Migration Services (Business)

This visa allows a business to employ a full-time person for a minimum of 1 day up to a maximum of 4 years. The person can only work for the business, in the position nominated. A 482 Visa may be a pathway to Australian Permanent Residence.

There is a three-step process which must be followed in order:

1. Sponsorship application by the business, for which you must prove a number of things, including:
   • legal operation of your business in Australia
   • no adverse information relating to compliance with Australian laws
   • agreement on sponsorship obligations.
2. Nomination application by you, for which you must prove a number of things, including:
   • labour market testing (strict advertising regulations apply, unless exempt)
   • genuine need for the position
   • position is skilled
   • position attracts a market salary for an Australian which is above the threshold salary
   • the position corresponds to an occupation on the relevant list.
3. Visa application by employee, for which they must prove a number of things, including:
   • their identity
   • that their skills and experience can satisfy those required for the nominated position including any licensing or registration requirements
   • English skills
   • that they meet health insurance requirements
   • health and character requirements.

These visas are useful if you want to run occupational training, professional development programs or research that people from overseas will attend.

The process is a 3-step process similar to that for a 482 Visa. The most common eligibility challenges for employers are:

• that the training program needs to be structured and meet the requirements
• occupational training programs must be a minimum of 30 hours per week, with a minimum 70% of that workplace-based
• professional development programs need to be part of an eligible professional development agreement with an eligible overseas employer.

For attendees to be eligible, they must meet strict criteria such as:

• be over 18 years old
• meet the requirements of the training program
• have adequate finances
• meet health insurance, health and character requirements.

This visa class is designed for full-time ongoing positions, and is a pathway to Australian Residency. To apply you will need to nominate a full-time position that is ongoing for a minimum of two years and meets the training requirements associated with each of the three streams (below). Your employee (or prospective employee) will need to pass age, skills, health, English proficiency and character checks.

1. Direct Entry. You will need to nominate a position in an occupation that is on the relevant List. The position must be full-time and ongoing for at least two years. The visa applicant will need to take an assessment from a skills assessing body and have at least three years full-time relevant work experience post-qualification and competent English.
2. Temporary Residence Transition Stream. This stream is ideal if you want to nominate a position for an employee on a 482 Visa on the relevant list who has worked with you for at least three years and has competent English.
3. Labour Agreement. For this stream you will need to have a Labour Agreement that specifies the eligibility criteria required for the visa.

There are two steps to applying for an Employer Nomination Scheme visa:

1. You nominate a position on the relevant list, that is full-time, ongoing for at least two years in addition to other criteria.
2. The employee or prospective employee applies for the visa.

This is similar to the Temporary Skills Shortage visa (Subclass 482) in that it is for full-time positions (up to 4 years) and is a pathway to Australian Residency, but the business and the position need to be located in regional Australia.

To apply you will need to nominate a full-time position that is ongoing for a minimum of 5 years. Your employee (or prospective employee) will need to pass age, skills, health, English proficiency and character checks.

1. Employer Sponsored Stream. You will need to nominate a position on the relevant list and certified by a Regional Certifying Body. The position must be full-time and ongoing for at least 5 years. The visa applicant will need to prove their skills (skills assessment plus 3 years of full-time relevant work experience) and competent English.
2. Labour Agreement. For this stream you will need to have a Labour Agreement that specifies the eligibility criteria for the visa required.

There are three steps to applying for a Skilled Employer Sponsored Regional(Provisional) visa:

1. You have the position certified by a Regional Certifying Body.
2. You apply to nominate the position full-time, ongoing for at least 5 years.
3. The employee or prospective employee applies for the visa.

The Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494) requires a long-term commitment from both employer and employee because it requires the position to be available in a regional area for the entire duration of the visa (5 years). Once the visa applicant/employee is granted this visa, they are not permitted to apply for other types of visas. Furthermore, in order to continue to
an application for Permanent Residence (Skilled Regional) visa (Subclass 191) the Subclass 494 visa holder must live and work in a regional area for 3 years before becoming eligible (please note that this applies to family members as well). Please note that full details of the Subclass 191 visa will be released in November 2022.

This visa is designed for entrepreneurs or business people who want to invest in or start a business in Australia. It has three pathways that, if you also satisfy character, health and residency criteria, allow you to apply for Permanent Residence with a Business Innovation and Investment (Residence) (Subclass 888) visa.

1. Business Innovation. You must be under 55 years (waiver may apply), have a history of business activity and ownership, show sufficient personal assets and achieve a score of 65 on the business innovation points test.
2. Investor. You must be under 55 years (waiver may apply), have a history of business activity and ownership, show sufficient personal assets, invest AUD$1.5m in a state or territory government security to be held for 4 years and achieve a score of 65 on the business innovation points test.
3. Significant Investor. You are required to invest AUD$5m, which you own from legitimate sources, in complying investments for 4 years.
4. Premium Investor. You are required to invest AUD$15, which you own from legitimate sources, in complying investments. You must be nominated by AUSTRADE to be eligible for this visa.
5. Entrepreneur Stream. You are required to have a funding agreement with a third party to develop entrepreneurial activities and be nominated by a State and Territory agency.

There are roughly three steps to applying for a Business Innovation and Investment visa:

1. Obtain Sponsorship by a State or Territory Government or by AUSTRADE
2. Submit an Expression of Interest and be invited to apply for the visa
3. Apply for the visa.