Drogi prowadzące do stałego pobytu (PR) w Australii poprzez wizę 457
The Australian government is encouraging both employers and employees to pursue the Employer Nomination Scheme (ENS) and RSMS visa pathways to Australian permanent residency.
We have a number of clients who are seeking advice on obtaining permanent residency (PR) as they don’t know how to use their 457 visa to gain PR through those pathways.
There's no debate that gaining permanent residency in Australia heralds a number of benefits for a lot of migrants. As well as subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS), access to a first home owner's grant (up to $20,000 in some states) and certain social security payments, childcare and free public schooling.
Many migrants enter Australia on subclass 457 visa which is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. Subclass 457 visas can be valid for any nominated period between one day and four years. This visa is a three stage visa requiring approval as a Standard Business Sponsor, Nomination of a skilled position and an application for the nominated position. The occupation must also be on the DIAC Gazetted List of Occupations.
Unfortunately, those visas are not, in themselves, a pathway to permanent residency (PR).
However, 457 visas can be used as a stepping stone to PR by articulating with a Subclass 856/119 visa under the Employer Nomination Scheme (ENS), which allows Australian employers to sponsor highly skilled workers, who are foreign nationals, for a permanent visa to live and work in Australia.
Sponsorship under the ENS requires: an eligible nominated position, an eligible sponsor and a visa applicant.
There are few ways in which onshore applicants can obtain permanent residency under the ENS, and there are far fewer obligations required to be addressed by ENS sponsors than by 457 sponsors, which makes the ENS option a win-win situation for both parties.
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Alternatively, 457 visa holders can be sponsored by a business in a designated regional area. They can be eligible for the Regional Sponsored Migration Scheme (RSMS), also a permanent residency visa.
RSMS is a solution allowing Australian employers in regional and low population growth areas to fill fulltime skilled vacancies with overseas workers, where employers have not been able to locate suitably qualified local workers. It requires a commitment from employees to remain in employment with their employers. The RSMS is a three stage process and require certification by Regional Certifying Bodies.
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The ENS & RSMS visa pathways can be an excellent opportunities for skilled workers to obtain permanent residency and it also helps resolve the ongoing shortage of skilled workers. However every visa application is different and it makes good sense to obtain professional advice to help you identify the right visa solution and consider all migration pathways for you to obtain permanent residency as soon as possible, so you can be protected against any further changes in legislation or policy.
If you would like to discuss your visa options, or you would like to find out more about your sponsorship obligations and make sure you meet monitoring requirements, contact us today for a friendly and professional advice.
