OTHER VISA TYPES

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    This visa lets skilled workers, who are nominated by their employer, live and work in Australia permanently. It enables companies to nominate highly skilled overseas workers to fill positions that cannot be filled from within the Australian labour market.

    Temporary Skills Shortage (TSS) Visa

    The Temporary Skills Shortage (TSS) subclass 482 visa replaced the subclass 457 Temporary Work Skilled Visa in March 2018.

    Applicants for the Temporary Skills Shortage (TSS) visa, whose occupations are on the Median and Long Term Skills Shortage List (MLTSSL) are granted visas for four years and can transition to an Employer Nominated Permanent Residence visa after three years with the employer. The pathway to Permanent Residence is either via a Subclass 186 Employer Nominated Visa or Subclass 187 Regional Sponsored Employment Scheme Visa (RSMS) after a qualifying period of three years.

    Applicants for the Temporary Skills Shortage (TSS) visa, whose occupations are on the Short Term Skilled Occupation List (STSOL) are granted visas for two years with an option to renew the visa for a further two years in Australia, and potentially be granted further TSS visas if they apply from outside Australia.

    Applicants with an occupation on the Short Term Skilled Occupation List (STSOL) are unable to transition to an employer nominated permanent residence visa.

    Subclass 186 Employer Nomination Scheme (ENS) Visa

    The subclass 186 Employer Nomination Scheme (ENS) visa it is a Permanent Residence visa for skilled workers who have a nominating Australian employer.

    The subclass 186 visa has two streams, the Subclass 186 Temporary Residence Transition Stream and the Subclass 186 Direct Entry Stream

    The Employer Nomination Scheme (ENS) results in a permanent visa for the sponsored employee. Whilst it has been a common way for 457 visa holders to qualify for permanent residence, it does have a higher skill level than the 457/TSS visa.

    The Employer Nomination Scheme (ENS) results in a permanent visa for the sponsored employee. Whilst it has been a common way for 457 visa holders to qualify for permanent residence, it does have a higher skill level than the 457/TSS visa.

    There are two stages to the ENS subclass 186 application:

    There are two stages to the ENS subclass 186 application

    – Nomination: Nomination involves review of the business operations as well as the position offered to the employee. Employers will also be required to contribute to the Skilling Australians Fund training levy – the date it takes effect is yet to be announced by the Government

    – Visa Application: there are three possible pathways which may require a skills assessment, English language testing and health and police checks

    Subclass 187 Regional Sponsored Migration Scheme (RSMS) Visa

    The subclass 187 Regional Sponsored Migration Scheme (RSMS) visa is a Permanent Residence visa for Skilled Workers, nominated by an Australian employer to work in a position with their business in a regional area of Australia.

    The subclass 187 visa has two main streams, the Temporary Residence Transition Stream and the Direct Entry Stream.

    The Subclass 187 visa through the Temporary Residence Transition Stream is for subclass 457 visa holders who have worked with their Australian employer on their 457 visa for a minimum of two years and whose employer is now prepared to nominate them for a subclass 187 visa to work for their business in a Regional Area of Australia.

    The subclass 187 visa through the Direct Entry Stream is for applicants who have not worked for their nominating employer for two years on a 457 visa, but who have sufficient qualifications and or experience to meet the skill requirement for the subclass 187 RSMS visa. Applicants must be nominated by an Australian employer to work in a position with their business, in a regional area of Australia.

    FAQ ( Frequently Asked Questions )

    What is JADE's success rate?

    JADE is led by My Linh Pham and Michael Cradock. My Linh Pham was the Victoria Government’s first Head of Significant Visa for 2014-2016. Michael is an immigration legal advisor and ex-KPMG audit consultant. JADE is joined by a team of experienced immigration legal advisors and together JADE has 100% success rate of Business & Investor visa grants to Australia.

    What if I want to change careers

    If you decide you no longer want to work in your nominated occupation, you will need to find a sponsor (it can be your existing employer) willing to nominate you in your new chosen occupation and then apply for a new visa.

    How long does an Employer Nominated Visa application take to process?

    Generally speaking, it takes a little over 2 months for 90% of most TSS 482 Visa applications to be processed. It takes 19 months for 90% of ENS Visa Applications to be processed and 25 months for 90% of RSMS visas to be processed. The processing time varies further depending on the entry stream.

    Contact us to help you get the fastest and most effective workflow

    If I am Australia on another visa and are nominated/apply for an Employer Nominated Visa, will I get a bridging visa whilst my application is pending?

    Yes. If you have a visa that hasn’t expired when you lodge an application for a new employer nominated/sponsored visa, a bridging visa comes into effect upon the visa’s expiry. The bridging visa is created and actually sits ‘in the wings’ as soon as the new application is lodged, but only ‘comes alive’ once the first visa has expired. The bridging visa is granted for an indefinite period and lasts until the new visa is granted.

    Why was my Employer Nominated Visa application refused?

    The most common reasons that an employer nominated visa is refused include:

    • Refusal of the employer’s nomination.
    • There is found to be no genuine need to source skilled labour for a particular occupation from overseas
    • Failure to meet the health or character requirements
    • Insufficient supporting documentation
    • False or misleading claims made on your application.
    • Providing bogus documents.
    If my Employer Nominated Visa is refused, can I apply for another visa type while staying in Australia?

    If you are currently in Australia on another valid Australian visa, there are other visa types which you can apply for if your employer nominated visa application has been refused. However, if you are on a bridging visa, this may not be possible. The best way to explore your options in these circumstances (especially if your current visa is due to expire soon) is to get in touch with an experienced registered migration agent or immigration lawyer as soon as possible

    Can I change from a tourist visa to a TSS visa?

    Whilst you cannot change or convert a visa, you can apply for the TSS visa whilst you are travelling in Australia, although you will need to find a sponsor willing to nominate you and ensure you meet the relevant eligibility criteria.

    Can I sponsor myself?

    Yes, it is possible to sponsor yourself. To do so, you will need to:

    • Register an Australian proprietary limited company (Pty Ltd)
    • Apply and be approved as a Standard Business Sponsor (SBS)
    • Make a nomination for an application, and pay the Skilling Australian levy.
    • Apply for the TSS visa

    This is a complicated process with many pitfalls and there are a number of requirements for businesses who want to employ overseas workers. There are other visa pathways available to entrepreneurs which may better suit your circumstances.

    JADE VISA is here to help you find the right Australian visa pathway for your situation. Our migration agents and immigration specialise in Employer Nominated Visa types will work with you to give your application the best possible chance of success.

    To learn more about our expertise, please get in touch with us by :

    Our contact:

    MELBOURNE, AUSTRALIA

    Frontdesk@jadevisa.com.au 

    Level 27, 101 Collins Street,

    Melbourne VIC 3000, Australia

      +61 (0)3 9034 3988

    HO CHI MINH CITY, VIETNAM

    Email: Frontdesk@jadevisa.com.au 

    Floor 10, GB Building, 78-80

    Cach Mang Thang Tam,, Ward 6, Districs 3, Ho Chi Minh City

    +84 (0)28 7300 9188