Migration Services (Business)

If you need to bring skilled workers to Australia to work in your business, or you’re an entrepreneur looking to invest in or start a business in Australia, there are plenty of temporary and permanent visa options available.

Bringing in a skilled worker or investing in Australia is an important business decision. Using our services to check eligibility, review documentation and ensure submission deadlines and criteria are met will significantly reduce the risk to your business.
Regulations and policy change frequently, so call us to find out more about your options and eligibility.
Services we offer include:

  • Assessment of Australian visa options
  • Full visa application assistance
  • Review of draft visa applications prepared by you
  • Representation with the Administrative Appeals Tribunal, in the judicial system or to the Minister.

We can help you select a service package that suits your circumstances and your budget. Please call us to discuss.

If you’re an entrepreneur and you want to start a business in, or invest in a business in Australia, there are other options for you. Again, give me a call to find out more details, but the basic visa class to look at is the
Business Innovation and Investment (Provisional Visa) (Subclass 188).

Here are some basic pointers on the most common visa types:

Temporary Work (Skilled) Visa (Subclass 457)

This visa allows you to employ a full-time person for a minimum of 1 day up to a maximum of 4 years. The person can only work for you, in the position you nominate. A 457 Visa is a pathway to Australian Permanent Residence.

There is a three-step process which must be followed in order:

1. Sponsorship application by you, for which you must prove a number of things, including:

  • legal operation of your business
  • you can meet training requirements (Australian employers only)
  • no adverse information relating to compliance agreement on nominated positions.

2. Nomination application by you, for which you must prove a number of things, including:

  • genuine need for the position – position is skilled
  • position attracts a market salary for an Australian which is above the threshold salary
  • the position corresponds to an occupation on the current Consolidated Skilled Occupations List.

3. Visa application by employee, for which they must prove a number of things, including:

  • their identity
  • that their skills and experience can satisfy those required for the nominated position including any licensing or registration requirements
  • vocational English skills
  • that they meet health insurance requirements.
Training and Research Visa (Subclass 402)

This visa is useful if you want to run occupational training, professional development programs or research that people from overseas will attend. The process is a 3-step process similar to that for a 457 Visa. The most common eligibility challenges for employers are:

  • that the training program needs to be structured and meet the requirements
  • occupational training programs must be a minimum of 30 hours per week, with a minimum 70% of that workplace-based
  • professional development programs need to be part of an eligible professional development agreement with an eligible overseas employer.

For attendees to be eligible, they must meet strict criteria such as:

  • be over 18 years old – meet the requirements of the training program
  • have adequate finances
  • meet health insurance, health and character requirements.
Employer Nomination Scheme (Subclass 186)

This visa class is designed for full-time ongoing positions, and is a pathway to Australian Residency. To apply you will need to nominate a full-time position that is ongoing for a minimum of two years and meets the training requirements associated with each of the three streams (below). Your employee (or prospective employee) will need to pass age, skills, health, English proficiency and character checks.

  1. Direct Entry. You will need to nominate a position in an occupation that is on the Consolidated Skilled Occupations List. The position must be full-time and ongoing for at least two years. The visa applicant will need to take an assessment from a skills assessing body and have at least three years relevant work experience post-qualification and competent English.
  2. Temporary Residence Transition Stream. This stream is ideal if you want to nominate a position for an employee on a 457 Visa who has worked with you for at least two years and has functional English.
  3. Labour Agreement. For this stream you will need to have a Labour Agreement that specifies the eligibility criteria required for the visa. There are two steps to applying for an Employer Nomination Scheme visa: 
    1. You nominate a position that is full-time, ongoing for at least two years and must meet training requirements (these vary for each stream) and other criteria.
    2. The employee or prospective employee applies for the visa.
Regional Sponsored Migration Scheme (Subclass 187)

This is similar to the Employer Nomination Scheme (Subclass 186) in that it is for full-time ongoing positions and is a pathway to Australian Residency, but you need to be located in regional Australia.You can also nominate a wider range of occupations and it can be easier for an applicant to prove their skills. To apply you will need to nominate a full-time position that is ongoing for a minimum of two years and meets the training requirements associated with each of the three streams (below).
Your employee (or prospective employee) will need to pass age, skills, health, English proficiency and character checks.

  1. Direct Entry. You will need to nominate a position certified by a Regional Certifying Body. The position must be full-time and ongoing for at least two years. The visa applicant will need to prove their skills (trades may need a skills assessment) and competent English.
  2. Temporary Residence Transition Stream. This stream is ideal if you want to nominate a position for an employee on a 457 Visa who has worked with you for at least two years and has functional English.
  3. Labour Agreement. For this stream you will need to have a Labour Agreement that specifies the eligibility criteria for the required visa. There are three steps to applying for an Regional Sponsored Migration Scheme visa: 
    1. You have the position certified by a Regional Certifying Body.
    2. You apply to nominate the position full-time, ongoing for at least two years.
    3. The employee or prospective employee applies for the visa.
Business Innovation and Investment (Provisional Visa) (Subclass 188)

This visa is designed for entrepreneurs or business people who want to invest in or start a business in Australia. It has three pathways that, if you also satisfy character, health and residency criteria, allow you to apply for Permanent Residence with a Business Innovation and Investment (Residence) (Subclass 888) visa.

  1. Business Innovation. You must be under 55 years (waiver may apply), have a history of business activity and ownership, show sufficient personal assets and achieve a score of 65 on the business innovation points test.
  2. Investor. You must be under 55 years (waiver may apply), have a history of business activity and ownership, show sufficient personal assets, invest AUD$1.5m in a state or territory government security to be held for 4 years and achieve a score of 65 on the business innovation points test.
  3. Significant Investor. You are required to invest AUD$5m, which you own from legitimate sources, in complying investments for 4 years.
  4. Premium Investor. You are required to invest AUD$15, which you own from legitimate sources, in complying investments. You must be nominated by AUSTRADE to be eligible for this visa. There are three steps to applying for a Business Innovation and Investment visa: 
    1. Obtain Sponsorship by a State or Territory Government or by AUSTRADE
    2. Submit an Expression of Interest and be invited to apply for the visa
    3. Apply for the visa.

 

 

Comments are closed