Work Visa to Australia
In order to work in Australia, you must hold a visa which permits you to undertake employment. The visas set out below rely on sponsorship by an Australian employer in order for your visa application to proceed.
Long Stay Working Visa Subclass 457
This visa is a temporary work visa with stays of up to four years. During this period, visa holders must continue to work with their sponsoring employer. However, family members have unrestricted work rights. There is no access to Medicare (government subsidized health cover) during this period.
The Long Stay Working Visa application is made up of three steps:
• the employer lodges a sponsorship application – to be approved as a sponsor;
• the employer lodges a nomination application – for the specific vacancy to be filled by a temporary worker from overseas; and
• the candidate nominated to fill the position lodges the visa application.
Following changes introduced on 1 November 2003 , all three applications can be lodged on the internet and will receive priority over paper-based applications.
Whilst the requirements for obtaining a Long Stay Working Visa are less stringent than those of the Employer Nomination Scheme (see below), certain criteria must be met by both the Australian employer and the prospective visa application prior to grant.
Please contact us to discuss this further.
Employer Nomination Scheme
This is a category which allows Australian employers to recruit permanent , highly skilled staff from overseas when the employers have been unable to fill a vacancy from within the Australian labour market or through their own training programs.
The Scheme is made up of two distinct steps:
• the Australian employer must lodge a nomination application; and
• the visa applicant is lodged by the highly skilled person who has been nominated for the vacancy.
The nomination application must be supported by evidence that it is a full time position, with a contract for at least 3 years.
The employer is required to demonstrate that they have a commitment to training their staff, evidenced by current training plan and proposal for future programs. Furthermore, the employer must satisfy the Department of Immigration that they cannot source someone locally to fill the position.
Once the nomination has been approved, the visa application can be lodged. In certain circumstances, it is possible to lodge both applications together with the visa applicant is in Australia and their current visa permits the lodging of a further application onshore.
The visa applicant must satisfy the following criteria:
• be under the age of 45 (unless it is an exceptional appointment);
• have at least vocational (basic) English language ability;
• have skills which are relevant nominated position, including holding any licensing, registration or professional membership which may be required for the position;
• meet health and character requirements
The criteria for applying for an Employer Nomination visa can be quite complex. Therefore it is essential to obtain professional advice prior to commencing the process.
Please contact us to discuss your situation further.
Specialty visas
There are several other temporary “specialty” visas which grant limited work rights. Some of the visas included in this category are:
• academic staff
• community organizations (which form part of the “special program” visa)
• employee exchanges
• entertainers
• sportspersons
• media and film staff
• medical practitioners
• occupational trainees
• religious workers
• other
To learn more about your eligibility for migration to Australia under these categories, please contact us .
Please note that Floramo Lawyers does not provide any recruitment services and we cannot find an Australian employer for you. Our role is strictly to assist in the preparation and lodging of migration applications.
|
