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Immigration News
- New Skilled Occupation List Announced
- FEB 2010 Many Changes to Skilled Migration!
- 1 January 2010 legislative change – suitable skills assessment as a validity requirement for onshore GSM visas
- Amendment to the skills assessment criterion for certain onshore GSM applicants nominating a trade occupation from 1 January 2010
- Legislative change – Australian Study Requirement and offshore GSM visa applicants
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Company Sponsorship
These visas designed for Australian Companies to be able to recruit highly skilled workers either from overseas or from people temporarily in Australia where an employer has been unable to fill their recruitment needs from the Australian labour market or through their own training efforts. There are both temporary visa options and permanent visa options. Below is an outline of these visas:
Temporary Sponsorship Options
Australian businesses that need to have their skilled positions filled but cannot find workers from within the Australian labour force, can sponsor personnel from overseas on a temporary basis, to work in Australia for up to 4 years.
The most common visa available under the temporary arrangements is:
Sponsorship by Australian or overseas businesses
There are 3 steps in the application process to bring in temporary overseas staff:
- Sponsorship
Business sponsorship approval must be obtained by the business wishing to sponsor overseas workers. The business demonstrates that it is of good standing, shows the benefits of an overseas employee, and provides adequate training plans and expenditure. Employers are required to meet a number of undertakings in relation to the sponsored employee. Active Migration Australia will personally meet with the Australian Employer and provide any documentation required for the process. Active Migration Australia will compile and professionally submit the application to the DIMIA via a new eVisa system. This method of application provides quicker processing times.
- Nomination
The nomination must relate to an occupation that meets a minimum skills threshold covering managerial, professional, associate professional and trade occupations. An occupation is selected and you need to meet the correct qualifications and work experience that pertains to that occupation. There are criteria applicable for the nomination and Active Migration Australia will provide the information required to both the Australian company and the nominee to ensure that a comprehensive application is submitted.
- Visa Application
The overseas skilled employee that is nominated must apply for a visa to enter and remain in Australia. The application will need to demonstrate that they have the skills and qualifications applicable to the nominated occupation. Other criterion needs to be met and Active Migration Australia will provide the required information to the applicant and will professionally compile and submit the application via the new eVisa system for priority processing.
Permanent Employer Sponsorship Options
The 2 main visa categories for permanent employer sponsorship are:
Employer Nomination Scheme (ENS)
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 staff from overseas when they have been unable to fill a vacancy from within the Australian labour market.
The ENS has two distinct stages:
- Nomination by the employer
The employer will need to demonstrate that they have a genuine need for a paid employee from overseas. There are many factors involved in this application, two being; company’s training programme and financials. This visa is extremely comprehensive and detailed. Active Migration Australia will provide all the necessary information required for this stage of the application and compile and submit as required by the DIMIA. - Nominee's visa application
The nominee needs to prove that they have the skills pertaining to the position sought by the Australian company. They will be required to prove these skills by having a Skills Assessment done by the relevant Skills Assessing authority for the particular occupation. The nominee will need to demonstrate that they meet the definition of a "highly skilled person", Active Migration Australia will ensure that all the criteria is met and submitted to the DIMIA.
Regional Sponsored Migration Scheme (RSMS)
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:
- Certification of the nomination
The nomination will not be considered by DIMIA unless it has been certified by a Regional Certifying Body. That body will assess the nomination to ensure that it meets mandatory criteria, including duration of contract, remuneration and other critical factors. Active Migration Australia will provide the employer and applicant with the information required to compile and submit the application to the Regional Authority as well as complete liaison with the Regional Authority.
- Nomination by the employer
The certified nomination (above) will be submitted to the DIMIA for DIMIA to assess. Active Migration Australia will submit this and liaise with the Department if necessary.
- Visa Application made by overseas employee
The nominee needs to prove that they have the skills pertaining to the position sought by the Australian company. The nominee will need to demonstrate that they meet the requirements of this stage. Active Migration Australia will ensure that all the criteria is met and submitted to the DIMIA.
