolidated occupation list
    • Full time for at least 3 years with no restrictions for extension in contract

2. Visa application: to qualify, the applicant must be:

  • Less than 50 years of age
  • Meet the prescribed English language criteria of 6.0 IELTS
  • Hold the necessary skills and qualifications for the nominated position
  • Fulfill health and character requirements

Application Pathways

These visas are primarily used for international skilled overseas workers who are offered transitional employment from their temporary 457 visa or direct sponsorship employment.

1. Direct Entry stream – appropriate for applicants who are:

  • In Australia and do not hold a subclass 457; or
  • Have not held a subclass 457 for the last two years; or
  • Applying directly from overseas

For direct entry the main applicant must hold a positive skills assessment from the relevant industry body.

2. Temporary Residence Transition stream – appropriate for applicants who:

  • In Australia and do not hold a subclass 457; or
  • Have worked with their sponsored employer for the last two years; and
  • Will be in full time employment in the same position for at least two years, without any express exclusion of the possibility of renewal.

3. Agreement stream – appropriate for when the employer and the employee has arranged a Labour Agreement

Many subclass 457 visa holders go on to settle permanently in Australia. Between 2012 and 2013  69% of 457 visa holders transitioned to the permanent Employer nomination scheme subclass visa (ENS) and 31% for the regional sponsored migration scheme (RSMS) visa.

What we do

Study Pro specializes in obtaining ENS visa for skilled visa applicants. We have had the opportunity to help many temporary visa holders to successfully obtaining their permanent visa migration without the pitfalls. Our experienced Registered Migration Agents are ready to assist you, no matter what stage of the process you are currently at.

187 Visa Subclass

Regional Sponsored Migration Scheme (RSMS)


The Regional Sponsored Migration Scheme (RSMS) is a permanent employer sponsored visa. This visa enables Australian employers located in the regional areas of Australia to nominate skilled migrants for a permanent visa from outside Australia, or skilled temporary residents who live and work in Australia to fill skill shortages in their business. The governments agenda is to create greater population growth of skilled workers, and help push opportunities for Australian business owners in the regional areas.

Application Pathways

The RSMS has three streams:

  1. Direct Entry stream: this stream requires the position to be certified by a Regional Certifying Body (RCB) located near the operating Business. The nominated applicant will need English level of IELTS 6.0 or equivalent, and may require a skills assessment depending on the position.
  2. Temporary Residence Transition stream: this stream is suitable for subclass 457 visa holders who have worked in Australia for two years, and their employer wants to offer them a permanent position. This stream does not require certification from a RCB. The nominated applicant must demonstrate English level of IELTS 5.0 or equivalent.
  3. Agreements stream: this stream is suitable for people sponsored by an employer through a labour or regional migration agreement.

Eligible regions

The regional areas are determined by postcodes. RSMS postcodes are:

  • The entire Australian Capital Territory
  • The entire Northern Territory
  • The entire Western Australia
  • The entire South Australia
  • The entire Tasmania
  • New South Wales except Sydney, Newcastle and Wollongong
  • Queensland except the Greater Brisbane area and Gold Coast
  • Victoria except Melbourne metropolitan area

Employers can nominate skilled migrants if they can demonstrate they are unable to find suitable people in the local labour market for their skilled vacancy.

Advantages of the RSMS pathway

The requirements for RSMS have less requirements and demand than the other work visa and the governments favoring opportunities in the regional areas. The advantages are:

  • The employer does not need to meet the training benchmark  requirement.
  • Does not have a minimum salary level, however must meet industry awards or pay scale.
  • The visa applicant requires a lower level of skill for the Direct Entry Stream – most applicants do not require a skills assessment, and there is no minimum work experience requirement.
  • There is no Skilled occupation list and It is possible to apply for RSMS in a wider range of occupations.
  • RSMS is the highest priority visa in the skilled migration stream.

What we do

Many subclass 457 visa holders and student visa holders go on to settle permanently in Australia with the RSMS visa. Due to the low population considering the size of Australia the Department has been creating more eligible pathways  to permanent residence for temporary skilled visa holder.

We identify the difficulties employers and overseas nationals have when trying to prepare the RSMS visa. We see many mistakes made that could result in the visa being refused. At Study Pro, our Registered Migration Agents have extensive experience in the preparation and lodgement of RSMS visa, and has a high rate of success.


philip studentPhilip went from Student to RSMS visa.

I Studied a my Masters of computer science and had trouble achieving the right amount of points for skilled migration and failed to obtain a positive skills assessment with ACS, I came to Study pro as a recommendation and fortunately Study pro helped me with success to obtain a positive skills assessment based on Greg Newton’s in depth IT experience and immigration law knowledge.  Study Pro helped me with my new  employer for sponsorship as a systems analyst in Western Australia for a small mining company.

sanjay studentSanjay went from Student to 457 visa

I came to Australia in 2008 with no real goals  and i studied commercial cookery and then advanced diploma of Management.  Study Pro helped me achieve my sponsorship visa in a popular restaurant in Sydney whereby 2 other agents failed. I have nearly reached my 2 years with this employer and i am looking forward to Study pro preparing my ENS permanent visa in March 2014.

MartinMartin went from Student to RSMS Sponsorship

I came to Australia in 2009 and i studied English for 1 year then an Advanced Diploma in Management for 2 years in Gold Coast. Recently in 2013 Study Pro found me a sponsorship in the regional area of Queensland in a retail phone shop. I have just received my Permanent residency as a retail Manager through RSMS. I recently bought my wife to Australia. We both love our new life and wonderful future. Thank you Study Pro in Sydney..

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