Employer Sponsor Visas
482 TSS (formerly 457)
The 482 is designed to quickly address staff shortages in your business it has replaced the 457. Depending on which occupation you need filled, the visa can be granted for up to 2 or 4 years. There are some obligations that come with sponsoring a foreign worker. We don’t find any of them too offensive but certainly if you talk to a lawyer/agent and they don’t bring them up, please proceed with extreme caution.
After working for you as a 482 visa holder for 2 years, you may be able to sponsor the employee for permanent residency.
A candidate must have at least 2 years’ work experience to qualify for this visa, sometimes more.
Online, you will read a lot of information about two years’ experience being required for grant of 482 visa. However, if you don’t meet such eligibility criteria but have found a company interested in sponsoring you, please contact us to discuss potential alternatives.
407 – Training Visa
We primarily refer to the 407 visa as the training visa although there are other streams. On face value the visa looks quite simple but in reality we see countless refusals from inexperienced agents. The training plan is the crux of the application.
The training visa has no minimum salary but employers are still bound by employment law entitlements.
The idea of this visa is that the business is helping the candidate develop their already existing skill set, their experience in the industry needs to be recent, either by virtue of work experience or studies (or a combination of both)
408 – Religious and Entertainment Visas
There are many different streams to this visa. We specialize particularly in the religious and entertainment worker streams. Religious and Entertainment workers (comedians, DJs, crew, performers, etc.) can be sponsored for up to two years at a time (renewable). There is no direct PR path on this visa neither is there a minimum salary.
Labour Agreement
Labour agreements are very different to a typical visa application. It is not a case of those meeting specific criteria being granted a visa but rather it involves a negotiation process with the Department.
Labour agreements should fill very genuine needs in the labour market and can access positions at a lower skill level than any other visa stream. Labour agreements can create pathways to PR that do not currently exist under the migration laws.
DAMA
Designated Area Migration Agreements are a type of labour agreement which provide flexibility for regions to respond to their unique economic and labour market conditions. In such special circumstances, businesses can have access to overseas workers which wouldn’t otherwise be available.
We have the ability to negotiate new labour agreements as well as further exemptions to age, English, salary etc. requirements as required.
If you have found an employer who is based in a region that has a DAMA agreement e.g. Far North QLD, South Australia, N.T. we’d be happy to assess your and their eligibility.
Subclass 494
This is a 5 year visa with a pathway to PR after 3 years. You need to be sponsored by an employer located in a regional area. 494 visa holders cannot apply for PR sooner than waiting out 3 years (even via other via programs).
Eligibility criteria includes skills assessment, at least 3 years skilled work experience in your nominated occupation, competent English language (IELTS 6.0 in each category or equivalent) and earning at least (but sometimes more than) TSMIT (unless under the labour agreement stream. TSMIT is currently $70,000 p.a. + super sometimes more.
To achieve PR you must comply with your visa conditions for 3 years which include only working for your employer sponsor, and all visa holders being restricted to living/working/studying in regional areas. If you lose your job you’ll need to find a new sponsor to keep your visa. This visa will cost the employer at least $3000 in government fees. You cannot pay this fee on their behalf.
186
There are three streams for this permanent residency visa – direct, transition and labour agreement.
Transition stream applicants must have been working for their sponsoring employer for 2 years and they must have held a 482/457 visa for those 2 years (time spent waiting on a bridging visa for the first 482 grant is not counted in these 2 years, some spent on a BV between two 482 visas can typically count towards the 2 year requirement. . The Department assess compliance with conditions on their 457/482.
Direct entry stream requires 3 years full time skilled work experience and a positive skills assessment. Occupation must be listed on the medium to long term skilled list.
Minimum salary of at least $70,000 p.a. + super (sometimes more and some exceptoins) applies.
6 in each category of IELTS (or equivalent test) is required for the 186 visa (unless otherwise stated in the labour agreement) .
400
Short stay business visas are for visits are great when trying to bring in international talent to train Australian staff or work on other short projects. Typically it is not feasible to include family members on 400 visas.
Skilled Visas
189 Independent Skilled Visa (PR) You must receive an invitation to apply for this visa. This is a points based visa65 points at a minimum are required. Note however that 65 points guarantees you nothing. Make sure you choose an agent that explains the expression of interest process to you and does a proper assessment of your timeline, especially if you need a bridging visa.
Having the right amount of points isn’t the only criteria, you also need a skills assessment. Some occupations are much more competitive than others and 65 points is insufficient for many occupations. The maximum age for this visa is 45. English language test score is typically one of the key factors contributing to the points score.
190 State Sponsored PR Visa
You must receive an invitation to apply for this visa. This is a points based visa65 points are required to be eligible for this visa. If a state chooses to sponsor you based on your occupation being on their list you will earn an extra 5 points. 65 points does not guarantee you an invitation or a visa..
Typically if you are onshore you need to have been living in that state for some time before you will be chosen. This visa subclass is very finicky, if this if your PR plan know that the states can change their rules at any time and tend to do so even more often than the Department. Seek professional advice to make sure you don’t place your bets on the wrong visa.
Often the hardest part about this visa is the skills assessment. The maximum age for this visa is 45 and the english test score is often an important part in achieving points.
Subclass 491 (formerly 489)
This is a 5 year visa with a pathway to PR typically after 3 years complying with the visa conditions which include living/working/studying in a regional area. You need to be sponsored either by a regional area or a family member living in a regional area.
Eligibility criteria includes points tests, skills assessment and nominated by a state or family member. Sponsorship awards you 15 points. For a family member to sponsor you, your occupation must be on the long term list. For state sponsorship each state has their own list of occupations and conditions under which they will be wiling to sponsor.
Typically, if you are onshore, you need to have been living in the state for some time before you will be chosen unless you have a job offer in your nominated occupation.
This visa subclass is very finicky, if this is your PR plan be aware that states can change their rules at any time and tend to do so even more often than the Department. Seek professional advice to make sure you don’t place your bets on the wrong visa, especially if you are making an onshore application and need to receive an invitation before your current visa expires.
Often the hardest part about qualifying for this visa is the skills assessment and selecting which state you meet the criteria for.
Points
Points for skilled visas can be earned in a number of ways. The most amount of points come from your age with the ‘perfect’ migration age being between 25 and 33. English language test scores are another big point earner, as well as education and work experience.
Family Visas
Partner Visas
It can feel strange having to prove your relationship to the Department but unfortunately there is no way around this. These visas (onshore, offshore, fiance’/ prospective marriage visa) can have a really long waiting time so some people reduce their stress levels by appointing an agent who will be on the other side of the phone every time they need assurance. There is a trend where well lodged applications are fast tracked. We tell our clients we often get grants in 8 months but can’t guarantee this time frame.
Child Visas
Child visas for those over the age of 18 are possible but require meticulous attention from a migration agent/lawyer. There are age limits for most applicants so, if you have Aus PR or citizenship, and have a child that doesn’t, do not delay in getting your case assessed.
Parent
Contributory parent visas cost ~$50,000 per person. You are able to spread the cost over two applications (7 years +-) if need be. If the parents were born after a certain date as per the Australian pension age, there may have a cheaper parent visa option. Contact us for an assessment of your personal circumstances.
Remaining Relative
We do not assist with offshore remaining relative applications. The waiting list is far too long for anyone to get their hopes up. There is an onshore option we can talk to you about.
Carer Visa
This visa sounds a lot less complicated than it is. This should be a last resort. You should have limited family in Australia for this to be an appropriate visa for you. In the right circumstances we can help but if you talk to an agent that makes it sound easy please be careful.
Student Visas
The biggest thing for a student visa is the genuinenesscriteria. Do not let an agent use any sort of template as this statement should be reflecting your individual circumstances. We have had successful cases that have shocked some people such as accountants with more than 4 years experience from assessment level 3 countries wanting to study to be mechanics.
If PR is your goal you want to think carefully about what course you enrol into to see if it will open up any pathways for you.
Graduate Visa
If you study in Australia for 2 years you may be able to get 2 of more years of se unlimited working rights in Australia. This time period is often vital to get you ready for a PR application. The application itself doesn’t necessarily look that complicated but the processes for this visa are very strict and the smallest mistake can lead to visa refusal. Not all studies will lead to graduate visa eligibility.
Tourist Visa 600
The Department are looking for reasons why a tourist will comply with visa conditions and return home after their trip. There are a range of things that contribute to this. They are also looking for ulterior motives. If you are thinking of coming to Australia as a tourist and then applying for another visa it can be very much worth your while to contact a registered agent / lawyer. Lately we have had a lot of success lodging tourist visas and avoiding the 8503 no further stay condition.
Investor Visas
As of February 2024, new 188 applications are currently not an option. We can assist with current 188 visa holders and the transition from 188 to PR. That said, often we find these visas are not the quickest pathway to permanent residency.
Subclass 602: Medical Treatment Visa
This is a temporary visa which allows applicants to travel to or remain longer in Australia for the purpose of receiving medical treatment. Visa holders can also apply for a family member or next of kin to travel to or remain longer in Australia to support them during their medical treatment.
Eligibility criteria for this visa includes having means to pay for medical treatment and/or having access to Australia’s reciprocal health care agreement. Whilst most visas cannot be lodged if applicant has had a visa refused while in Australia, this visa provides an exemption to this rule.
Appeals
We specialise in the out of the ordinary. Our success stories include:
- 4020 accusations of providing fraudulent and misleading information
- Schedule 3 partner visa cases
- Student visa refusals
- Student visa cancellations
For us to be able to assess your chances of success we need to see your decision record and a copy of what you attached to your application. Don’t forget about the strict time lines for lodging an appeal.
For some clients even if the case is not winnable at the AAT we might still be able to work out a plan to help.
Tips For Choosing The Right Agent / Lawyer
- Being called a lawyer or a registered migration agent is not enough! Just like in any industry some people are terrific at their job and others terrible. Don’t trust the title investigate the person.
- When you are signing up check if you are choosing a firm or an agent. Some big firms pass their file to several agents causing a lot of stress for clients.
- Online reviews that can be verified such as Google and Facebook (check if they have a profile and are active and are not fake accounts) can give you some insight into their work.
- The amount of years someone has been working isn’t always indicative of skill level. I have interviewed some agents with many years experience but lodging 10 visas a year is very different to 30 a month.
- If you are onshore (in australia) make sure your agent has onshore experience. there are so many rules that offshore agents just don’t get to work with.
- If you are signing up for any type of skilled or work visa and haven’t shown any documents to your agent they may not have the information they need to make a proper assessment. If it seems too easy something is probably wrong.
- No agent should ever guarantee any outcome