Visa Types
Temporary Work (Skilled) Visa (Subclass 457): The Temporary Skill Shortage Visa (subclass 482) is for skilled workers wishing to work in Australia on a temporary basis. With a TSS Visa, the employee can work in Australia for up to 4 years for their sponsor, study (without government assistance) and travel to and from Australia as many times as they wish while the visa is valid. Processing for this application generally takes 1-3 months and costs start at $1,175.
Skilled Independent Visa (Subclass 189): This is a points-tested, permanent residence visa for skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government. To receive an invitation to apply, an expression of interest must be submitted through SkillSelect.
Employer Nomination Scheme (Subclass 186): This permanent residence visa is for skilled workers. Application can be made through the temporary residence transition stream (for 457 visa holders), the direct entry stream or the agreement stream.
Regional Sponsored Migration Scheme (Subclass 187): This is an employer sponsored permanent residence visa for working in regional Australia. Application can be made through the temporary residence transition stream (for 457 visa holders), the direct entry stream or the agreement stream.
Business Innovation and Investment (Provisional) Visa (Subclass 188): A visa for those who want to own and manage a new or existing business in Australia, or want to invest in the country. Applications can be made through the business innovation stream, investor stream, significant investor stream or premium investor stream.
Visa Application
Foreign workers are required to have the proper visas and work permits in Australia, as established by immigration laws. To secure a visa for an employee, a company will generally first need to apply to be an ‘standard business sponsor’ through the Department of Home Affairs. The types of documents required for this process can be a problem for companies just entering the Australian market.
The most common skilled visa used within Australia is the Temporary Skill Shortage Visa (subclass 482). This visa allows skilled workers to come to Australia and work for an approved Australian business for up to four years. Workers who have been on the TSS visa for 2 years or more have increased access to applying for permanent residence visas (described in the table below).
There are some streamlined processing arrangements in place to help executives, managers and specialists who are coming to Australia as part of an intra-company transfer. These are especially targeted to assisting in transfers between Asia Pacific Economic Co-Operation (APEC) economies.
The process for obtaining a TSS visa can take from 1 to 3 month. It is highly recommended to utilise an Australian Immigration specialist to assist with the application and processing. If an employer is already authorised to employ overseas workers the waiting period is significantly reduced.
The process for obtaining the TSS visa is as follows:
1. Sponsorship Application (Employer)
Sponsorship Application (Employer)
The employer applies to be a ‘sponsor’.
To be eligible, the employer must:
- Have a legally established and currently operating business (inside or outside Australia)
- Have no adverse information regarding their business which affects their suitability as a sponsor
- Have a strong record of, or a demonstrated commitment to employing local labour (in Australia)
- Declare that they will not engage in discriminatory recruitment practices
The documents required include:
- Proof of legal establishment (e.g. an Australian Business Number registration certificate for Australian-based employers)
- Proof of current operation (e.g. profit and loss statements, tax returns for the most recently concluded financial year etc.)
- Written attestation of a strong record of, or commitment to employing local labour
- Declaration of refusal to engage in discriminatory recruitment practices
The exact documents required from an employer depends on the country in which the business operates, and the size of the business. More details can be found on the Department of Home Affairs website.
The application can be made online by setting up an ImmiAccount here. It involves completing an online application form, attaching the required documents, paying an application fee and recording a Transaction Reference Number (TRN).
Sponsorship Approval and Nomination (Employer)
Once the sponsorship application has been approved, the employer can nominate the employee to work in Australia.
2. Visa Application (Employee)
Before Applying
Prior to applying, the employee is required to:
- Ensure that their employer is a standard business sponsor and has nominated them
- Complete a skills assessment if required for their occupation
- Pass an English exam
- Complete a health exam
The specific requirements for each component can be found by following the links.
Prepare Documents
The employee prepares the following documents:
- Passport
- Proof of name change (if applicable) e.g. marriage/divorce certificate, document that shows other names you have been known by
- Skills assessment reference number (from Trades Recognition Australia)
- Qualification certificates (professional and educational)
- Registration, licence or professional membership (if required)
- References from previous employer(s) on the employer’s letterhead
- CV which demonstrates full employment and educational history, dates and positions held, name, title and contact details of referees, and that you meet the 2 years of work experience requirement
- Document(s) indicating sufficient English language skills
- Australian police certificate (if the employee has spent a total of 12 or more months in Australia in the last 10 years since turning 16) issued by the Australian Federal Police
- An overseas police certificate from every country where the employee has spent a total of 12 months or more in the last 10 years since turning 16
- Military service records or discharge papers if they have served in the armed forces of any country
Further documents are required for the employee’s partner, dependants under 18, dependants over 18 and children. These can be found here.
Visa Application
The employee applies for the visa online in ImmiAccount. An ImmiAccount can be created here. The application process will include filling the application form, attaching the required documents, paying the application fees, and recording the Transaction Reference Number (TRN).
Visa Outcome
Once the Department of Home Affairs has approved the employer’s nomination, they decide on the employee’s application.
The employee is notified in writing of the following information:
- Visa grant number
- Starting date of visa
- Visa conditions
If the visa is refused, the applicant is notified in writing with reasons for refusal and whether they have a right to have the decision reviewed.
Enter Australia
Once the visa has been granted, the employee may enter Australia.
