For many people looking to work in Australia, the difficult part is not identifying a visa. It is working out which pathway makes sense when several options may appear available.
Australia’s migration system includes employer-sponsored visas, independent skilled migration, state and regional nomination programs, graduate visas and short-term work arrangements. Each serves a different purpose. The most appropriate option will often depend on where you are in your career, whether you have an employer willing to support you and whether your objective is temporary work or permanent residence.
A strong visa strategy therefore starts with your circumstances rather than a particular subclass number.
When an Australian Employer Is Part of the Plan
Having an Australian employer willing to sponsor you can significantly change the options available.
The Skills in Demand visa (subclass 482) allows eligible Australian employers to sponsor overseas workers for skilled positions. Depending on the role and circumstances, an applicant may fall within the Specialist Skills, Core Skills or Labour Agreement stream.
For many workers, a 482 visa provides a way to establish or continue their career in Australia while working for a sponsoring employer. It can also be relevant to longer-term planning because some sponsored workers may later become eligible for permanent residence.
One of the principal permanent employer-sponsored pathways is the Employer Nomination Scheme visa (subclass 186).
The subclass 186 program includes different streams. Some applicants transition after working for their sponsoring employer on an eligible temporary visa, while others may qualify through the Direct Entry pathway. Labour agreements can also provide a route for particular employers and occupations.
The important point is that employer sponsorship should not necessarily be viewed as a single visa application. If permanent residence is the eventual objective, it can be useful to consider the potential pathway from the beginning.
Skilled Migration Without Employer Sponsorship
Applicants do not always need an employer to pursue skilled migration.
The Skilled Independent visa (subclass 189), Skilled Nominated visa (subclass 190) and Skilled Work Regional visa (subclass 491) are all points-tested pathways, although the type of support required differs between them.
Applicants are generally assessed by reference to factors such as age, English-language proficiency, qualifications and skilled employment experience.
The subclass 189 visa is a permanent residence pathway that does not require employer or state nomination. Applicants submit an Expression of Interest through SkillSelect and must receive an invitation before applying. Because invitations are competitive, simply satisfying the minimum points requirements does not guarantee an invitation.
The subclass 190 visa also provides permanent residence but requires nomination by an Australian state or territory. Each jurisdiction can set its own nomination criteria and workforce priorities. This can create opportunities for applicants whose occupations or experience align with the needs of a particular state.
For those prepared to live and work outside Australia’s major metropolitan areas, the subclass 491 visa may provide another option. It is a provisional regional visa that can be granted for up to five years and may lead to permanent residence through the subclass 191 pathway if the applicable requirements are met.
Location can therefore play an important role in migration planning. An applicant who is willing to consider regional Australia may have options that would not otherwise be available.
Graduates, Working Holidays and Short-Term Assignments
Not everyone coming to Australia for work is immediately seeking permanent residence.
International students who have recently completed eligible Australian studies may be able to remain temporarily under the Temporary Graduate visa (subclass 485). The visa can provide graduates with an opportunity to gain professional experience in Australia while considering their next step.
The subclass 485 program presently includes the Post-Higher Education Work and Post-Vocational Education Work streams. Eligibility and stay periods depend on the applicant’s qualifications and circumstances, and age requirements also apply.
For younger travellers, the Working Holiday Maker program offers another form of temporary work permission through subclasses 417 and 462.
These visas allow eligible passport holders to travel in Australia while undertaking employment. They are intended primarily for an extended holiday supported by short-term work and are not, by themselves, permanent migration visas.
A different solution may apply where an overseas professional is only required in Australia for a specific specialist assignment.
The Temporary Work (Short Stay Specialist) visa (subclass 400) is designed for highly specialised, non-ongoing work. It can be relevant to technical projects, specialist installations, urgent assignments and other situations where an individual is required in Australia for a relatively short period.
The subclass 400 visa will commonly involve a stay of up to three months, although a longer period may be available in limited circumstances.
Choosing a Visa Is Really About Choosing a Strategy
The visa that appears most obvious today is not always the visa that best supports an applicant’s longer-term plans.
Someone with an Australian employer may need to consider both their immediate sponsored visa and whether there is a realistic pathway to permanent residence.
A highly skilled applicant without an employer may need to compare independent migration with state nomination and regional opportunities.
A recent graduate may need to think about how the period following study can be used to build the employment experience required for a future application.
Similarly, a business bringing someone to Australia for a short project should consider whether the work is genuinely temporary or whether a longer-term sponsorship arrangement is more appropriate.
Before choosing a pathway, it can therefore be useful to consider:
- whether an Australian employer is prepared to sponsor you
- your likely points position
- whether your occupation is relevant to available skilled migration pathways
- whether you are prepared to live and work regionally
- whether you have recently completed Australian study
- the expected duration of the work
- whether permanent residence is ultimately part of your plans
Migration outcomes can turn on details that are easy to overlook. Age, work history, occupation, qualifications, English-language results and the structure of an employment arrangement can each affect the pathways available.
How Strafurd York Legal Can Assist
Australian work visas are rarely a one-size-fits-all exercise.
At Strafurd York Legal, we assist individuals and businesses to understand their migration options and identify a pathway suited to their circumstances and objectives.
For individuals, that may involve comparing skilled migration, employer sponsorship and regional options. For businesses, it may involve determining an appropriate visa strategy for recruiting or retaining overseas talent.
Getting advice at an early stage can also help identify potential problems before an application is lodged and ensure that an immediate visa decision is considered in the context of any longer-term migration objectives.
If you are considering working in Australia, sponsoring an overseas employee or planning your next visa after study, contact Strafurd York Legal to discuss the options that may be available.