Do you have an employee on a temporary visa and want to keep them long-term?
Let us help you.

Australia has long been an enticing destination for people seeking adventure and a better lifestyle. Whilst some move temporarily, others wish to remain in Australia on a long-term or permanent basis. If one of your employees holds a temporary visa and wants to remain working for you permanently, contact us today to explore their options.

Visa options for overseas workers

There are many visas available when individuals migrate to Australia, although not all visas come with automatic work rights. It is of utmost importance to be familiar with different types of visas when recruiting foreign employees and ensuring these workers have a suitable work permit to be able to live and work in Australia. If unsure, you can always check on an individual’s work rights with an Immigration Lawyer or Agent.


Working holiday visa

This visa is appropriate for people who are looking to work and holiday in Australia for 12 months. It is possible to extend this visa up to 24 months in the case where the visa holder undertakes 3 months of seasonal work in regional Australia while holding the first Working Holiday visa.


Temporary Skill Shortage visa

This visa allows employers to fill labour shortages by hiring skilled workers where they cannot find an Australian employee. The 482 Visa can be issued for 2 years (short term stream)or 4 years (medium to long term stream).


Employer Nomination Scheme visa

This is a permanent residency visa for people who have an occupation that is on the relevant skilled occupation list and who are nominated by an Australian employer. Once granted, visa holders can live, study and work in Australia permanently.


Skilled Independent Visa

This visa is for applicants who have an occupation on the skilled migration list, are not not sponsored by an Australian employer, have a suitable skills assessment, and meet the minimum points pass mark. It allows visa holders to live, work and study in Australia permanently.


Skilled Nominated visa

This visa allows visa holders to live, work and study in Australia permanently once the visa is approved. Applicants may be eligible for the 190 Visa if they are sponsored by an Australian State or Territory government and have a suitable skills assessment including meeting the minimum points pass mark of 65 points.


Options to keep employees long-term

If you employ a foreign worker on a temporary visa and you want to keep them long-term and sponsor them, the following options may be available.


Temporary Skill Shortage (TSS) visa

This visa is intended to enrich the Australian labour market by allowing skilled employees from around the world to enter the country and provide services otherwise unavailable in Australia. The visa can be issued for 2 year or 4 year period (depending on the relevant occupation) and applicants can also bring their family members to live, study or work in Australia.
To qualify for the visa, applicants must have a formal employment offer in Australia for a position that is on the relevant skilled occupation list, meet the required skills and qualification requirements, English language requirements including health and character criteria. In order to be granted The Temporary Skill Shortage (TSS) visa, the applicant is expected to go through three different stages, namely business sponsorship, nomination and visa stage.
It is recommended that both sponsoring businesses and the visa applicants seek independent legal advice on the process from an Immigration Lawyer or Agent.


Employer Nominated Scheme (ENS) visa

This visa is a permanent residency visa for people who have an occupation that is on the relevant skilled occupation list and who are nominated by an Australian employer. Once granted, visa holders can live, study and work in Australia permanently.
Applicants may qualify to apply if they are nominated by an Australian employer whose business is lawfully and actively operating, they have an occupation that is on the relevant list of eligible skilled occupations and they meet the relevant skill level for their nominated occupation. Applicants must be under 45 years of age (unless they qualify for an exemption), including meet English language, health and character requirements.
With the ENS Visa, visa holders can live, work and study in Australia permanently, sponsor eligible relatives to come to Australia, enrol in the Australian public healthcare system and apply for Australian citizenship if they are eligible.


Labour market testing

For some visa types, as a business, you must demonstrate that you can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market which generally involves advertising the position in Australia. How and when you test the labour market, and what proof is required, will depend on which visa and which stream you are nominating under so it is important to obtain specific and tailored immigration advice from an Immigration Lawyer or Agent.
More information on labour market testing and general information for specific visas is available at Labour market testing (homeaffairs.gov.au)


VEVO check

The Australian Government’s Visa Entitlement Verification Online system (VEVO) allows employers and other organisations to check individual employees’ visa conditions.
VEVO can only provide information about people who have their details available in the government systems i.e. who are residing in Australia on a valid visa. Australian citizens have unlimited rights to work or study in Australia. You cannot use VEVO to confirm this.

Registered organisations can check someone’s visa details. You will need to Register for an ImmiAccount and then use VEVO to see the visa conditions of visa holders who have given you permission. Find out more about using VEVO for organisations


FAQs

Got more questions? Check out our list of frequently asked questions.