What are the common criteria shared among streams?
• Salary is equivalent to what is or would be paid to an Australian employee: that the visa applicant’s proposed salary is consistent with the ‘salary market rate’ for the nominated role in the same location.
- Temporary Skilled Migration Income Threshold (TSMIT): the proposed salary is at least equal to TSMIT (which is currently set at AUD $53,900 per annum).
- Commitment to work in nominated role: Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that the visa is granted. The employer will also need to make the commitment to ensure that the nominated role is available for a period of at least 2 years.
- Compliance with migration and Australian law: The business has a history of compliance with Australian immigration and workplace relations laws.
- No adverse information: There is no adverse information known about the sponsoring business or any person associated with the sponsoring business, unless it is reasonable to disregard this information.
- No Debt: any debt due by the nominator as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full.
- Genuine business need for the nominated role: This is a discretionary requirement where the Department will assess various aspects of the sponsor such as the its financial position, financial history, current operations and clients, current staff and payroll expenses, etc.
Are there additional criteria for the Direct Entry Stream?
- Work experience: Three years of full-time work experience that relates to the nominated occupation. Part-time or casual work experience can be counted on a pro-rata basis.
- Eligible occupations: The occupation must be listed under the Medium and Long-term Strategic Skills List (MLTSSL)
- Caveat requirements if applicable: Some eligible occupations have some caveats or additional criteria that must be met[ https://www.legislation.gov.au/Details/F2018L00298]
Are there additional criteria for the Temporary Residence Transition Stream?
- Three years of work as a 457 and/or 482 TSS visa holder: The primary applicant needs to have at least three years of full-time work as a 457 and/or 482 TSS visa holder for the sponsoring company in the last four years before the application is lodged.
- Eligible occupations: The occupation must be listed under the Medium and Long-term Strategic Skills List (MLTSSL)
- Caveat requirements if applicable: Some eligible occupations have some caveats or additional criteria that must be met [ https://www.legislation.gov.au/Details/F2018L00298].
The following transitional arrangements only apply if you held a subclass 457 visa, or was applying for a subclass 457 visa (and was subsequently granted), on 18 April 2017:
- Two years of work as a 457 (and 482 TSS if applicable) visa holder: The primary applicant needs to have at least two years of full-time work as a 457 and/or 482 TSS visa holder for the sponsoring company in the last three years before the application is lodged.
- No Occupation List Requirements: The nominator can nominate the same occupation and ANZSCO occupation code as the subclass 457 visa, even if this occupation is no longer on the occupation lists.
