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Working visas

Employer-Sponsored visas allow visa holders to temporarily or permanently to live and work in Australia. The main condition for obtaining a work visa is the sponsorship/application of an employer interested in a particular foreign specialist.

TSS 482 Visa (Temporary Skill Shortage Visa)

From 18 March 2018, the 457 visa was abolished and replaced with the new TSS visa (Subclass 482).

TSS 482 visa enables employers to address labour shortages by hiring skilled workers where they cannot find appropriately skilled Australian residents or citizens. It facilitates the employment of foreign workers to address temporary skill shortages while ensuring that Australian workers get priority.

Designated Area Migration Agreement (DAMA) Program

This program is implemented on the basis of the Temporary Skill Shortage Visa (TSS 482) and is aimed primarily to reduce the shortage of specialists with certain qualifications in a particular area of regional Australia. The DAMA The program operates under an agreement between the Australian Federal Government through the Australian Department of Home Affairs (DoHA) and the state or territory governments. Employers whose business is located in such regions can sponsor foreign specialists for a Temporary Skill Shortage Visa (TSS 482) in a simplified manner. Reduced English proficiency and qualification requirements are offered for all DAMA applicants.

The opportunity of shifting from a temporary work visa to a permanent work visa remains open. There is currently no agreement with the Australian federal government to facilitate DAMA’s transition to a permanent (permanent) visa. It is assumed that for these purposes the existing procedure for the transition from a temporary work TSS 482 visa to permanent residence Subclass 191 should be applied. That is, the current employer must sponsor a permanent work visa.

TSS 482 visa holders can work in Australia in their nominated occupation and may have a pathway to permanent residency, provided that they can meet requirements for that.

The TSS 482 visa is comprised of three streams:

  • Short-term stream

The nominated specialty must be from the STSOL list;
Applicants must show that they intend to enter Australia temporarily;
Visa validity is one or two years (unless an international trade obligation applies);
Visa can only be renewed once in Australia.

  • Medium-term stream

The nominated specialty must be from the MLTSSL list;
The requirement for a higher level of English applies compared to the short-term stream;
Visa validity is for a period of 1, 2, 3 or 4 years;
The visa can be extended. A new nomination must be approved;
Applicants are eligible for permanent employer-sponsored work visa options.

  • Labour Agreement stream

Intended for applicants who have been sponsored by employers under corporate labor agreements approved by the Department of Home Affairs of Australia (DoHA). Labour agreements are developed between the Australian Government (represented by the Department) and employers. For this stream, the requirements for seniority and English could be weaker than for other streams, subject to the agreement.

The employer chooses the stream, depending on the needs and specifics of the business activity.

The TSS 482 visa involves a three-step process:

  • Step 1: a sponsorship application by the employer (the employer needs to be a lawful, active, operating business, and meet local labour and employment practices).
  • Step 2: The second part of the application process is the nomination application. This is regarding the position to be filled, salary details, efforts to hire Australian workers, and the ‘genuineness’ of the position. The business must also be viable to sponsor from overseas.
  • Step 3: a visa application by the nominated employee. The visa applicant must demonstrate that they meet the skills required for their occupation as well as health and character requirements.

Requirements to the visa applicant:

  • The applicant must be nominated to work in an occupation on the list of eligible medium and long-term skilled occupations;
  • Have at least two (2) years of relevant work experience in your nominated occupation or a related field;
  • Have a relevant skills assessment if this is required for your occupation;
  • Work only for the sponsor or associated entity, unless you are exempt;
  • Meet minimum standards of English language proficiency;
  • Meet character requirements;
  • Meet health requirements;
  • Have no debt to the Australian government.

Employer Nomination visa (Class EN) (Subclass 186)

This is a permanent residency visa for skilled workers, who are nominated by their employer to live and work in Australia permanently.
This visa provides the opportunity to:

  • stay permanently;
  • work and study anywhere in Australia;
  • sponsor eligible relatives for permanent residence;
  • apply for Australian citizenship, if eligible.

This visa has three streams:

  • Direct Entry — for the applicants without Australian work experience and not previous holders of Employer-Sponsored Provisional visas during the last two years.
  • Temporary Residence Transition — Employer-Sponsored Provisional, for the applicants who hold a 457, TSS, or related Bridging visa A, B, C and worked for their employer at least three full years on a condition that the employer is willing to nominate the permanent position.
  • Agreement stream— Intended for applicants who have been sponsored by employers under corporate labor agreements approved by the Department of Home Affairs of Australia (DoHA). Labour agreements are developed between the Australian Government (represented by the Department) and employers.

Subclass 494 Skilled Employer Sponsored Regional

Substituting the current 187 visa (RSMS Direct Entry stream) and commenced November 16, 2019. This visa is a part of a new Regional Migration scheme proposed by the Australian government. This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker.
This visa requires employer sponsorship and the position must be likely to exist for 5 years. It has a 45 year age limit (exemptions apply), competent English, RCB advice and must meet the AMSR. Visa applicants must have a suitable skills assessment and at least 3 years’ skilled employment.

This visa has two streams:

Employer Sponsored stream:

  • The applicant must be nominated to work in occupation from Medium and Long‑term Strategic Skills List;
  • Have at least three (3) years of relevant work experience in your nominated occupation;
  • Have a relevant skills assessment, unless an exemption applies;
  • The position must be full time and likely be available for 5 years;
  • Work only for your sponsor or associated entity, unless an exemption applies;
  • Employer will need approval from the Regional Certifying Body (RCB);
  • The employer must pay the Australian Market Salary Rate (AMSR);
  • Must live and work for 3 years on the 494 visa in regional areas to get Permanent Residence (Skilled Regional) 191 Visa;
  • Can move between jobs but will have 90 days to find a new nominator;
  • Cannot apply for any other skilled PR or Subclass 820 Partner visa for 3 years
  • Eligible for Medicare on 494 visa – Health insurance not required;
  • Be under 45 years of age, unless an exemption applies;
  • Meet minimum standards of English language proficiency (IELTS 6666);
  • Meet health requirements;
  • Have no debt to the Australian government.

Labour Agreement stream:

  • Intended for applicants who have been sponsored by employers under corporate labor agreements approved by the Department of Home Affairs of Australia (DoHA). Labour agreements are developed between the Australian Government (represented by the Department) and employers. For this stream, the requirements for seniority and English could be weaker than for other streams, subject to the agreement.
  • Meet character requirements;
  • Meet health requirements;
  • Have no debt to the Australian government.

The visa is issued for a period of five years. Upon receiving this visa, the applicant must start work within 90 days from the date of the visa grant and, if it is necessary to change the employer, only 90 days are provided to find a new employer who must obtain a nomination.

The holder of this visa, after three years of work residence in regional Australia with a salary of at least AU $ 53,900, can apply for permanent residence visa Subclass 191.

All fees are in Australian dollars and are for my professional immigration services only. Any disbursements or miscellaneous expenses incurred that are associated with the migration process (e.g. visa application charges, translation costs, etc.) are not included. For those who are interested, the range of average fees for professional services, charged by registered migration agents is available on the MARA web site.

Please note these fees do not include visa application charges payable to the Department of Home Affairs (DHA) and cover only visa application-related services.

In the case of selecting a Licensed Australian Migration Agent, you are primarily guided by the question of the cost of services, I will match or better any genuine offer made to you in writing by another migration agent, provided that it does not contradict the legislation of Australia.

Employer Nomination (Class EN) Employer

  • Nomination Scheme (Subclass 186) visa – contact us;
  • Regional Employer Nomination (Class RN) Regional Sponsored Migration Scheme (Subclass 191) (From November 2022) visa – contact us;

Temporary Work Visa Sponsored by an Australian Employer:

  • In the absence of sponsorship by the employer – contact us;
  • If there is a sponsorship right by the employer – contact us;
  • Additional applicant accompanying the main applicant for permanent residence or temporary work visa – contact us.

Immigration Services for the permanent or temporary working visas include:

  • Comprehensive ongoing and personalized advice, provision of information, and documentation on all aspects of the visa application process;
  • Assistance with preparation of all necessary documents for the Australian or overseas business and visa applicant;
  • Business sponsorship and nomination eligibility evaluation of the Australian or overseas business;
  • Assistance to the business with Training Bench Mark and Market Salary Rate requirements;
  • Preparation and submission of a Standard business sponsorship application on behalf of the Australian or overseas businesses;
  • Preparation and submission of a nomination application on behalf of the Australian or overseas businesses;
  • Preparation and submission of a skill assessment application, along with the required documents and forms on behalf of the client to the skills assessment bodies of Australia, representing clients in these organizations;
  • Certification of copies of documents, subject to the inspection of the originals by the Registered Migration Agent;
  • Payment of the application fees and charges on behalf of the client;
  • Preparation and submission of a visa application to the Department of Home Affairs (DoHA) and ongoing representation of interests of the client there.

Additional services for the permanent or temporary working visas that are provided for an extra charge or by third parties include:

  • Translation of the documents by a NAATI accredited translator. It is possible to use alternatives to the NAATI translations as long as they are accordingly certified. Though such translations may not be accepted by the Australian Post Office when applying for the Australian Passport. Please discuss fees for the translations directly with NAATI accredited translators. An average cost of all translations required for a visa application ranges between AU$200.00 to AU$1,500.00.
  • Assistance with Syllabus for Accounting qualifications skills assessments;
  • Comprehensive submissions writing for extremely complex cases.

If you require any further information regarding Australian working visas, need help in obtaining them, or need assistance with any other matters related to immigration to Australia, please book an interview.

This page provides summary information on June 20, 2024. Australian immigration law is complex and it changes on a regular basis. If you have any additional questions or require further clarification, please, do not hesitate and contact me regarding this matter and, if appropriate, to arrange a mutually convenient time for an appointment.

Respectfully,
Australian Registered Migration Agent
Viktor Ovcharenko
MARN 0964258

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Respectfully,
Australian Registered Migration Agent
Viktor Ovcharenko MARN 0964258

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