ExploringEmployer Sponsored Visa Pathways to Permanent Residency
Navigating the transition from student to permanent resident in Australia can be complex, but several visa options offer clear pathways to stability and security.
The GSM program offers several visa options, each designed for different types of skilled workers depending on their situation and where they want to live. Here are the three main ones you should know about:
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The pathway to obtaining an employer-sponsored visa in Australia typically involves several key steps that need to be carefully followed by both the employer and the employee. Whether applying for the Employer Nomination Scheme (ENS) Visa(subclass 186), the Temporary Skill Shortage (TSS) Visa (subclass 482), or the Regional Sponsored Migration Scheme (RSMS) Visa (subclass 494), understanding these steps is crucial for a smooth application process.
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The Employer must have the legal rights and genuine need to sponsor an employee:
This approval is generally valid for up to five years, allowing the business to sponsor and nominate employees for the respective visas during this period.
Once the business sponsorship or DAMA agreement is in place, the employer can nominate an employee for the visa.
The employer must also prove that the nominated position is genuine and that they meet the visa’s employment conditions.
Nomination is a critical step in the visa application process where an employer identifies a specific position within their business that needs to be filled by an overseas skilled worker. This process involves several key elements, including determining the appropriate visa stream, ensuring compliance with specific requirements, and meeting the relevant conditions for the occupation and employment.
After the nomination is approved, the nominated employee can proceed to lodge their visa application. The visa application should be submitted within six months of receiving the nomination approval to avoid delays.
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Ensure the applicant meets qualifications, relevant work experience, and English language proficiency standards. Verify the occupation is on the relevant list for the specific visa subclass to avoid eligibility issues.
Employers must ensure the sponsored employee works in the nominated occupation, pays the appropriate salary, and maintains accurate records. Demonstrating a genuine need for the position and efforts to employ local workers are essential.
Some occupations require a skills assessment to validate qualifications and experience. Check if this is needed for the specific occupation and visa subclass and complete it before applying.
Stay informed about immigration policy changes that impact eligibility, processing times, and requirements. Regularly check for updates to ensure compliance with current laws.
All applicants must meet health and character requirements, including medical exams and police checks. Complete these assessments accurately and on time to avoid delays.
Ensure employment contracts comply with Australian labor laws and reflect the terms of the sponsorship accurately, specifying whether the employment is temporary or permanent.
Processing times can vary due to high volumes or incomplete applications. Submit complete applications, plan ahead, and respond promptly to any requests for additional information.
Applicants can appeal visa refusals through the Administrative Appeals Tribunal (AAT) or seek a review. Understand the reasons for refusal, gather supporting evidence, and follow appeal procedures and timelines.
Both employers and applicants must comply with all relevant immigration laws, sponsorship obligations, visa conditions, and workplace standards.
Ensuring applicants meet the minimum points requirement can be challenging. Applicants must carefully calculate their points based on criteria such as age, English proficiency, skilled employment, and qualifications. Missing even a single point can result in ineligibility.
Navigating the skills assessment process and obtaining a positive assessment is crucial. Each occupation has a designated assessing authority. Applicants must ensure their qualifications and work experience are closely aligned with the requirements of the assessing authority for their nominated occupation.
Gathering and preparing all required documents for the EOI and visa application can be daunting. Accurate and complete documentation is critical. Missing or incorrect documents can lead to delays or refusals. Documents must often be certified copies and may need to be translated into English.
Completing health examinations and obtaining police certificates are essential steps. Applicants must undergo health examinations to meet Australia’s health requirements and obtain police certificates to prove they meet character requirements. Any issues or delays in these checks can impact the visa application process.
Incorrectly claiming points can lead to visa refusal and possible bans. Applicants must be cautious and accurately claim points. Misrepresentation or errors in claiming points for factors like English proficiency, work experience, or qualifications can lead to visa refusal. In severe cases, it can result in a ban from applying for Australian visas for a certain period.
| Criteria | Post-Vocational Education Work Stream | Post-Higher Education Work Stream | Second Post-Study Work Stream |
|---|---|---|---|
| Age Limit | 35 years or under (50 for Hong Kong and British National Overseas passport holders) | 35 years or under (50 for Hong Kong and British National Overseas passport holders) | Same as Post-Higher Education Work Stream |
| Eligible Visa Status | In Australia holding an eligible student visa or bridging visa | In Australia holding an eligible student visa or bridging visa | Must currently hold a Temporary Graduate visa in the Post-Study Work stream |
| Australian Study Requirement | Completed a CRICOS-registered vocational course in the last 6 months | Completed a CRICOS-registered higher education degree (bachelor’s, master’s, or doctoral) in the last 6 months | Completed higher education degree in a regional area |
| Skills Assessment | Required for an occupation on the Medium and Long-term Strategic Skills List (MLTSSL) | Not required | Not required |
| English Proficiency | Minimum IELTS score of 6.5 overall, with at least 5.5 in each component (or equivalent) | Minimum IELTS score of 6.5 overall, with at least 5.5 in each component (or equivalent) | Minimum IELTS score of 6.5 overall, with at least 5.5 in each component (or equivalent) |
Live in Australia indefinitely and enjoy all the benefits of permanent residency.
You can work and study anywhere in Australia.
Access to Medicare, Australia's public health care system.
Ability to sponsor eligible relatives for Australian residency.
Travel to and from Australia for up to five years from the date of visa grant.
Eligibility to apply for Australian citizenship, subject to meeting residency and other requirements.
| Eligibility Criteria | Direct Entry Stream | Labour Agreement Stream | Temporary Residence Transition Stream |
|---|---|---|---|
| Occupation | Must be on the list of eligible skilled occupations. | Must be on the list of eligible skilled occupations per the labour agreement. | Must be on the list of eligible skilled occupations. |
| Work Experience | Typically requires at least three years of relevant work experience, unless exempt. | Typically requires at least three years of relevant work experience, unless exempt. | Typically requires at least three years of relevant work experience. |
| Licensing/Registration | Necessary if required in the state or territory where you will work. | Necessary if required in the state or territory where you will work. | Necessary if required in the state or territory where you will work. |
| Skills Assessment | Generally required; exemptions apply for academic positions, certain visa holders, or if working with a government entity. | Skills assessment usually not required if covered under the labour agreement. | Skills assessment is not required for this stream. |
| Age | Generally under 45 years old, with specific exemptions available. | Generally under 45 years old, with specific exemptions available. | Generally under 45 years old, with specific exemptions available. |
| Health Requirement | Must meet health standards for you and any accompanying family members. | Must meet health standards for you and any accompanying family members. | Must meet health standards for you and any accompanying family members. |
| Character Requirement | Must meet character requirements for you and any family members aged 16 and over. | Must meet character requirements for you and any family members aged 16 and over. | Must meet character requirements for you and any family members aged 16 and over. |
| English Language | Demonstrate competent English | Demonstrate competent English | Demonstrate competent English |
| Government Debt | Must repay any debts to the Australian Government or have a formal repayment plan. | Must repay any debts to the Australian Government or have a formal repayment plan. | Must repay any debts to the Australian Government or have a formal repayment plan. |
| Visa History | No history of visa cancellation or refusal affecting eligibility. | No history of visa cancellation or refusal affecting eligibility. | No history of visa cancellation or refusal affecting eligibility. |
Live and work in Australia for up to two or four years, depending on your occupation and the stream you apply under.
You can work full-time for your sponsor and study (without government support) anywhere in Australia.
Depending on your occupation and circumstances, you may be eligible to apply for permanent residency after a certain period.
Include eligible family members in your application, allowing them to live, work, and study in Australia for the duration of your visa.
Travel to and from Australia as many times as you want while your visa is valid.
Opportunity to gain valuable international work experience and enhance your skills in your occupation.
| Eligibility Criteria | TSS Visa (Subclass 482) - Short-Term Stream | TSS Visa (Subclass 482) - Medium-Term Stream | Labour Agreement Stream (Subclass 482) |
|---|---|---|---|
| Occupation | Must be on the list of eligible skilled occupations for the Short-Term stream. | Must be on the list of eligible skilled occupations for the Medium-Term stream. | Must be on the list of eligible skilled occupations or specified by a Labour Agreement. |
| Work Experience | Generally, at least two years of relevant work experience is required. | Generally, at least two years of relevant work experience is required. | Generally, at least two years of relevant work experience is required. |
| Licensing/Registration | Necessary if required in the state or territory where you will work. | Necessary if required in the state or territory where you will work. | Necessary if required in the state or territory where you will work. |
| Skills Assessment | Not typically required. | Not typically required. | Not typically required. |
| Age | Generally, under 45 years old, with some exemptions. | Generally, under 45 years old, with some exemptions. | Generally, under 45 years old, with some exemptions. |
| Health Requirement | Must meet health standards for you and family members. | Must meet health standards for you and family members. | Must meet health standards for you and family members. |
| Character Requirement | Must meet character criteria for you and family members aged 16 and over. | Must meet character criteria for you and family members aged 16 and over. | Must meet character criteria for you and family members aged 16 and over. |
| English Language | Short-Term: IELTS 5.0 overall, with no band less than 4.5. PTE 36, with no communicative skill less than 30. | Medium-Term: IELTS 5.0 overall, with no band less than 5.0. PTE 36, with no communicative skill less than 36. | Labour Agreement: English requirements are the same as for the Medium-Term stream. |
| Government Debt | Must repay any debts to the Australian Government or have a formal repayment plan. | Must repay any debts to the Australian Government or have a formal repayment plan. | Must repay any debts to the Australian Government or have a formal repayment plan. |
| Visa History | Must not have had a visa cancelled or a previous application refused that affects eligibility. | Must not have had a visa cancelled or a previous application refused that affects eligibility. | Must not have had a visa cancelled or a previous application refused that affects eligibility. |
| Eligibility Criteria | Employer Sponsored Stream | Labour Agreement Stream |
|---|---|---|
| Occupation | Must be on the list of eligible skilled occupations for the regional area. | Must be on the list of eligible skilled occupations per the labour agreement. |
| Work Experience | Typically requires at least three years of relevant work experience, unless exempt. | Typically requires at least three years of relevant work experience, unless exempt. |
| Licensing/Registration | Necessary if required in the state or territory where you will work. | Necessary if required in the state or territory where you will work. |
| Skills Assessment | Generally required; exemptions apply for certain visa holders or if working with a government entity. | Skills assessment usually not required if covered under the labour agreement. |
| Age | Generally under 45 years old, with specific exemptions available. | Generally under 45 years old, with specific exemptions available. |
| Health Requirement | Must meet health standards for you and any accompanying family members. | Must meet health standards for you and any accompanying family members. |
| Character Requirement | Must meet character requirements for you and any family members aged 16 and over. | Must meet character requirements for you and any family members aged 16 and over. |
| English Language | Demonstrate competent English. | Demonstrate competent English. |
| Government Debt | Must repay any debts to the Australian Government or have a formal repayment plan. | Must repay any debts to the Australian Government or have a formal repayment plan. |
| Visa History | No history of visa cancellation or refusal affecting eligibility. | No history of visa cancellation or refusal affecting eligibility. |
You must reside with the student and provide ongoing support and care for the student.
You are not permitted to work in Australia while holding this visa.
You can study for up to 3 months or 20 hours per week in an English Language Intensive Course for Overseas Students (ELICOS).
You must ensure that you provide adequate accommodation, welfare, and other support for the student.
You must inform the Department of Home Affairs of your residential address within 7 days of your arrival in Australia and within 7 days of any change of address.
You must maintain adequate health insurance for the entire duration of your stay in Australia.
You must maintain sufficient funds to support yourself and the student during your stay in Australia.
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