Temporary Skill Shortage visa (subclass 482)

The Subclass 482 Temporary Skill Shortage (TSS) visa replaced the Subclass 457 in March 2018. This visa subclass permits an outsider to live in Australia while giving him full-time working on rights. As an eligible applicant for the TSS visa, you may include dependent family members in your application. If you are running a business and want to address a labour shortage at your workspace, the TSS Visa enables you to bring in genuinely skilled workers from overseas where you cannot hire an appropriately skilled Australian. It facilitates the targeted use of overseas workers to address temporary skill shortages while ensuring that Australian workers are given high priority.

TSS visa holders need to work in their nominated occupation, but have the allowance of working under their approved sponsor under one of three streams:
● the Short-Term stream
● the Medium-Term stream
● the Labour Agreement stream

Eligibility Criteria

● You might be able to get this visa, as an overseas worker, if you have been nominated for a position by an approved sponsor.
● You should be able to meet English language requirements.
● You are required to have a job offer, with a two years relevant work experience in the last 5 years.
● You should be able to meet health and character requirements.
● If you’re in Australia while filing your application, you must hold a substantive visa – Bridging A, Bridging B) or Bridging C to stay in Australia as a legal entrant.
● There is no age limit for the TSS visa however, age is a bar when you’re applying for a Permanent Residency. If you are granted a visa in an MLTSSL occupation and intend to apply for permanent residency after two years of working for the same sponsor, you will need to be under 45 at the time of lodging your application.

Length of stay

With this visa, a person can stay in Australia for one to four years, depending on his nominated occupation, visa stream, and circumstances.

Employer Nomination Scheme (subclass 186)

The Employer Nomination Scheme (ENS) Subclass 186 has been framed to assist Australian employers in nominating highly skilled overseas workers to handle specialized functions which cannot be managed by the Australian labor or require more than the employer’s personal training programs. This scheme allows the immigrant to work on a full-time basis for a period of at least 3 years. The positions must correspond to the occupations mentioned on the ENS List of Occupations, and the employers must pay at least the minimum salary specified for the occupation in the government notice.

The ENS consists of 2 distinct stages

The ENS consists of 2 distinct stages
Stage 1 – Nomination by an employer

Stage 2 – Nominee’s application for a visa.

 

The ENS List of Occupations is a list of skilled occupations, detailed on a government Gazette Notice. The major occupational groups in this category are:
● Managers and Administrators
● Professionals
● Associate Professionals
● Tradespersons

Prerequisites for Nomination of an employee by an Employer
The procedure of nomination is based on a certain set of rules. To nominate a position under the Employer Nomination Scheme the employer must:

● Be actively and legitimately operating in Australia
● Genuinely need a paid employee from overseas to fill a position in his business
● Have a satisfactory record of compliance with immigration law and workplace relations law
● Fulfill his commitment to training existing Australian employees
● Must be providing the immigrant with a full-time position of at least 3 years
● The job must be in accordance with the standards for working conditions provided under Australian industrial laws
● The position must correspond to an occupation on the ENS List of Occupations
● The position must attract a base salary that is at least the minimum salary stated in a government Gazette Notice for the occupation

Prerequisites for filing a Nominee's Application
If you are aspiring for a permanent residence under the Employer Nomination Scheme 186, you must:

● Be nominated by an Australian employer to fill a position that meets the nomination requirements
● Under the age of 45 years
● Be able to converse in English language
● Meet health and character requirements
● You must have the necessary skills and qualifications required for the job you’re applying for

Types of streams for the Employer Nomination scheme 186 - Direct Entry stream
The Direct Entry Stream allows skilled workers, who are nominated by an employer, to live and work in Australia for an indefinite amount of time. There are certain conditions that you need to follow to be able to obtain the ENS visa under the Direct Entry Stream.

● you must be nominated by an Australian employer
● your occupation must be on the relevant list of eligible skilled occupations.
● you must have at least Competent English Processing Time
● 75% of applications: 16 months
● 90% of applications: 19 months

Labour agreement stream
The Labour Agreement Stream welcomes skilled workers, who are nominated by their employer, to come to Australia and live and work here for an indefinite amount of time. The Labour Agreement stream is for you if you work for an employer who is party to a labour agreement. Processing Time The processing time cannot be determined because of low volume of applications
Processing Time
The processing time cannot be determined because of low volume of applications
Temporary Residence Transition stream
The Temporary Residence Transition Stream allows skilled workers, who are nominated by their employer, to live and work in Australia on a permanent basis, if they adhere to the following conditions.

● You must hold a 457, TSS or a valid bridging visa A, B or C
● You must have worked as a full-time employee for your employer for a period of at least three years
● You must be nominated by your employer

Regional Sponsored Migration Scheme visa (subclass 187)

The Regional Sponsored Migration Scheme Visa 187 allows employers with businesses in low population growth areas or regional areas of Australia to nominate a skilled worker from overseas for performing some specialized functions.

The different application stages of the RSMS visa 187 are:

1. RCB Certification: Under this category, the Regional Certifying Body ensures that the position the worker is nominated for is genuine and legitimate. In many cases, it is required that the position should be advertised.

2. Nomination: Under this category, the business and the position, the worker is nominated for, is reviewed by the Department of Immigration

3. Visa application: There are three pathways, and generally the skill level is lower than for the ENS program. Applicants must be aged under 50, unless there are any exceptional circumstances in the scenario.

There are 3 Application Pathways to obtaining this visa. These are as follows:

Direct entry stream

Under this category, a skilled worker, nominated by an employer, can live and work in Australia on permanent basis. If you want to apply under this stream, you have to meet a certain criterion, which is

as follows:
● you must be nominated by an Australian employer
● you will work for your nominating employer in regional Australia
● your occupation must be on the relevant list of eligible skilled occupations
● you must have at least Competent English

 

Processing Time
● 75% of applications: 21 months
● 90% of applications: 23 months

Temporary Residence Transition stream

This visa lets skilled workers, nominated to work in regional Australia, remain in Australia for an indefinite amount of time. The conditions that you need to follow to be able to obtain this visa are

as follows:
● You must hold a 457, TSS or a valid bridging visa A, B or C
● You must have worked for your employer as a full-time employee for at least three years
● You must be nominated by your employer

Processing Time
● 75% of applications: 64 days
● 90% of applications: 10 months

 

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Temporary Work (Short Stay Activity) (Subclass 400)

The Temporary Work (Short Stay Specialist) Subclass 400 Visa is a short stay activity visa that lets you stay in Australia for a period of 3 months if you’re planning to undertake a highly specialized work or are working on a project in Australia’s interest.

Some reasons for which you can obtain this visa include:
● Performing short-term, highly specialized, non-ongoing work
● Participating in an event on a non-ongoing basis if you’re invited by an Australian organization
● Participating in an activity or work relating to Australia’s interest

Common Visa Criteria

As an applicant, you must be able to show that you:

● Have access to sufficient funds to support themselves in Australia
● Have a job lasting not more than 3 months
● Have personal attributes consistent with the proposed activity
● Genuinely intend to stay temporarily in Australia for the intended purpose
● Meet health and character requirements

Highly Specialised Work Stream

As an applicant, you must be able to show that the work you’re going to perform is highly specialized. To elaborate, you might have to show that you have skills which are not readily available

in Australia, for instance:
● Skills relating to overseas technology
● Areas where there is limited supply of the required skill set

 

Certain type of work is excluded from the 400-subclass including work in the entertainment field unless the production will not be broadcasted in Australia or the visit is purely for promotional purposes.

Temporary Activity Visa (subclass 408)

The Temporary Activity Subclass 408 Visa allows you to be a short stay visa allowing people to undertake various short-term activities in Australia.

Common Visa Criteria

There are several eligibility pathways for the visa. However, all applicants must show that they:

● Hold private health insurance
● Have access to sufficient funds to support themselves in Australia
● Genuinely intend to stay temporarily in Australia for the intended purpose
● Meet health and character requirements

In such cases, sponsorship by an approved Temporary Activities Sponsor is required, unless the applicant is overseas and seeking to stay in Australia for 3 months or less. If there is no requirement of a sponsorship, then in most cases the application must be supported by an organisation or an Australian citizen or a permanent resident.

Application Pathways

There are a number of streams under which you can apply for the Temporary Activity Visa.

1. Invited Participants
This stream requires the applicant to be invited by an Australian or an overseas organization to participate in an event in Australia.
2. Sports
This covers situations where the applicant is either:
● Receiving training from a team operating at the national level; or
● Working as an elite player, coach or adjudicator with an Australian team, and has the endorsement of the national peak body for the sport in Australia
3. Religious Worker
Where the applicant has to work full time with an Australian religious organization
4. Domestic Worker
Where the applicant will work as a domestic worker for a person holding either a Temporary Work (International Relations) Subclass 403 or Temporary Work (Skilled) Subclass 457 visa.
5. Superyacht Crew
For members of superyacht crews.
6. Research
1. Observing or participating in a research project with an Australian tertiary or research institution
2. Students from overseas educational institutes coming to research in Australia closely related to their course
7. Exchange
Where there is an agreement between an Australian business and an overseas business for exchange of staff for certain projects.
8. School Exchange
This involves a school to school exchange or School Language Assistance Program activity.
9. Special Program
This is where a special program agreement is in effect for youth exchange, non-profit organisation or government agency.
10. Australian Government Endorsed Events
This would generally require the event to be specified by legislative instrument (e.g. Commonwealth Games), and a particular class of people to be identified (e.g. coaches or competitors). Unlike the other streams, this option does not require sponsorship and results in a visa of up to 4 years duration.
11. Entertainment
If you’re a performer or an artist, you can apply for this visa. However, the criteria may differ depending on whether the performance is in relation to film or TV, is for non-profit purposes, or for productions purely for overseas markets.

Training visa (subclass 407)

As an applicant for the Training Visa 407, you can work for an Australian employer whilst undertaking on-the-job training from the company. The Training Subclass 407 Visa is a short stay visa that allows you to stay in the country for a period of up to 2 years

Common Visa Criteria

The Occupational Training Visa can be obtained with two eligibility pathways. However, you must be able to show that you:

● Have turned 18 (or can demonstrate exceptional circumstances)
● Have vocational as well as written English language skills
● Hold a private health insurance
● Have sufficient funds to support yourself in Australia
● Genuinely intend to stay in Australia for the intended purpose and required time period
● Meet health and character requirements

Eligibility

Apart from the above-mentioned conditions, you must have a previous record of working for 12 months at least, in the occupation that will be nominated.

Nomination by An Employer

As an applicant, you need to show that your employer has nominated you (and they cannot be a sole trader or an individual).

Processing Times

A Training and Research (Subclass 407) Visa – Occupational Trainee Stream is processed in approximately 3 – 4 months