26th November 2014
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457 to Permanent Residency

                              The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

                              In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


                              There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

                              Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

                              The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

                              For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

                              How 457 sponsorship works

                              The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

                              Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

                              • spent at least one per cent of payroll; or 
                              • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

                              Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

                              The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

                              It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

                              How do I get a 457 visa?

                              In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

                              Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

                              All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


                              Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

                              Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


                              The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

                              From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

                              • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
                              • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
                              • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

                              Two visa subclasses cover the above three scenarios:

                              Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

                              OR 

                              Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

                               


                              The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

                              457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

                              All Skilled Migration applicants are required to:

                              • obtain a positive skills assessment in an occupation listed on the CSOL
                              • meet basic English requirements
                              • pass a points test (pass mark 60 points). 

                              Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

                              A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

                              • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
                              • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

                              Read more about state sponsorship.


                              If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

                              If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


                              The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

                              The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

                              Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

                              Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


                              The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

                              1. Nomination Application By The Australian Business

                              2. Visa application by the prospective employee

                              ---------------------------------------------------------------------------------------------------------

                              Employer Nomination Scheme (ENS) - Nomination Application

                              Employer (sponsor) requirements

                              The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

                              Typical criteria includes that the employer must:

                              • be actively operating a lawful business in Australia
                              • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
                              • demonstrate a commitment to training Australian citizens or residents in their business
                              • be able and willing to provide the employee with an offer of permanent employment

                              Nominated position requirements

                              In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

                              • be a full-time position which is available for at least two years from the date of grant of permanent residence,
                              • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
                              • be at market salary rates for the nominated occupation
                              • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

                              --------------------------------------------------------------------------------------------------------

                              Employer Nomination Scheme (ENS) - Visa Application

                              Employee (visa applicant) requirements

                              In order to be eligible for the ENS visa, the employee (visa applicant) must:

                              • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                              • be under 50 years of age at the time of the application (unless exempt)
                              • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                              • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
                              • satisfy at least one of the following criteria:
                                • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

                                  OR
                                • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

                              The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

                              The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

                              Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

                              1. Application for Regional Certifying Body approval of nomination.

                              2. Nomination application by the Australian business

                              3. Visa application by the prospective employee

                              --------------------------------------------------------------------------------------------------------

                              Application to Regional Certifying Body & Nomination Application

                              The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

                              The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

                              Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

                              Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

                              --------------------------------------------------------------------------------------------------------

                              Regional Sponsored Migration Scheme (RSMS) - Visa Application

                              In order to be eligible for the RSMS visa, the employee (visa applicant) must:

                              • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                              • be under 50 years of age at the time of the application (unless exempt),
                              • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                              • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
                              • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

                          The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

                          In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


                          Conversion options

                          From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

                          Option 

                          Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

                          Option 

                          Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

                          Option 

                          Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

                          Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

                          Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


                          457 temporary work visas

                          There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

                          Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

                          The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

                          For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

                          How 457 sponsorship works

                          The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

                          Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

                          • spent at least one per cent of payroll; or 
                          • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

                          Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

                          The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

                          It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

                          How do I get a 457 visa?

                          In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

                          Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

                          All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


                          What's the best way to transition from a 457 to PR?

                          Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

                          Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


                          Employer sponsorship

                          The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

                          From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

                          • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
                          • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
                          • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

                          Two visa subclasses cover the above three scenarios:

                          Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

                          OR 

                          Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

                           


                          Permanent residency via skilled migration

                          The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

                          457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

                          All Skilled Migration applicants are required to:

                          • obtain a positive skills assessment in an occupation listed on the CSOL
                          • meet basic English requirements
                          • pass a points test (pass mark 60 points). 

                          Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

                          A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

                          • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
                          • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

                          Read more about state sponsorship.


                          Get 457 to PR ready

                          If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

                          If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


                          Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

                          The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

                          The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

                          Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

                          Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


                          Permanent Residency Via the Employer Nomination Scheme (ENS)

                          The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

                          1. Nomination Application By The Australian Business

                          2. Visa application by the prospective employee

                          ---------------------------------------------------------------------------------------------------------

                          Employer Nomination Scheme (ENS) - Nomination Application

                          Employer (sponsor) requirements

                          The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

                          Typical criteria includes that the employer must:

                          • be actively operating a lawful business in Australia
                          • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
                          • demonstrate a commitment to training Australian citizens or residents in their business
                          • be able and willing to provide the employee with an offer of permanent employment

                          Nominated position requirements

                          In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

                          • be a full-time position which is available for at least two years from the date of grant of permanent residence,
                          • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
                          • be at market salary rates for the nominated occupation
                          • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

                          --------------------------------------------------------------------------------------------------------

                          Employer Nomination Scheme (ENS) - Visa Application

                          Employee (visa applicant) requirements

                          In order to be eligible for the ENS visa, the employee (visa applicant) must:

                          • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                          • be under 50 years of age at the time of the application (unless exempt)
                          • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                          • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
                          • satisfy at least one of the following criteria:
                            • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

                              OR
                            • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

                          Regional Sponsored Migration Scheme (RSMS)

                          The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

                          The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

                          Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

                          1. Application for Regional Certifying Body approval of nomination.

                          2. Nomination application by the Australian business

                          3. Visa application by the prospective employee

                          --------------------------------------------------------------------------------------------------------

                          Application to Regional Certifying Body & Nomination Application

                          The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

                          The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

                          Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

                          Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

                          --------------------------------------------------------------------------------------------------------

                          Regional Sponsored Migration Scheme (RSMS) - Visa Application

                          In order to be eligible for the RSMS visa, the employee (visa applicant) must:

                          • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                          • be under 50 years of age at the time of the application (unless exempt),
                          • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                          • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
                          • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

                      The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

                      In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


                      Conversion options

                      From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

                      Option 

                      Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

                      Option 

                      Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

                      Option 

                      Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

                      Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

                      Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


                      457 temporary work visas

                      There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

                      Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

                      The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

                      For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

                      How 457 sponsorship works

                      The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

                      Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

                      • spent at least one per cent of payroll; or 
                      • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

                      Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

                      The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

                      It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

                      How do I get a 457 visa?

                      In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

                      Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

                      All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


                      What's the best way to transition from a 457 to PR?

                      Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

                      Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


                      Employer sponsorship

                      The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

                      From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

                      • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
                      • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
                      • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

                      Two visa subclasses cover the above three scenarios:

                      Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

                      OR 

                      Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

                       


                      Permanent residency via skilled migration

                      The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

                      457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

                      All Skilled Migration applicants are required to:

                      • obtain a positive skills assessment in an occupation listed on the CSOL
                      • meet basic English requirements
                      • pass a points test (pass mark 60 points). 

                      Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

                      A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

                      • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
                      • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

                      Read more about state sponsorship.


                      Get 457 to PR ready

                      If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

                      If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


                      Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

                      The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

                      The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

                      Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

                      Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


                      Permanent Residency Via the Employer Nomination Scheme (ENS)

                      The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

                      1. Nomination Application By The Australian Business

                      2. Visa application by the prospective employee

                      ---------------------------------------------------------------------------------------------------------

                      Employer Nomination Scheme (ENS) - Nomination Application

                      Employer (sponsor) requirements

                      The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

                      Typical criteria includes that the employer must:

                      • be actively operating a lawful business in Australia
                      • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
                      • demonstrate a commitment to training Australian citizens or residents in their business
                      • be able and willing to provide the employee with an offer of permanent employment

                      Nominated position requirements

                      In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

                      • be a full-time position which is available for at least two years from the date of grant of permanent residence,
                      • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
                      • be at market salary rates for the nominated occupation
                      • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

                      --------------------------------------------------------------------------------------------------------

                      Employer Nomination Scheme (ENS) - Visa Application

                      Employee (visa applicant) requirements

                      In order to be eligible for the ENS visa, the employee (visa applicant) must:

                      • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                      • be under 50 years of age at the time of the application (unless exempt)
                      • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                      • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
                      • satisfy at least one of the following criteria:
                        • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

                          OR
                        • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

                      Regional Sponsored Migration Scheme (RSMS)

                      The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

                      The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

                      Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

                      1. Application for Regional Certifying Body approval of nomination.

                      2. Nomination application by the Australian business

                      3. Visa application by the prospective employee

                      --------------------------------------------------------------------------------------------------------

                      Application to Regional Certifying Body & Nomination Application

                      The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

                      The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

                      Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

                      Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

                      --------------------------------------------------------------------------------------------------------

                      Regional Sponsored Migration Scheme (RSMS) - Visa Application

                      In order to be eligible for the RSMS visa, the employee (visa applicant) must:

                      • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                      • be under 50 years of age at the time of the application (unless exempt),
                      • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                      • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
                      • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

                  The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

                  In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


                  Conversion options

                  From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

                  Option 

                  Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

                  Option 

                  Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

                  Option 

                  Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

                  Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

                  Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


                  457 temporary work visas

                  There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

                  Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

                  The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

                  For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

                  How 457 sponsorship works

                  The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

                  Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

                  • spent at least one per cent of payroll; or 
                  • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

                  Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

                  The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

                  It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

                  How do I get a 457 visa?

                  In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

                  Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

                  All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


                  What's the best way to transition from a 457 to PR?

                  Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

                  Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


                  Employer sponsorship

                  The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

                  From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

                  • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
                  • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
                  • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

                  Two visa subclasses cover the above three scenarios:

                  Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

                  OR 

                  Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

                   


                  Permanent residency via skilled migration

                  The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

                  457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

                  All Skilled Migration applicants are required to:

                  • obtain a positive skills assessment in an occupation listed on the CSOL
                  • meet basic English requirements
                  • pass a points test (pass mark 60 points). 

                  Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

                  A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

                  • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
                  • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

                  Read more about state sponsorship.


                  Get 457 to PR ready

                  If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

                  If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


                  Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

                  The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

                  The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

                  Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

                  Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


                  Permanent Residency Via the Employer Nomination Scheme (ENS)

                  The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

                  1. Nomination Application By The Australian Business

                  2. Visa application by the prospective employee

                  ---------------------------------------------------------------------------------------------------------

                  Employer Nomination Scheme (ENS) - Nomination Application

                  Employer (sponsor) requirements

                  The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

                  Typical criteria includes that the employer must:

                  • be actively operating a lawful business in Australia
                  • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
                  • demonstrate a commitment to training Australian citizens or residents in their business
                  • be able and willing to provide the employee with an offer of permanent employment

                  Nominated position requirements

                  In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

                  • be a full-time position which is available for at least two years from the date of grant of permanent residence,
                  • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
                  • be at market salary rates for the nominated occupation
                  • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

                  --------------------------------------------------------------------------------------------------------

                  Employer Nomination Scheme (ENS) - Visa Application

                  Employee (visa applicant) requirements

                  In order to be eligible for the ENS visa, the employee (visa applicant) must:

                  • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                  • be under 50 years of age at the time of the application (unless exempt)
                  • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                  • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
                  • satisfy at least one of the following criteria:
                    • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

                      OR
                    • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

                  Regional Sponsored Migration Scheme (RSMS)

                  The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

                  The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

                  Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

                  1. Application for Regional Certifying Body approval of nomination.

                  2. Nomination application by the Australian business

                  3. Visa application by the prospective employee

                  --------------------------------------------------------------------------------------------------------

                  Application to Regional Certifying Body & Nomination Application

                  The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

                  The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

                  Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

                  Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

                  --------------------------------------------------------------------------------------------------------

                  Regional Sponsored Migration Scheme (RSMS) - Visa Application

                  In order to be eligible for the RSMS visa, the employee (visa applicant) must:

                  • have an eligible employer who is willing to sponsor them for permanent residency to Australia
                  • be under 50 years of age at the time of the application (unless exempt),
                  • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
                  • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
                  • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

              The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

              In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


              Conversion options

              From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

              Option 

              Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

              Option 

              Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

              Option 

              Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

              Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

              Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


              457 temporary work visas

              There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

              Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

              The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

              For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

              How 457 sponsorship works

              The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

              Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

              • spent at least one per cent of payroll; or 
              • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

              Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

              The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

              It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

              How do I get a 457 visa?

              In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

              Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

              All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


              What's the best way to transition from a 457 to PR?

              Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

              Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


              Employer sponsorship

              The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

              From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

              • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
              • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
              • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

              Two visa subclasses cover the above three scenarios:

              Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

              OR 

              Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

               


              Permanent residency via skilled migration

              The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

              457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

              All Skilled Migration applicants are required to:

              • obtain a positive skills assessment in an occupation listed on the CSOL
              • meet basic English requirements
              • pass a points test (pass mark 60 points). 

              Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

              A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

              • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
              • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

              Read more about state sponsorship.


              Get 457 to PR ready

              If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

              If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


              Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

              The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

              The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

              Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

              Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


              Permanent Residency Via the Employer Nomination Scheme (ENS)

              The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

              1. Nomination Application By The Australian Business

              2. Visa application by the prospective employee

              ---------------------------------------------------------------------------------------------------------

              Employer Nomination Scheme (ENS) - Nomination Application

              Employer (sponsor) requirements

              The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

              Typical criteria includes that the employer must:

              • be actively operating a lawful business in Australia
              • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
              • demonstrate a commitment to training Australian citizens or residents in their business
              • be able and willing to provide the employee with an offer of permanent employment

              Nominated position requirements

              In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

              • be a full-time position which is available for at least two years from the date of grant of permanent residence,
              • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
              • be at market salary rates for the nominated occupation
              • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

              --------------------------------------------------------------------------------------------------------

              Employer Nomination Scheme (ENS) - Visa Application

              Employee (visa applicant) requirements

              In order to be eligible for the ENS visa, the employee (visa applicant) must:

              • have an eligible employer who is willing to sponsor them for permanent residency to Australia
              • be under 50 years of age at the time of the application (unless exempt)
              • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
              • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
              • satisfy at least one of the following criteria:
                • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

                  OR
                • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

              Regional Sponsored Migration Scheme (RSMS)

              The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

              The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

              Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

              1. Application for Regional Certifying Body approval of nomination.

              2. Nomination application by the Australian business

              3. Visa application by the prospective employee

              --------------------------------------------------------------------------------------------------------

              Application to Regional Certifying Body & Nomination Application

              The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

              The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

              Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

              Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

              --------------------------------------------------------------------------------------------------------

              Regional Sponsored Migration Scheme (RSMS) - Visa Application

              In order to be eligible for the RSMS visa, the employee (visa applicant) must:

              • have an eligible employer who is willing to sponsor them for permanent residency to Australia
              • be under 50 years of age at the time of the application (unless exempt),
              • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
              • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
              • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

          The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

          In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


          Conversion options

          From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

          Option 

          Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

          Option 

          Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

          Option 

          Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

          Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

          Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


          457 temporary work visas

          There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

          Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

          The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

          For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

          How 457 sponsorship works

          The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

          Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

          • spent at least one per cent of payroll; or 
          • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

          Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

          The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

          It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

          How do I get a 457 visa?

          In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

          Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

          All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


          What's the best way to transition from a 457 to PR?

          Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

          Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


          Employer sponsorship

          The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

          From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

          • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
          • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
          • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

          Two visa subclasses cover the above three scenarios:

          Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

          OR 

          Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

           


          Permanent residency via skilled migration

          The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

          457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

          All Skilled Migration applicants are required to:

          • obtain a positive skills assessment in an occupation listed on the CSOL
          • meet basic English requirements
          • pass a points test (pass mark 60 points). 

          Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

          A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

          • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
          • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

          Read more about state sponsorship.


          Get 457 to PR ready

          If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

          If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


          Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

          The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

          The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

          Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

          Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


          Permanent Residency Via the Employer Nomination Scheme (ENS)

          The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

          1. Nomination Application By The Australian Business

          2. Visa application by the prospective employee

          ---------------------------------------------------------------------------------------------------------

          Employer Nomination Scheme (ENS) - Nomination Application

          Employer (sponsor) requirements

          The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

          Typical criteria includes that the employer must:

          • be actively operating a lawful business in Australia
          • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
          • demonstrate a commitment to training Australian citizens or residents in their business
          • be able and willing to provide the employee with an offer of permanent employment

          Nominated position requirements

          In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

          • be a full-time position which is available for at least two years from the date of grant of permanent residence,
          • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
          • be at market salary rates for the nominated occupation
          • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

          --------------------------------------------------------------------------------------------------------

          Employer Nomination Scheme (ENS) - Visa Application

          Employee (visa applicant) requirements

          In order to be eligible for the ENS visa, the employee (visa applicant) must:

          • have an eligible employer who is willing to sponsor them for permanent residency to Australia
          • be under 50 years of age at the time of the application (unless exempt)
          • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
          • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
          • satisfy at least one of the following criteria:
            • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

              OR
            • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

          Regional Sponsored Migration Scheme (RSMS)

          The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

          The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

          Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

          1. Application for Regional Certifying Body approval of nomination.

          2. Nomination application by the Australian business

          3. Visa application by the prospective employee

          --------------------------------------------------------------------------------------------------------

          Application to Regional Certifying Body & Nomination Application

          The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

          The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

          Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

          Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

          --------------------------------------------------------------------------------------------------------

          Regional Sponsored Migration Scheme (RSMS) - Visa Application

          In order to be eligible for the RSMS visa, the employee (visa applicant) must:

          • have an eligible employer who is willing to sponsor them for permanent residency to Australia
          • be under 50 years of age at the time of the application (unless exempt),
          • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
          • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
          • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

      The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

      In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


      Conversion options

      From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

      Option 

      Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

      Option 

      Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

      Option 

      Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

      Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

      Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


      457 temporary work visas

      There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

      Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

      The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

      For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

      How 457 sponsorship works

      The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

      Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

      • spent at least one per cent of payroll; or 
      • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

      Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

      The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

      It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

      How do I get a 457 visa?

      In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

      Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

      All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


      What's the best way to transition from a 457 to PR?

      Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

      Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


      Employer sponsorship

      The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

      From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

      • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
      • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
      • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

      Two visa subclasses cover the above three scenarios:

      Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

      OR 

      Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

       


      Permanent residency via skilled migration

      The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

      457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

      All Skilled Migration applicants are required to:

      • obtain a positive skills assessment in an occupation listed on the CSOL
      • meet basic English requirements
      • pass a points test (pass mark 60 points). 

      Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

      A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

      • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
      • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

      Read more about state sponsorship.


      Get 457 to PR ready

      If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

      If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


      Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

      The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

      The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

      Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

      Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


      Permanent Residency Via the Employer Nomination Scheme (ENS)

      The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

      1. Nomination Application By The Australian Business

      2. Visa application by the prospective employee

      ---------------------------------------------------------------------------------------------------------

      Employer Nomination Scheme (ENS) - Nomination Application

      Employer (sponsor) requirements

      The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

      Typical criteria includes that the employer must:

      • be actively operating a lawful business in Australia
      • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
      • demonstrate a commitment to training Australian citizens or residents in their business
      • be able and willing to provide the employee with an offer of permanent employment

      Nominated position requirements

      In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

      • be a full-time position which is available for at least two years from the date of grant of permanent residence,
      • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
      • be at market salary rates for the nominated occupation
      • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

      --------------------------------------------------------------------------------------------------------

      Employer Nomination Scheme (ENS) - Visa Application

      Employee (visa applicant) requirements

      In order to be eligible for the ENS visa, the employee (visa applicant) must:

      • have an eligible employer who is willing to sponsor them for permanent residency to Australia
      • be under 50 years of age at the time of the application (unless exempt)
      • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
      • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
      • satisfy at least one of the following criteria:
        • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

          OR
        • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

      Regional Sponsored Migration Scheme (RSMS)

      The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

      The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

      Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

      1. Application for Regional Certifying Body approval of nomination.

      2. Nomination application by the Australian business

      3. Visa application by the prospective employee

      --------------------------------------------------------------------------------------------------------

      Application to Regional Certifying Body & Nomination Application

      The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

      The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

      Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

      Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

      --------------------------------------------------------------------------------------------------------

      Regional Sponsored Migration Scheme (RSMS) - Visa Application

      In order to be eligible for the RSMS visa, the employee (visa applicant) must:

      • have an eligible employer who is willing to sponsor them for permanent residency to Australia
      • be under 50 years of age at the time of the application (unless exempt),
      • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
      • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
      • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

The Subclass 457 visa (Temporary Business - Long Stay) can create a pathway to permanent residency in Australia. 

In 2010–11, 41,710 people transitioned from a subclass 457 visa to permanent residence or a provisional visa with 96.2 per cent granted Australian permanent residency under the Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labour Agreement or Skilled Independent visa programs.


Conversion options

From 1 July 2012, the transition from a 457 visa to permanent residency was substantially simplified with 457 visa holders now able to progress to Australian permanent residency in one of the following ways:

Option 

Employer Sponsored - Temporary Transition Pathway. Work in Australia on a 457 visa for 2 years with the sponsor in the nominated occupation.

Option 

Employer Sponsored - Direct Entry Pathway. Skills Assessment plus 3 years work experience in the nominated occupation. If a position in a regional area, a skills assessment may not be required (except if a trade).

Option 

Skilled Migration visas can be granted while 457 visa holders remain in Australia on a 457 visa (skills assessment, pass mark and invitation from Australian Government required under Skill Select).

Skilled Migration applications can be made as an independent or with a State or Territory Government Sponsor.

Note: The pathway from a 457 visa to permanent residency has also been further simplified by the introduction of the Consolidated Skilled Occupation List (CSOL) which is used for the 457 visa, ENS permanent residency and Skilled State Sponsored visas.


457 temporary work visas

There is no doubt that 457 visa holders make an important contribution to the Australian workforce, with more than 105,000 in Australia at 31 January 2013. 

Unless workers are hired under a specific labour agreement, employers can only sponsor visa applicants on 457 visas for skilled positions in occupations listed on the Consolidated Sponsored Occupations List (CSOL).

The CSOL only includes skilled occupations that require qualifications at bachelor, diploma or trade level qualifications (or equivalent experience).

For positions at lower skill levels, those workers must be sponsored under specific labour agreements negotiated with the Department of Immigration and Citizenship (DIAC).

How 457 sponsorship works

The sponsorship approval process requires an Australian business to satisfy a range of criteria to become a Standard Business Sponsor.  

Most significant among these is the requirement that intending Australian business sponsors are able to demonstrate a commitment to training Australian workers, which they must prove with evidence that they have:

  • spent at least one per cent of payroll; or 
  • made a payment equivalent of two per cent of payroll into an Australian industry training fund. 

Employers are then monitored by DIBP and required to meet stringent ongoing sponsorship obligations.

The Australian business must then nominate a position for approval.  This requires the business to demonstrate that the position is at the required skill level and that terms and conditions are equivalent to Australian market rates. High salary positions are exempt from this requirement.

It is only once the Australian business has been approved as a sponsor and the nominated position approved that a 457 temporary work visa can be granted.  

How do I get a 457 visa?

In order for an applicant to be granted a 457 visa, they must have skills at the quoted level for the position according to the Australia New Zealand Standard Classification of Occupations (ANZSCO). While there is an English language requirement, it is generally only trade occupations that are required to be tested for the 457 visa.

Once granted, the 457 visa is a temporary visa that allows applicants to stay in Australia for up to four years while they are working for their sponsoring employer. This is a condition of the visa.

All 457 visa holders have the right to change employer, but if they do, that new employer must be an approved sponsor and the visa holder must hold an approved position at all times.


What's the best way to transition from a 457 to PR?

Generally the best pathway from a 457 visa to permanent residency status is via the Employer Sponsored scheme or through Skilled Migration.

Close to four out of every five holders of 457 visas who transition to permanent residency are granted a permanent employer-sponsored visa, most commonly through the ENS/RSMS program with an employer offer of a further two years employment, or through the Skilled Migration visa program without direct employer sponsorship.


Employer sponsorship

The Employer Sponsored scheme requires that 457 visa holders have an Australian employer who has nominated them for an eligible position that will continue for at least two years.

From 1 July 2012, the transition to permanent residency under the Employer Sponsored scheme was substantially simplified; 457 visa holders are now able to progress to permanent residency under:

  • the Temporary Transition stream (when in Australia on a 457 for more than 2 years)
  • the Direct Entry stream (when in Australia on a 457 for less than 2 years but for ENS have completed a skills assessment and have at least three years total experience in their occupation or for RSMS have qualifications at the required level and Regional Certifying Body Approval).  
  • The stream for applicants who were brought to Australia under a specific agreement negotiated with DIAC. 

Two visa subclasses cover the above three scenarios:

Where the position is located in a metropolitan area, the application is for a subclass 186 Employer Nomination Scheme visa

OR 

Where the position is in a regional area, the application is for a subclass 187 Regional Sponsored Migration Scheme visa.

 


Permanent residency via skilled migration

The grant of a Skilled Migration visa is based on your particular skills and characteristics measured on a points test. A job offer or employer in Australia is not required.

457 visa holders can remain in Australia while they apply for their Skilled Migration visa and, once granted, the visa will cease.

All Skilled Migration applicants are required to:

  • obtain a positive skills assessment in an occupation listed on the CSOL
  • meet basic English requirements
  • pass a points test (pass mark 60 points). 

Skilled Migration applications are made under DIAC’s SkillSelect process, where an applicant lodges an Expression of Interest and awaits an invitation from the Australian Government to lodge an application.

A Skilled Migration independent application is made under subclass 189 or Skilled Migration with a State Government sponsor under subclass 190.

  • The subclass 189 visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.
  • The subclass 190 visa is for skilled workers who are nominated by a state or territory government.

Read more about state sponsorship.


Get 457 to PR ready

If you have been in Australia for less than two years on a 457 and want to apply under the Employer Sponsored scheme or if you want to apply for Skilled Migration, you will need to start with a skills assessment for your nominated occupation and obtain evidence of your employment experience.  Contact us for advice on the skills assessment and visa criteria.

If you have been on your 457 visa for two years, speak to your employer to find out if they have a long-term position available for at least two years – then you can start the process now. Contact us to confirm your eligibility today.


Employer Nomination Scheme (ENS) & Regional Sponsored Migration Scheme (RSMS) Visas

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees from overseas for a permanent visa to work in Australia.

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees from overseas for a permanent visa to work in Australia.

Sponsorship under an ENS or RSMS visa requires an eligible sponsor (the employer) an eligible nominated occupation, and an eligible visa applicant (the employee).

Both the ENS and RSMS visas enable Australian employers to sponsor skilled workers for a permanent visa to work in their Australian business in an eligible nominated position. The sponsored worker can be from overseas or currently in Australia if they hold an eligible visa. 


Permanent Residency Via the Employer Nomination Scheme (ENS)

The Employer Nomination Scheme can be used to sponsor overseas workers for permanent residency in all parts of Australia. Applying for permanent residency under the ENS is a two- step process:

1. Nomination Application By The Australian Business

2. Visa application by the prospective employee

---------------------------------------------------------------------------------------------------------

Employer Nomination Scheme (ENS) - Nomination Application

Employer (sponsor) requirements

The requirements for the employer differ depending whether an applicant will be sponsored under the Temporary Transition or the Direct Entry pathways.

Typical criteria includes that the employer must:

  • be actively operating a lawful business in Australia
  • demonstrate a genuine need for a paid, skilled employee to fill a position in their business, comply with all relevant Australian laws and demonstrate a satisfactory record of meeting immigration laws (if applicable)
  • demonstrate a commitment to training Australian citizens or residents in their business
  • be able and willing to provide the employee with an offer of permanent employment

Nominated position requirements

In order to be eligible for the ENS visa, the nominated occupation for which the employer intends to recruit the visa applicant must:

  • be a full-time position which is available for at least two years from the date of grant of permanent residence,
  • provide working conditions which are equal to those provided for under the relevant Australian legislation and awards,
  • be at market salary rates for the nominated occupation
  • If direct entry application, be a highly skilled occupation which is listed on the Consolidated Skilled Occupation List (CSOL).

--------------------------------------------------------------------------------------------------------

Employer Nomination Scheme (ENS) - Visa Application

Employee (visa applicant) requirements

In order to be eligible for the ENS visa, the employee (visa applicant) must:

  • have an eligible employer who is willing to sponsor them for permanent residency to Australia
  • be under 50 years of age at the time of the application (unless exempt)
  • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
  • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation, and+
  • satisfy at least one of the following criteria:
    • have received a positive skills assessment by an approved assessing authority and (unless exempt) have at least three years full-time work experience in the nominated occupation before lodging an application for an ENS visa.

      OR
    • have worked full time in Australia for 2 years on a 457 visa for the sponsoring employer, in the nominated occupation.

Regional Sponsored Migration Scheme (RSMS)

The Regional Sponsored Migration Scheme can be used to sponsor overseas workers for permanent residency in designated regional areas of Australia. 

The RSMS includes all areas in Australia except Sydney, Wollongong, Newcastle, Brisbane, Gold Coast and Melbourne. In these regions sponsors must apply under the Employer Nomination Scheme.

Applying for permanent residency under the RSMS scheme under the Direct Entry Pathway is a three-step process:

1. Application for Regional Certifying Body approval of nomination.

2. Nomination application by the Australian business

3. Visa application by the prospective employee

--------------------------------------------------------------------------------------------------------

Application to Regional Certifying Body & Nomination Application

The Regional Sponsored Migration Scheme enables employers in regional areas to sponsor overseas workers for permanent residency for a broader range of occupations.

The role of the Regional Certifying Body in an RSMS application is to verify the genuine need in the particular regional area for the nominated occupation and the appropriateness of the nominated salary level and terms and conditions being offered.

Each regional area has an approved Regional Certifying Body authorised to consider and certify Nomination Applications in the area. The various RCBs each follow processes and requirements specific to their particular regional area. These are distinct from the requirements of the Department of Immigration and Citizenship requirements to approve a Nomination or Visa Application.

Once the Regional Certifying body has certified the nomination, the employer lodges a nomination application with the Department of Immigration and Citizenship.

--------------------------------------------------------------------------------------------------------

Regional Sponsored Migration Scheme (RSMS) - Visa Application

In order to be eligible for the RSMS visa, the employee (visa applicant) must:

  • have an eligible employer who is willing to sponsor them for permanent residency to Australia
  • be under 50 years of age at the time of the application (unless exempt),
  • meet English language requirements (temporary transition scheme IELTS 5.0, direct entry scheme IELTS 6.0), unless exempt
  • meet any mandatory licensing, registration or professional membership requirements for the nominated occupation
  • have qualifications at the required level for direct entry or 2 years on a 457 in the nominated occupation under the temporary transition scheme

 
Australian Migration Lawyer

Testimonials

The attention to detail availability for consultancy provided a worry-free process, and gave me the confidence to entrust her with my immigrant visa application.

I would like to convey my sincere appreciation to Ms. Melissa Haag for the efficient and professional service she provided in helping me obtain my permanent residency.  She kept...
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Frequently Asked Questions

Q. How long is my Australian Permanent Residency valid for?

A. The Permanent Residency visa is valid for a period of 5 years, but you will be entitled to remain in Australia even if the visa expires, if you are in Australia at that time.

During the validity period of the Permanent Residency visa, you have the...
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