Employer sponsored permanent residency (subclass 121/856)

Australian employers can apply to sponsor skilled overseas employees to work or continue to work in Australia on a permanent basis.
 

Skilled overseas employees can be nominated by their employer to remain or enter and work in Australia on a permanent basis. Applicants can include eligible family members, who are also granted full permanent residency.

  

Once granted, a permanent residency visa allows a person to remain, work and study in Australia indefinitely and provides the right to travel in and out of Australia for an initial five (5) year period.

   

Basic Requirements - Australian employer

The employer must meet various criteria including:

 

  • must be a lawfully and actively operating business in Australia;
  • must have a genuine need for a paid employee to fill a position in their business;
  • follow all relevant Australian laws;
  • have a satisfactory record of meeting immigration laws;
  • have a current training strategy for Australian employees, or if a newly established business, have a training plan and commitment for future training of Australian employees;
  • provide the employee with an employment offer for a minimum of three years.

Basic Requirements - Position

The nominated position must:

 

  • be full time, ongoing and available for at least three years;
  • appear on the Employer Nomination Scheme Occupation List (ENSOL);
  • meet minimum salary levels - $65,020 for certain IT positions and $47,480 for all other positions;
  • meet relevant Australian laws and award conditions.

Basic Requirements - Permanent visa applicant

To be eligible to apply for employer sponsored permanent residency, the overseas worker must meet the following requirements:

 

  • have worked full-time in Australia in the nominated occupation on a subclass 418, 421, 422, 428, 444, 457 or 461 temporary visa for the immediate past two years prior to the visa application being made, including at least the immediate past 12 months with the nominating employer; OR
  • have been nominated to fill a highly paid senior executive position with a salary of more than $250,000 per annum excluding superannuation and allowances; OR
  • have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the nominated occupation before the visa application is lodged;
  • have an employer prepared to sponsor them for permanent residency;
  • meet qualifications, skills and employment experience requirements;
  • meet health and character requirements;
  • have vocational English;
  • be under 45 years of age unless exceptional circumstances exist;
  • meet registration, licensing or professional membership requirements (if applicable);
  • provide an employment agreement/offer signed by the employer and employee.

In exceptional circumstances, some applicants can apply for an exemption of the English language, age and skill requirements. An exemption is generally not considered once applicants turn 60 years of age. Eligible dependent family members can be included in the application, however they must also meet health, character and English language requirements.

 

Please contact us for further information.

 

 
 


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