The Employer Nomination Scheme is a permanent visa, and requires the nominating employer to be operating in Australia. While the visa requirements are broadly similar to the 457 visa, the employee needs to show a higher level of skillsets.

The Employer Nominated Scheme visa subclass is for skilled workers that are currently residing outside of Australia, or for skilled migrants who are currently living and working in Australia. The Employer Nomination Scheme (ENS) results in a permanent visa for the sponsored employee. It is a common way for 457 visa holders to qualify for permanent residence, but has higher skill requirements than the 457 visa.

Key points

• Visa duration – Permanent
• Expression Of Interest (EOI) is optional for this visa
• Sponsorship - Required by an employer   
• Require a skills assessment by the relevant Australian authority;
• Three years work experience, unless exempt
• Relevant registration or licensing must be held if required
• Occupation must be on the Consolidated Sponsored Occupation List.
• Employee is to be paid at least the same as an Australian in the same occupation in the same location.
• Must be:
  o    Under 50, unless exempt
  o    Have at least competent English, unless exempt

The RSMS visa requires a job offer in a regional area. The position needs to be approved by a Regional Certifying Body. While this is a permanent visa, it can be cancelled if the employee leaves employment within 2 years of obtaining the visa.

Key points

• Visa duration – Permanent
• EOI is optional
• Sponsorship – required by a regional employer
• Required to work in Regional Australia Must have a related Australian or overseas equivalent qualification or be exempt
• Overseas qualified trades workers will need to have their skills assessed by Trades Recognition Australia
• Relevant registration or licensing must be held if required 
• Occupation must be an ANZSCO skill level 1-3. 
• Employee is to be paid at least the same as an Australian in the same occupation in the same location.
• Must be:
  o    Under 50, unless exempt
  o    Have at least competent English, unless exempt

Temporary Work (Skilled) or 457 visa allows businesses based either in Australia or overseas to sponsor workers for a temporary visa lasting up to 4 years. Only certain occupations are eligible for 457 visas, and employees must be paid at the market rate.

The subclass 457 visa is the most common visa Australian employers use to sponsor skilled workers from overseas. It allows visa holders to work for up to 4 years under the sponsorship of their employer. The employer can either be a business operating in Australia or overseas. Most employers will apply for approval as a Standard Business Sponsor. The approval generally lasts for 3 years and there is a limit to the number of employees who can be sponsored over this time.

Key points

• Visa duration - From one day up to four years    
• Expression Of Interest (EOI) is optional for this visa   
• Sponsorship - Required by an employer   
• Skill/Qualification requirements
  o    Occupation must be on the prevailing Consolidated Skilled Occupations List;
  o    Applicant must have the skills necessary to perform the occupation
  o    Applicant must also have the necessary English language skills unless exempted    
  o    After a period of employment of two years in the same position an employer may be able to sponsor a subclass 457 visa holder through the Temporary Residence Transition stream under ENS or RSMS

The subclass 457 visa is a three stage process:

First Stage

The business must apply to become a Standard Business Sponsor to be able to nominate an overseas skilled worker in their company. For this they need to meet the following requirements:

• The sponsor is a lawful, operating business
• The sponsor has the financial ability to meet its sponsorship obligations
• That the business meets certain training benchmarks, or is a start-up company which has an auditable plan to meet the training benchmarks.

Second Stage

The approved business sponsor will then apply for permission to sponsor an overseas resident to fill certain nominated position(s). This needs to meet following criteria:

• The position is in an occupation on the CSOL (Consolidated Sponsored Occupations List); and
• The applicant is to be paid a base salary of at least the TSMIT (currently $53,900); and
• Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position - in particular, the salary paid is at least at the market rate.

Third Stage

The prospective 457 visa applicant needs to make an application for a subclass 457 visa. They have to meet the following key requirements:

• has the required skills to fill the position and is eligible for any required licensing or registration
• 457 English requirement
• Health requirements for the visa and holds suitable health insurance.

The 457 visa is valid for up to 4 years with possible extensions. The 457 visa is subject to 8107 work restriction and can only work for the sponsoring employer, unless a different employer lodges a new nomination for the employee. The visa can be cancelled if the employee ceases employment for more than 90 days.