Employer-Sponsored Visas

An Employer-Sponsored Visa allows skilled workers to live and work in Australia with the support of an approved Australian employer.

Whether you are seeking temporary or permanent employment, there are several visa options designed to address Australia’s workforce needs. Each visa has specific eligibility requirements, including skills, qualifications, English proficiency, and sponsorship obligations for both the worker and the employer. Understanding the basic framework of these visas can help you prepare your application and ensure that you meet the necessary conditions. Here’s some general information to help you get started.

Subclass 186 - Employer Nomination Scheme (ENS)

The Australian Subclass 186 Employer Nomination Scheme (ENS) visa is a permanent residency visa with three streams, each having specific requirements:

1. Temporary Residence Transition (TRT) Stream

This stream is for applicants who have been working in Australia on a temporary skilled visa (like a Subclass 457 or 482 visa) for their sponsoring employer.

Work Experience: You must have been employed in a full-time position for your sponsoring employer for a total of at least two years in the three years immediately before the nomination and visa application. 
Skills Assessment: A formal skills assessment is generally not required, as your skills and experience are demonstrated through your employment under the temporary visa.
Occupation: The nominated position must be the same as the occupation for which your temporary work visa (457 or 482) was granted. The occupation list (MLTSSL) typically does not apply to this stream.
Age: Generally under 45 at the time of application, unless an exemption applies (e.g., transitional 457 workers, certain high-income earners).
English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent).

2. Direct Entry (DE) Stream

This stream is for applicants who are either applying from outside Australia, or who are in Australia but do not qualify for the TRT stream.

Work Experience: You must have at least three years of relevant, full-time, post-qualification work experience in your nominated occupation.
Skills Assessment: You must have a positive and valid skills assessment for your nominated occupation from the relevant Australian assessing authority.
Occupation: Your nominated occupation must be on the relevant skilled occupation list (the Core Skills Occupation List (CSOL)).
Age: Generally under 45 at the time of application, unless an exemption applies (e.g., certain academics, scientists, or medical practitioners).
English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent).

3. Labour Agreement Stream (including Designated Area Migration Agreement DAMA)

This stream is for applicants sponsored by an employer who has entered into a formal labour agreement (including a Designated Area Migration Agreement, or DAMA) with the Australian government. The requirements for this stream,  including age, English, and skills assessment, are set out in the terms of the specific labour agreement.

Common Requirements for All Streams (unless exempted):

Nomination: You must be nominated by an eligible Australian employer for a genuine full-time position in their business for at least two years.
Salary: The nominated position must pay at least the Annual Market Salary Rate (AMSR) for the occupation, and this must meet or exceed the Temporary Skilled Migration Income Threshold (TSMIT - currently AUD 76,515 per year).
Health and Character: You and all included family members must meet the Australian health and character requirements.
English for Dependants: Adult dependants (18+) who do not have at least Functional English may be required to pay a second visa application charge instalment.

Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) Visa

This is a provisional visa for skilled workers who are sponsored by an employer in a designated regional area of Australia (anywhere outside Sydney, Melbourne, and Brisbane). It provides a pathway to permanent residency via the Subclass 191 visa after three years. Below is an overview of the requirements for this type of visa:

  • Designated Regional Area: The sponsoring employer's position must be located in a designated regional area.
  • Work Experience: You must have at least three years of relevant, full-time, post-qualification work experience in your nominated occupation, generally gained within the last five years.
  • Skills Assessment: A positive and valid skills assessment for your nominated occupation from the relevant Australian assessing authority is required, unless an exemption applies.
  • Occupation: Your nominated occupation must be on the relevant skilled occupation list (a combined list including the Medium and Long-term Strategic Skills List (MLTSSL) and the Regional Occupation List (ROL)).
  • Age: Generally under 45 at the time of application, unless an exemption applies (e.g., certain academics, scientists, medical practitioners, or high-income earners transitioning from a Subclass 482 visa).
  • English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent).
  • Regional Certifying Body (RCB) Advice: The nomination must be accompanied by advice from a relevant RCB confirming the market salary rate and the genuine need for the position in the region.

Subclass 482 (Skills in Demand) Visa

(Note: This visa replaces the Temporary Skill Shortage (TSS) visa, with similar features but updated requirements, and may have multiple streams.) This is a temporary visa allowing skilled workers to work in Australia for their sponsoring employer for a period of up to four years (or up to five years for Hong Kong passport holders).

 

  • Work Experience: You must have at least one year of relevant work experience in the nominated occupation or a closely related field, completed within the last five years. This experience can be full-time, or part-time/casual equivalent to one year full-time.

  • Skills Assessment: May be required for certain occupations or specific classes of applicants, as specified by the Minister.

  • Occupation: The nominated occupation must be on the relevant skilled occupation list (expected to be the Core Skills Occupation List (CSOL), with varying validity periods depending on the occupation list for the specific stream).

  • Age: There is generally no maximum age limit for this temporary visa.

  • English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent) for the Medium-term stream, or Vocational English (e.g., IELTS 5.0 with a minimum of 4.5 in each band or equivalent) for the Short-term stream (requirements may vary between streams).

Subclass 407 (Training) Visa

This is a temporary visa allowing the applicant to participate in structured, workplace-based occupational training to either enhance skills, complete a qualification, or for capacity building overseas.

  • Sponsorship & Nomination: You must be sponsored by an approved Temporary Activities Sponsor and nominated for an occupational training program.
  • Training Plan: The training must be structured, workplace-based, and formally nominated by the sponsor under one of the three training streams:
    • Occupational training required for registration.
    • Occupational training to improve skills in an eligible occupation.
    • Occupational training for capacity building overseas (e.g., overseas qualification, government support, professional development).
  • Work Experience/Qualifications:
    • For the 'skills improvement' stream, you must have at least 12 months of full-time work experience in the nominated occupation (or related field) within the last 24 months, OR a relevant tertiary qualification.
    • For the 'capacity building' stream (overseas qualification component), you must be enrolled in an overseas course and the training must be a mandatory part of the course.
  • Occupation: The nominated occupation must generally be on the relevant Skilled Occupation List, unless training is for 'capacity building overseas' or is government supported.
  • Age: Generally 18 years old or older at the time of visa decision.
  • English: At least Functional English (e.g., overall IELTS 4.5 or equivalent).
  • Genuine Temporary Entrant (GTE): You must genuinely intend to stay temporarily in Australia for the purpose of the occupational training.

Subclass 400 (Temporary Work (Short Stay Specialist)) Visa

This is a temporary visa for people to enter Australia for short-term, highly specialised, non-ongoing work or, in limited circumstances, to participate in an activity relating to Australia's interests.

  • Purpose: The work must be highly specialised and non-ongoing, meaning it is likely to be completed within six months or less, and you are not expected to stay in Australia for work purposes after it is finished.
  • Skills: You must have specialist skills, knowledge, or experience that can assist Australian business and cannot reasonably be found in the Australian labour market.
  • Duration: Generally granted for a stay of up to three months, though up to six months may be considered in limited circumstances with a strong business case. The stay period starts from the date of first entry.
  • Support: You must be invited or supported by an organisation or person in Australia.
  • Work: Work is limited to the specific, non-ongoing activities for which the visa was granted.
  • Dependants: Family members can be included in the application but are not permitted to work or undertake a course of study while in Australia (excluding language training).
  • Age & English: No formal age or English language minimum requirements, though the applicant must have the required skills and knowledge for the specialist work.

Designated Area Migration Agreements (DAMA)

A DAMA is a form of labour agreement, being a formal agreement between the Australian Government and a regional authority that provides access to more overseas workers than the standard skilled migration programs. It is a two-tier framework for the Subclass 482 (Skills in Demand), Subclass 494 (Skilled Employer Sponsored Regional (Provisional)), and in some cases, the Subclass 186 (Employer Nomination Scheme) visas.

  • Mechanism: Employers in a specific designated regional area can apply for a Labour Agreement under the DAMA Head Agreement. The visa is then granted under the Labour Agreement stream of the relevant visa subclass.
  • Occupation: DAMAs have expanded occupation lists that include many occupations not available on the standard skilled lists.
  • Concessions: DAMAs typically provide concessions (flexibility) on standard visa criteria, which are set out in the individual DAMA agreement. These can include:
  • Age: Increased age limit (often up to 50 or 55, depending on the DAMA).
  • English: Lower English language requirements for some occupations (e.g., IELTS 5.0 overall, or sometimes lower for specific skill levels).
  • Salary: Concessions to the standard Temporary Skilled Migration Income Threshold (TSMIT) for certain occupations, provided the market salary rate is met.
  • Work Experience/Skills: Lower work experience or formal qualification requirements for certain occupations (e.g., less than the standard three years for a Subclass 494 visa).
  • Permanent Residency: Most DAMA arrangements include a negotiated, clear pathway to permanent residency for the visa holder via a permanent visa (like the Subclass 191 or 186) after a specified period of working in the designated area (usually 2-3 years).
  • Labour Market Testing: Employers must still demonstrate a genuine attempt to recruit Australians before seeking a DAMA labour agreement.

Frequently Asked Questions

What is the minimum work experience required for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)?

You generally need to demonstrate at least 3 years of full-time work experience in your nominated occupation. This experience must be at the skill level required for the occupation and gained within the last five years. Part-time work equivalent may be considered, but casual work is generally not counted.

Is there an age limit for the new Skills in Demand (SID) visa (subclass 482)?

No, there is no maximum age limit to apply for the temporary Skills in Demand (SID) visa (subclass 482). However, you must generally be under 45 years old to be eligible for the subsequent permanent residency (PR) pathway, the Employer Nomination Scheme (subclass 186), unless specific exemptions apply (e.g., medical practitioners, high-income earners).

Does the Training visa (subclass 407) provide a pathway to permanent residency (PR)?

The Training visa (subclass 407) is a temporary visa and does not directly lead to permanent residency. To stay in Australia permanently, holders of this visa must explore and apply for other suitable skilled or family visa pathways.

Can I extend the Temporary Work (Short Stay Specialist) visa (subclass 400)?

The Subclass 400 visa is for temporary, short-term, highly specialised, and non-ongoing work. It is generally granted for up to 3 months, with a maximum of 6 months in highly justified circumstances. You generally cannot extend this visa from within Australia, and making a subsequent application from offshore may be problematic if the work is deemed "ongoing."

Do Designated Area Migration Agreements (DAMA) offer concessions on standard visa requirements?

Yes. DAMA agreements are a type of Labour Agreement that allow employers in specific regional areas to sponsor workers for certain visas (like the 482 and 494) with concessions. These often include a higher maximum age limit (e.g., under 50 or 55, depending on the DAMA and occupation skill level) and/or lower English language requirements than the standard skilled visas.

What is the English language requirement for the 494 visa?

Applicants for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) must demonstrate Competent English. This generally means an IELTS score of at least 6.0 in each of the four components (or equivalent scores in other accepted English tests like PTE Academic, TOEFL iBT, OET, or Cambridge English: Advanced).

Can I include family members in my skilled visa application?

        Yes, most primary skilled visa applications (e.g., 482, 494, 186) allow you to include eligible family members, such as your spouse or de facto partner and dependent children, in your application. They must also meet the relevant health and character requirements.

        For some temporary visas like the 400, family members can accompany you but generally cannot work or study.

        I have more questions.

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        Disclaimer

        The information provided on this website is for general purposes only. Whilst every effort has been made to ensure accuracy, the content is not, and is not intended to be, legal or immigration advice, and it does not create a solicitor–client relationship with Tern Legal. The information should be treated as a practical guide only. No person should act on the basis of the material on this website without obtaining advice specific to their circumstances and, where necessary, seeking professional assistance.

        Migration law in Australia is subject to ongoing changes in legislation and government policy, and the information provided may not reflect the most up-to-date position. You are encouraged to make your own enquiries as to the accuracy of the information at the time of use. For advice relevant to your situation, please consult a qualified professional. Tern Legal makes no guarantees regarding the outcome or approval of any migration application.

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