Work Visa Options

What are my work visa options?

If your visa is expiring then down below you'll find some temporary visa options that have work rights.

Book a Consultation

Visa options with work rights

If you are on a graduate visa, student visa or working holiday visa, these are some of the visa options may be available to you.

Employer Sponsored (Subclass 482)

COVID 408 Visa – Temporary Work Visa

Training Visa (Subclass 407)

This article will not be covering the different permanent general skilled migration visas (such as Skilled Independent, State or Regional Nominated).

If you're interested in student visas (which may be easiest way), partner visas, or being added to your partners visa then check out our other visa options.

Other visa options
Youtube video
General Skilled Migration For A Teacher

Employer Sponsored

This is probably the most common work visa. The intention of this visa is for the employer to fill an employment need. However, it is very expensive and requires a lot of documentation from your employer and visa requirements that must be met.

Vocational Courses Studing In Australia Pathway To Aus

COVID 408 Visa

This is the cheapest option (free), but it may not be available in the future, it was set up specifically for COVID.

University Courses Studing In Australia Pathway To Aus

Training Visa

This visa technically would not fall under the work visa category. But you can work on this visa. You would undertake this visa in order to enhance your skills and train yourself. It is similar to an employer sponsored visa, but requires a lot less documentation compare to the 482.

Youtube video

Employer Sponsored Visa

The Temporary Skilled Shortage Visa (TSS) visa is the most common visa used by companies to sponsor employees in Australia. It is a temporary visa that allows employees to work for a nominated employer on a full time basis.

E

Step 1: Employer subsmits SBS

E

Step 2: Employer Nominates

E

Step 3: Apply for the visa

The business must apply for approval as a business sponsor by submitting a sponsorship application.

To be successful the employer must show:

  • The business is operating in a lawful manner
  • The business can meet its financial obligations
  • The business is devoted to training their staff

This is done by completing a form and submitting documents required.

The fee required for this is $420.

Some documents that the company may be required to provide:

  • ABN Cert
  • Business Name Cert
  • Documents pertaining to the set up of the business (company, partnership, joint venture etc)
  • Financial Reports such as profit or loss statement or annual report for last financial year)
  • BAS statements or tax returns
  • Receipts for training expenses
  • Payroll Receipts
  • Possibly other related documents

Obligations of the Sponsor

  • Your employer must cooperate with inspectors from the Department of Immigration and Border Protection if they request any documents from the business.
  • Your employer must ensure that your condition of employment is no less favourable than Australian employees
  • Your employer is required to pay return travel cost for TSS visa holders
  • Your employer must pay the cost to locate and remove any foreign employees they sponsor if they become illegal in Australia
  • Your employer must maintain records for at least 5 years after the TSS visa holder leaves Australia
  • Your employer is required to notify the DIBP of any changes in the circumstances of employment. Similarly your employer is required to respond to all notifications from the DIBP
  • Your employer must not seek to recover any sponsorship or recruitment costs from the employee.
  • Other Possibly obligations

The company must submit a nomination application for the employee

Once successful in receiving approval as a business sponsor, the employer can then apply to the Department of Home Affairs to nominate a foreign employee to fill the position. The DIBP will decide if the employer fulfills the nomination requirements.

To be successful in nominating an employee the employer must demonstrate that:

  • The position that the sponsored employee must fill is on the STSOL
  • The employee must show the need to hire a foreign worker
  • The employee must be paid a wage of at least $53 900 + Superannuation
  • The foreign employee is receiving employment remuneration equal to that or above that of an Australian citizen.

The introduction of the TSS visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The SAF levy will make nominating employees a considerably more expensive undertaking for a business.

The amounts payable per applicant are set out as follows:

  • The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full at this time.
  • A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa. A large business will pay $1,800 per nominee per year.
  • If the employee is applying for a four year visa, this will require the four annual payments to be made at the time of application. (For example, if a large business nominates an employee for a four year TSS visa, this business is liable to pay $7,200 when the nomination is made.)

Australian Market Salary Rate

The wage provided must be equal to what you would pay an equivalent Australian worker with the same level education and experience. If you have employees at the company in the same position you should provide copies of their payslips as well as justification for the wage in comparison to yours.

You can also provide industry wage surveys to explain the salary being offered. I would recommending writing at least a 1 page summary explaining how the salary was decided.

Minimum Wage Requirement

The wage you are being offered is at least equal to or better the prevailing wage for an Australian with a very base wage of - $53 900. Please note someone in your position with your experience would most likely need to be paid more than this amount.

Labour Market Testing

We will need to also prove that there is no Australians that are eligible for the position and that the company has attempted to hire Australians for the role. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, three advertisements placed on different job websites (including the government’s job active website) within the last four months for a minimum period of 28 days will be acceptable. (Attached is a recruitment template which you can use to demonstrate you attempted to first hire Australians for the role)

Apply for the visa
After the employee has been nominated to fill a position, they may then apply for a TSS employer sponsored visa to fill the position.
To be successfully granted the visa the employee must demonstrate that they:

  • Possess the required skills, education and qualification to fill the position
  • Meet the required English language proficiency requirement (not required for applicants from UK, USA, Ireland or Canada
  • Are of good character and health
  • Have health insurance required for the duration of the visa
  • You have at least 2 years post qualification work experience in the occupation with the last 4 years.
  • Obtain police clearances for any country you have lived in for more than 12 months within the last 10 years.

Visa Processing Times:

This can vary but the current time taken is around 2 – 9 months. Once you apply for this visa you would be receive a bridging visa, that would allow you to remain in Australia.

The costs for this visa that are paid directly to the Department of Immigration and Border Protection are below:

  • Nomination to become a standard business sponsor $420
  • Nomination $330
  • Visa Application Charge $1265 or $2645 Please note because you applied for your current visa from inside Aus, you must also pay the subsequent visa application charge of an additional $700)
  • Training Levy (2 years) - $1200 per year for companies with a turnover of less than $10 million
Youtube video

Training Visa

The Training Visa (Subclass 407) allows you to work for your sponsor in your job whilst undertaking in a structured training program. Although it is a training visa, most applicants must be paid, and there is lower entry requirements for this visa compared the standard TSS visa.

E

Step 1: Sponsorship

E

Step 2: Nomination

E

Step 3: Visa Application

The business must apply for approval as a training sponsor by submitting a training sponsorship application

To be successful the employer must show:

  • The business is operating in a lawful manner
  • The business can meet its financial obligations

This is done by completing a form and submitting documents required.

The fee required for this is $420.

Some documents that the company may be required to provide:

  • ABN Cert
  • Business Name Cert
  • Documents pertaining to the set up of the business (company, partnership, joint venture etc)
  • Financial Reports such as profit or loss statement or annual report for last financial year)
  • BAS statements or tax returns
  • Lease agreement
  • Payroll Receipts

The company must submit a nomination application for the employee
Once successful in receiving approval as a training sponsor, the employer can then apply to the Department of Immigration and Border Protection (DIBP) to nominate a foreign employee to train in the position.

The nomination fee $170

Individually Structured Training Plans
For this visa you will need to show immigration that you intend to learn new skills in a set occupation. To do this you would provide a structured training program with their visa application.

The training must to be individually tailored to the needs of the visa applicant. The tasks to be completed and outcomes to be achieved should be consistent with the objectives of the program. You should try to include timeframes for completion, and show an increase in difficulty and complexity over the course of the training program. This is probably one of the hardest parts of the training visa, but there are some companies out there that specifically in providing training plans.

Minimum Wage Requirement
You must be paid at least the minimum award rate for your occupation.

After the employee has been nominated to fill a position, they may then apply for a Training visa to fill the position.

To be successfully granted the visa the employee must demonstrate that they:

  • Possess the required skills, education and qualification to fill the position
  • Meet the required English language proficiency requirement
  • Are of good character and health
  • Have health insurance required for the duration of the visa

Streams of Training Visa

  • Occupational training required for registration or licensing. This for applicants who require registration, membership or a licence to work in Australia or their home country
  • Occupational training to improve skills in an eligible occupation. This is for applicants who wish to participate in structured workplace-based training to improve their skills.
  • Occupational training for capacity building overseas. This is for applicants who require training as part of their overseas study

As you are already fully licensed you would be applying under the second stream – training to improve your skills in the occupation.

Requirement for visa
Generally speaking, to be eligible for this visa you must have the past 24 months, you must have worked or studied full time for at least 12 months in the occupation.

I believe immigration will consider full time work to be approximately 38 hours per week.

Visa Processing Times
This can vary but the current time taken is around 6 – 12 months. Once you apply for this visa you would be receive a bridging visa, that would allow you to remain in Australia.

The costs for this visa that are paid directly to the Department of Immigration and Border Protection are below:

  • Sponsorship fee $420
  • Nomination fee $170
  • Visa Application fee $310 for the main applicant (Please note if you applied for your last visa from within Australia, you may be charged an additional $700 subsequent application charge).
Youtube video

COVID 408 Visa

The COVID 408 visa could be an option for you. It is free to apply for it and is supposed to be used as a visa of last resort. Please note, this visa may not be an option once the COVID situation improves overseas.

COVID 408 Visa

COVID-19 Pandemic Visa

In response to the Covid-19 Pandemic, immigration has announced a new stream of the subclass 408 visa, specifically for temporary visa holders who are stuck in Australia with a visa expiring. This visa may allow temporary visa holders to apply for a visa to remain in Australia lawfully.

When applying for this visa you should mention that you fully intend to return home and would return home now if you could. If you are looking to work, you should also provide a statement from your employer stating that they require you to continue to work in your role.

Immigration may grant you work rights if you are working in a critical sector. We have found recently that immigration are really expanding their definition of critical sector.

Eligibility

Who can apply?

You must be in Australia

You must be unable to depart Australia

You currently hold a visa that is expiring in 28 days or your visa has already expired (within the past 28 days)

You are unable to make a visa application for any other visa application

You must have substantially complied with the conditions of your last visa

You must have health insurance

Learn more

How to apply for this visa?

You would apply for this visa through your immi account (similar to where you apply for the visitor visa). Once you are logged into your immi account, you would click “New Application.” You would then click on “Temporary Work Activity”, then click on “Temporary Activity Visa (408)”.

Applying For Covid 408 Visa

The visa is going to ask some unusual questions. For Activity type, choose – Australian Government Endorsed Events.

For visa application charge concession, choose – Nil VAC (visa application charge). Give details – Unable to return home due to COVID. Will return home as soon as borders open.

Applying For Covid 408 Visa Part 2