There are approximately 130 types of visas available which are grouped under classes and subclasses and directly relate to the purpose of the applicant’s stay in Australia.

Employer sponsorship for migrating to Australia is divided into 4 categories:-

• Employer Nomination Scheme (ENS)
• Regional Sponsored Migration Scheme (RSMS)
• Labour Agreement (LA)
• Invest Australia Support Skills (IASS)

These schemes have been developed with specific employer requirements in mind. They allow businesses to employ highly skilled, permanent staff from overseas (or from people temporarily in Australia) to fill vacancies that they have been unable to fill through the Australian labour market.

All categories (with the exception of IASS) require labour market testing to be undertaken prior to approval. This involves proving to the DIMIA that the position is unable to be filled by an Australian citizen or permanent resident.

Nomination of a prospective applicant by the employer must also take place and this nomination must be approved by the DIMIA before an application can be made. If approved, the applicant must then have their qualifications assessed as applicable to the nominated position and must be eligible for any mandatory requirement to be registered, licensed or a member of a professional body in the particular field of employment they are proposing to engage in.

All terms and conditions in relation to employment must be in accordance with current Australian Industrial Laws.

The position must be full time for a fixed period of not less than three years and must also have the option of renewal for a further period.

Applicants need to be under 45 years of age and have English language abilities that are considered as being “vocational” although these criteria can be waived under “exceptional circumstances”.

LEGAL ASSISTANCE

Australia’s migration programs and laws are complex and are frequently changing. As your representative a migration agent is up to date with the latest criteria, charges, processing times, necessary supporting documentation and review processes and is therefore better able to maximise your chances of a successful application.

An agent can provide you with advice in relation to a specific question, handle your application from beginning to end, provide the necessary support and representation in any decision review process or provide general guidance should you decide to prepare and lodge your application personally.

All agents are obligated to maintain and demonstrate an up-to-date and accurate knowledge of current immigration laws in order to retain their registration. They are also governed by a strict code of conduct which dictates, amongst other things, how they are to deal with clients and handle client funds.

FURTHER INFORMATION

This Information Outline is provided courtesy of Hall Payne Lawyers who are experienced in this area of law. They are located at Level 9, 344 Queen Street, Brisbane, QLD 4000 or call them on (07) 3221-2044 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.

Hall Payne Lawyers are an established Queensland firm practicing in the areas of employment law (unfair dismissal etc), accident compensation (WorkCover, motor vehicle accident, personal injuries), anti-discrimination & harassment, consumer law, family law, wills & estates, criminal law and conveyancing. Hall Payne Lawyers are a founding member of the Australia-wide PeopleLaw group.