Working Visa

WORKING VISA

Australia is a great place to live and work, offering lifestyle and employment opportunities. To work, you must have a valid Australian visa with work rights.  A range of temporary and permanent skilled visas are available. Australian laws provide all employees with basic rights and protection in the workplace.

Temporary Work Skilled Visa (sc457)

This visa is a temporary visa, valid for up to four years, and allows you to work for your employer on a full time basis and travel in and out of Australia without restriction within the visa validity period.

This visa requires an offer and acceptance of skilled employment in Australia. It is also essential that you must have all of the relevant qualifications and/or work experience to be able to fill that position.

As the holder of a 457 visa, if you work for your sponsoring Australian Employer for 2-years or greater, your employer may be able to nominate you for permanent residency through the ENS transitional arrangements that are currently in place (subject to changes in law and the sponsor complying with their obligations).

Generally, there are three stages involved in subclass 457 visa applications:

  1. Business to make a sponsorship application, the sponsor will need to meet (among other things):
    • The Australian (or Overseas) business must be approved to employ overseas workers to work in Australia.
  2. Business to make a nomination application, the sponsor will need to meet (among other things):
    • The sponsor must establish the need to employ a temporary overseas worker.
    • Pay the Temporary overseas worker a salary that is in accordance with at least the market salary and pay no less than the currentTemporary Skilled Migration Income Threshold. The contract of employment must also be in accordance with Fair Work Australia.
    • The position must provide equivalent terms and conditions of employment to the Temporary overseas worker that would also apply to an Australian citizen or permanent resident of Australia who is or may be employed by the sponsor.
  3. Applicant to make a 457 visa application – To be eligible for a 457 visa, you need to meet (among other things):
    • Have been nominated by an approved business in an eligible occupation.
    • Have relevant qualification and/or skills.
    • Have sufficient English Language ability, if required.
    • Hold registration or license, if required.
    • Hold adequate health insurance.
    • Be of a good character and health.
    • Any secondary applicants have to satisfy relevant secondary criterion.

Employer Nomination Scheme (186)

This visa is a permanent visa that enables Australian employers to sponsor highly skilled workers to live and work in Australia.

This visa requires an offer and acceptance of skilled employment in Australia. It is also essential that you must have all of the relevant qualifications and/or work experience to be able to fill that position.

This visa has 3 streams:

  • Temporary Residence Transition Stream– for holders of a 457 visa who have worked for their employer for at least 2 years in the same nominated occupation, where the employer now wants to offer a permanent position.
  • Direct Entry Stream– generally for applicants that have not held a 457 visa for the last two years, and have substantial skills and experience in the nominated position and have competent English language ability.
  • Agreement Stream– for applicant that will be sponsored by an employer through a labour or regional migration agreement

The ENS visa consists of 2 stages:

  1. Employer to make a nomination application, the employer will need to meet (among other things):
    • establish the need to employ a overseas worker.
    • Pay the overseas worker a salary that is in accordance with at least the market. The contract of employment must also be in accordance with Fair Work Australia.
    • The position must provide equivalent terms and conditions of employment to the overseas worker that would also apply to an Australian citizen or permanent resident of Australia who is or may be employed by the sponsor.
  2. Applicant to make a 186 visa application – To be eligible for a 186 visa, you need to meet (among other things):
    • Have been nominated by an approved Australian employer in an eligible occupation.
    • Be less than 50 years of age*
    • Have relevant qualification and/or skills.*
    • Have sufficient English Language ability, as required (dependant of stream).*
    • Hold registration or license, if required.
    • Be of a good character and health.
    • Any secondary applicants have to satisfy relevant secondary criterion.

*applicants may access exemptions for the age, skills and English language criteria depending on the occupation, salary and past work experience for their particular case.

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