sponsored visas
The Subclass 457 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 Subclass 418 education visa allows educators to retain residency in Australia through an Australian education sponsorship.
The Subclass 119/857 visa is a permanent visa for workers who want 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 Scheme.
Subclass 121/856 Employer Nomination Scheme Permanent Visas
The Subclass 121 and Subclass 856 visas use the same criteria to grant 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 immigrants working in skilled professions or jobs desired by Australian businesses 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
Likewise, the job offered must:
- Be for a minimum of 3 years
- be full time
- Comply with all working conditions under Australian employment laws
- Match an occupation in the list of occupations of the ENS, as published by a Government Gazette Notice
- Pay a minimum wage as established by Australian immigration law.
The 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 working time with their nominating employer may apply within Australia.
Applicants for senior executive positions with a minimum salary of $165,500 may also have a positive visa application result.
If you are the applicant and the 2 approaches above are not an option, then you will be required to have your skills assessed 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 may be waived.
When making a 121/856 visa application, some special circumstances and exemptions may be taken into consideration. These special circumstances and exemptions have to do with the applicant’s age, skills, and ability to speak English.
A good example of this would be an applicant who is not in the 45-50 age group. The position would have to be shown to be vital to the operation of the business or the employer would have to show that it is not possible to find a candidate under the age of 45 and qualified to handle the responsibilities of the job. Under these circumstances, the request is likely to be successful.
When applying, it is in the applicant’s best interest to meet all the requirements set out by the Australian Citizenship and Immigration Government, although there are some exceptions. The applicant, regardless of her situation, is strongly encouraged to seek professional assistance from attorneys who specialize in immigration. Most are located in major Australian cities, such as Sydney or Melbourne.
