Sponsored Visas
The 457 subclass visa allows a migrant worker to work in Australia for up to 4 years as long as the worker meets the standards set by the sponsoring employer.
The 418 subclass educational visa allows educators to retain residency in Australia through Australian educational sponsorship.
The Subclass 119/857 visa is a permanent visa for workers who wish to work in a certain region through the Regional Sponsored Migration Scheme.
The Subclass 121/856 visa is a permanent visa for highly skilled workers through the Employer Nomination Plan.
Subclass 121/856 Employer Nomination Scheme Permanent Visas
The Subclass 121 and Subclass 856 visas use the same criteria to obtain the visa. The difference between the two is that the application for Subclass 121 would be made by an applicant outside Australia and Subclass 856 would be made by an applicant living within Australia.
Both the 121 visa and the 856 visa are designed for highly skilled migrants who are working in skilled professions or jobs desired by Australian companies and employers. The employer must first meet specific conditions in order to successfully nominate an applicant.
Conditions include proof of:
- Be active and legal operators within Australia.
- Have a genuine need for an employee to fill the vacancy.
- Compliance with all immigration laws
- Training provisions for existing Australian employees
In addition, the job position offered must:
- Be for a minimum of 3 years
- Be full time
- Comply with all working conditions under Australian labor laws.
- Match an occupation on the ENS list of occupations, as published by a Government Gazette Notice
- Pay a minimum wage established by Australian immigration law.
121/856 visas have a couple of approaches that can be used for a successful application.
An applicant who has been working full time in Australia on a 457 visa for 2 years or more with a minimum of 12 months of working time with the nominated employer can apply within Australia.
Applicants for senior executive positions with a minimum salary of $ 165,500 can also have a positive visa application result.
If you are the applicant and the above 2 approaches are not an option, you will be asked to have your skills evaluated by an appropriate skills assessment authority along with 3 or more years of experience in the appropriate occupation. In exceptional circumstances, the 3 years of work experience can be waived.
When applying for a 121/856 visa, some special circumstances and exemptions may be taken into consideration. These special circumstances and exemptions have to do with the applicant’s age, abilities, and ability to speak English.
A good example of this would be an applicant who is not in the 45-50 age group. It would have to be shown that the position is vital to the operation of the business or the employer would have to show that it is not possible to find an applicant who is under 45 and is qualified to handle the responsibilities of the job. In these circumstances, the application is likely to be successful.
When applying, it would be best for the applicant to meet all the requirements of the Australian Citizenship and Immigration Government, although there are some exceptions. An applicant, regardless of their situation, is strongly encouraged to seek professional assistance from attorneys who specialize in immigration. Most are located in the main cities of Australia, such as Sydney or Melbourne.