Employer Sponsored – Permanent Residence

/Employer Sponsored – Permanent Residence
Employer Sponsored – Permanent Residence2018-05-24T08:51:31+00:00

Permanent Employer Sponsored Overview

The Permanent Employer Sponsored Entry (PESE) program allows Australian employers to recruit workers currently in Australia on a temporary visa or directly to fill skilled vacancies in their business. These skilled workers can be from overseas, or already living and working in Australia as temporary visa holders.

The Permanent Employer Sponsored program consists of the Employer Nomination Scheme (ENS) visa (subclass 186) and the Regional Sponsored Migration Scheme (RSMS) visa (subclass 187).

The Permanent Employer Sponsored Permanent Process

The assessment process for the grant of a visa under this program comprises of 2 stages:

Stage 1: Nomination Application: The employer lodges a nomination that specifies the details of the position and identifies the nominee.

Stage 2: Visa Application: The nominee applies for an ENS or RSMS visa.

The PESE program has 3 streams:

  1. Temporary Residence Transition (TRT) stream
  2. Direct Entry (DE) stream
  3. Labour Agreement (LA) stream (ENS only)

The TRT stream provides a transition pathway to permanent residence for primary subclass 457/TSS visa holders who have been working with the entity that wishes to nominate them for a total of at least 3 years in the 4 year period immediately before lodging the nomination (subject to any transitional arrangements).

For the nominated occupation to be eligible, it must be on the relevant occupation list at the time of nomination application (subject to any transitional arrangements).

The DE stream provides employers with the opportunity to employ workers who are untested in the Australian labour market and who may be outside Australia. This stream also accommodates workers within Australia who are ineligible for the TRT stream. For the nominated occupation to be eligible, it must be on the relevant occupation list at the time of nomination application.

The LA stream provides a pathway to permanent residence for employers who have negotiated a labour agreement with the Government which includes access to a permanent visa pathway. Overseas workers can only be nominated in the occupations listed in the labour agreement.

Employer-Sponsored Permanent Residence Criteria

Where an Australian employer applies to nominate a permanent position in their business operations under the Employer Nomination Scheme, an individual may apply for an associated Employer Sponsored Permanent Residence Visa.

The key requirements for approval are considered as part of the requirements for a business to nominate a position in the business when they apply to nominate the position, however, Visa Applicants must also meet requirements to apply for and be approved an employer-sponsored permanent residence visa.

Permanent Residence Visa – Temporary Transition Stream

Key requirements are:

  • Applicant under 45 years of age at the time of application (unless exempt)
  • Competent English language level at the time of application
  • Position is nominated by the employer, identifies the visa applicant and is approved
  • No adverse information known about the employer
  • The visa application is lodged within 6 months of approval of the Nomination
  • The position is still available to the applicant
  • The visa applicant and members of the family unit meet health and character requirements
  • For RSMS Visa Applications (Subclass 187) – the position is located in regional Australia

Permanent Residence Visa – Direct Entry Stream

Key requirements are as follows:

  • Applicant under 45 years of age at the time of application (unless exempt)
  • Competent English language level at the time of application (unless exempt)
  • Position is nominated by the employer, identifies the visa applicant and is approved
  • No adverse information known about the employer
  • The visa application is lodged within 6 months of approval of the Nomination
  • The position is still available to the applicant
  • The visa applicant and members of the family unit meet health and character requirements
  • The visa applicants occupation is specified in the relevant legislative instrument
  • The visa applicant has a suitable and valid skills assessment for permanent residence from a specified assessing authority in relation to the nominated occupation (if specified), or for RSMS
  • The visa applicant has been employed for at least 3 years full time at the level of skill required for the occupation
  • For RSMS Visa Applications (Subclass 187) – the position is located in regional Australia