How permanent employer sponsored program changes will work—a case study
Joselito* is a 34-year-old motor mechanic from the Philippines. He works for Car Tune car repair in Wagga Wagga. He has been working for his employer for the last two years as a subclass 457 visa holder. Car Tune’s manager has told Joselito the company would like to sponsor him for permanent residence.
Wagga Wagga is an eligible part of Australia for the Regional Sponsored Migration Scheme (RSMS).
Joselito can lodge his application before the reforms are introduced on 1 July and be considered against the current RSMS criteria. However, both the nomination and visa application would have to be lodged on or before 30 June.
A nomination lodged before 1 July can be linked to an application lodged after the reforms are introduced: however, the visa applicant will be considered against the new direct entry stream criteria for RSMS.
Joselito and his employer will benefit from the 1 July permanent employer sponsored reforms because:
- some criteria satisfied at the standard business sponsorship stage won’t be reassessed (for example, that the business is actively and lawfully operating)
- the nomination won’t need to be ‘certified’ by a Regional Certifying Body (RCB) saving the employer time and paperwork, and
- Joselito will be considered to meet the skill requirement because he has already proven his skills.
After 1 July 2012—Temporary Residence Transition stream
Because Joselito has been working for his employer as a motor mechanic on a subclass 457 visa for the last two years, he is eligible to apply for permanent residence through the Temporary Residence Transition stream.
This provides a streamlined and simplified pathway to permanent residence for eligible subclass 457 visa holders. It is being introduced in recognition of the important economic and social contribution these skilled workers make to Australia.
The application process will continue to have two stages: the employer nomination and the visa application. However, the employer will no longer need to seek the certification of an RCB. This means the department will process these nominations much more quickly.
From 1 July, to nominate Joselito for permanent residence, Car Tune will have to meet the following criteria:
- The job or position being nominated for permanent residence is consistent with the position the person held while on their subclass 457 visa.
- The position will continue to be available to the prospective migrant for at least two years on a full-time ongoing basis.
- The terms and conditions of employment are the same as any that would apply to an Australian.
- The employer has met the subclass 457 visa training requirement
Joselito will need to meet key visa criteria, including:
- being less than 50 years of age
- having vocational English language proficiency
At 34-years-old he meets the first criterion. Joselito’s English ability would have been assessed previously for his subclass 457 visa to be granted. He would be able to reuse these results as long as they continue to be valid. From 1 July, IELTS tests results will be valid for three years, rather than the current two years.
Joselito’s skills would not need to be assessed, because he has been employed in the role for two years and Car Tune wish to continue sponsoring him.
*This case study is fictional, and is being used for illustrative purposes only.