Employer Sponsored PR Visas - RSMS
Employer Sponsored PR Visas - ENS
Distinguished Talent Visas
Labour Agreements
General Skilled Migration
Employer Sponsored PR Visas - Regional Sponsored Migrations Scheme (RSMS) Subclass 187
This visa allows Australian employers in regional areas to sponsor non-Australian employees to fill positions within the business.
Regional or low population growth areas are defined to mean any part of Australia not including Brisbane, Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.
The state capital cities Perth (WA), Adelaide (SA), Hobart (Tasmania) and Darwin (NT) are classified as regional or low population growth areas.
Within RSMS subclass 187 there are three streams:
- Temporary Residence Transition Stream – for qualifying 457 visa holders.
- Direct Entry Stream – for a range of applicants including non-qualifying 457 visa holders, those completing studies on student visas and offshore applicants.
- Agreement stream – where a nominating business holds a Labour Agreement.
1. RSMS Temporary Residence Transition Stream – for qualifying 457 visa holders
For 457 visa holders who have worked for their employer for the last two years. The employer must to offer them a permanent position in the same occupation they held a 457.
Skills - are not assessed as the visa applicant has been working in the role with the employer for two or more years.
Age – under the age of 50, with limited Exemptions.
English - requirement of 5.0 in each of the four components of IELTS test. There are some limited Exemptions.
2. RSMS Direct Entry Stream – for a range of applicants including non-qualifying 457 visa holders, those having completed studies on student visas and offshore applicants.
Skills – must have relevant qualification and skills to fill the nominated position. Overseas tradespersons must have their skills assessed by the approved assessment bodies.
Age – under the age of 50, with limited Exemptions.
English - requirements described as ‘competent English’ will be 6.0 in each of the four components of IELTS test. There are some limited Exemptions.
There are three stages to the Direct Entry RSMS application:
- Certification of position by Regional Certifying Body.
- Nomination application to DIAC.
- Visa application to DIAC.
3. RSMS Agreement stream – For visa applicants whose nominating business holds a Labour Agreement.
We can advise you in relation to the requirements for RSMS application.
Employer Sponsored Permanent Residency Visas -Employer Nomination Scheme (ENS) Subclass 186
Within ENS subclass 186 there are three streams:
- Temporary Residence Transition Stream – for qualifying 457 visa holders.
- Direct Entry Stream – for a range of applicants including non-qualifying 457 visa holders, those completing studies on student visas and offshore applicants.
- Agreement stream – where a nominating business holds a Labour Agreement.
1. Temporary Residence Transition Stream – for qualifying 457 visa holders.
For 457 visa holders who have worked for their employer for the last two years. The employer must to offer them a permanent position in the same occupation they held a 457.
Skills - are not assessed as the visa applicant has been working in the role with the employer for two or more years.
Age – under the age of 50, with limited Exemptions.
English - requirement of 5.0 in each of the four components of IELTS test. There are some limited Exemptions
2. Direct Entry Stream – for a range of applicants including non-qualifying 457 visa holders, those having completed studies on student visas and offshore applicants.
Skills – must have relevant qualification and skills to fill the nominated position. This includes:
a positive skills assessment in your nominated occupation and evidence of at least three years of relevant work experience
Age – under the age of 50, with limited Exemptions.
English - requirements described as ‘competent English’ will be 6.0 in each of the four components of IELTS test. There are some limited Exemptions.
3. Agreement stream – For visa applicants whose nominating business holds a Labour Agreement.
We can advise you in relation to the requirements for an ENS application.
Distinguished Talent Visa
This type of visa may is appropriate where the applicant can demonstrate internationally recognised outstanding achievement in their professional field. The outstanding achievement must have been sustained and the applicant must still be prominent in their field.
The distinguished talent visa is appropriate for applicants with internationally recognised outstanding achievement in the following fields:
- Research or academia.
- A profession
- The arts
- Sports
An advantage of distinguished talent visas is that they do not tie the visa holder to any one employer, and are consistent with the holder being involved in a number of projects.
Labour Agreements
From the 1 July 2012 Labour agreements have been integrated into the RSMS suclass 187 and ENS subclass 186 visas.
Labour Agreements are arrangements which allow employers to recruit overseas workers for temporary or permanent work visas.
The process of obtaining approval for a labour agreement can be complex and time consuming, and involve negotiating with DIAC and other relevant industry stakeholders.
It is appropriate for employers to consider a labour agreement if they are not able to fulfil their needs through the temporary work visa (subclass 457) or Temporary Residence Transition Scheme or Direct Entry Stream (ENS or RSMS).
Employers may consider applying for a labour approval agreement where:
- The business is involved in labour hire to third parties or is involved in the meat industry.
- There is a genuine skills shortages for an occupation, and that occupation is not on the list for 457 visas, or is not available through the Temporary Residence Transition Scheme or Direct Entry Stream (ENS or RSMS).
We can assist you with the process of applying for and negotiating a labour agreement.
General Skilled Migration
The Department of Immigration and Citizenship (DIAC) has announced major changes to General Skilled Migration through the Skill Select program to be implemented from 1 July 2012.
Contact Work Visa Lawyers ® to find out how the changes may affect you.
General Skilled Migration (GSM) category visas are not usually referred to as work visas, because they do not involve an obligation to any one Australian employer. They are not employer sponsored work visas.
However, GSM visas include temporary and permanent visas, which allow the holder to live and work in Australia. If you want to live and work in Australia, then GSM visas are an option to consider.
For more information on general skilled migration click here.
Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.
