Employers and Skilled Worker Visas: Some of the Things Employers should Know

by The FindLaw Team

Australia attracts some of the largest companies in the world and throw in the weather, lifestyle options and relative health of the economy, Australia is potentially a very attractive destination for many workers living overseas. If a person has a particularly desirable skill that is required in Australia, they may be able to obtain a visa through sponsorship from an employer who operates within the country. The visa options for skilled workers can be on for a temporary or permanent basis, dependent on the requirements of the company, and the particular position and that needs to be filled.

Temporary visa options for skilled workers

Business (Long Stay) visa (Subclass 457): a person who is sponsored by a company to work in Australia can be employed from between one day to four years under the terms of the 457 visa. The 457 visa also allows the holder to bring another person into the country during the period of employment. Additionally, the secondary person has the ability to work or study in Australia for the duration of the visa.

Service Sellers: the Service Sellers visa allows a person to stay for a period of between six months to a year, and is used if a person is in Australia to either negotiate, or enter into an agreement for the supply of services within the country.

The visa is strictly only for businesses that operate in the services industry and cannot be used by a company that supplies goods. The Service Sellers visa also allows the holder to bring another person into Australia to work or study during their stay.

Permanent visa options for skilled workers

Employment Nomination Scheme (ENS) (Subclass 121/856): the ENS is available for employers who want to sponsor a highly skilled worker from overseas. If an employer sponsors a worker under the ENS, the term of employment must be for at least three years, and the position must be on a full time basis, whilst meeting minimum salary standards.

Regional Sponsored Migration Scheme (RSMS) (Subclass 119/857): employers who are from regional or low population growth areas can use the RSMS to sponsor a skilled worker to fill in any vacancies that are required in the region.

Under the terms of the RSMS, a business must also employ the worker on a full time basis, and meet minimum salary standards. However, a worker who is a holder of an RSMS visa is employed for two years, as opposed to an ENS visa holder who must be employed for at least three years.

Both ENS and RSMS visa holders enjoy full permanent residency privileges: such as access to social security; the ability to bring family members with them into Australia; as well as the option to eventually become an Australian citizen if they so choose.

If you have any queries or concerns relating to a visa issue, please seek the appropriate advice.  


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