These visas are designed for Australian companies to be able to recruit highly skilled workers either from overseas or from people temporarily in Australia.
When there is an employer has been unable to fill their vacancies from the Australian labour market or through their own training efforts, they are able to do so using overseas skilled employees.
There are both temporary visa options and permanent visa options. Below is an outline of these visas:
The above visa categories are the most common Permenant Employer sponsorhip types.
The ENS allows Australian employers to fill ‘highly skilled positions’ in Australia with a non-Australian citizen or resident. The ENS enables Australian employers to recruit on a permanent basis, highly skilled workers from overseas when they have been unable to fill a vacancy from within the Australian labour market.
The ENS has 2 to distinct stages:
The employer will need to demonstrate that they have a genuine need for a paid employee from overseas. This visa is extremely comprehensive and detailed therefore need extensive research and study prior to apply.
The nominee needs to prove that they have the skills relevant to the position sought by the Australian business in addition to the relevant work experience. The nominee will need to demonstrate that they meet other criteria such as English, health and character as well apart from required qualification criteria.
The RSMS allows employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market.
The RSMS process consists of 3 distinct stages:
The nomination will not be considered by the Department of Immigration unless it has been certified by a relevant Regional Certifying Body of the relevant geographical area where the business is located. Once the application is submitted to the local Regional Certifying Body, that body will assess the nomination to ensure that it meets mandatory criteria, including labour market testing, duration of contract, remuneration and other critical factors.
The certified nomination will be submitted to the Department of Immigration to assess with required documents from the employer’s business to satisfy the criteria.
The nominee needs to prove that they have the skills pertaining to the position sought by the Australian business. The nominee will need to demonstrate that they meet the requirements such as English, health and character to satisfy the visa criteria.
When businesses unable to meet their skill needs from within the Australian labour force, they can sponsor skilled workers from overseas on a temporary basis, to work in Australia for up to 4 years.
There are 3 steps in the application process to bring in temporary overseas staff:
Employers that wish to bring staff from overseas need to seek approval as a business sponsor at the initial stage. They will need to demonstrate that their business is of good standing, show the benefits of an overseas employee, provide adequate training plans and expenditure. Employers are required to meet a number of undertakings in relation to the sponsored employee as well
Employers need to nominate each of the positions they wish to fill. The nomination must relate to an occupation that meets a minimum skills threshold covering managerial, professional, associate professional and trade occupations. There are criteria applicable for the nomination and ‘genuineness’ is the most important criteria the Department of Immigration assess alongside with other criteria.
The person identified to fill the nominated vacancy must apply for a visa to enter or remain in Australia. The applicant will need to demonstrate that they have the skills and qualifications applicable to the nominated occupation. Other criteria needs to be met such as English and health as well.