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Employment Sponsorship
There are four types of employment sponsorship.
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Employer Nomination (ENS)
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Regional Sponsored Migration (RSMS)
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Labour Agreement (LA)
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Regional Headquarters Agreements (RHQ)
The Basics
Employer Nomination:
By definition, the employer nominates the applicant for a job for three (3) years. The first process is handled in Australia. Then the candidate applies for his visa in South Africa within 6 months after the nomination has been approved. Labour Market Testing (LMT) is the responsibility of the employer and must occur within six (6) months prior to lodging the nomination.
Candidates are required to have at least three years of formal training and three years work experience and should be under 45 years of age. However, certain exceptions apply if the position is highly specialised or so unusual that it is unlikely to find any suitable employee who meets the standard ENS requirements.
Furthermore, the LMT can be waived if the position to be filled is on the MODL (Migration Occupations in Demand List). Each case should be analysed individually to determine if the cases fall under specific exception criteria.
Regional Sponsored Migration Scheme:
Employer nominates the candidate for a designated area. The offer must be for 2 years. The process is a three-stage process. First, the certification of nomination is submitted demonstrating the position is full-time, for two years, an employment contract, and evidence of the qualification.
Secondly, the employer must officially nominate the candidate. Then, as before, you have six (6) months to enter the country. Candidates are required to have a qualification equivalent to an Australian diploma and should be under 45 years of age.
However, certain exceptions apply if the position is highly specialised or so unusual that it is unlikely to find any suitable employee who meets the standard RSMS requirements. Each case should be analysed individually to determine if the cases fall under specific exception criteria.
Labour Agreements:
Labour Agreements only come into play when an employer/industry has a special labour agreement with the Australian government due to emerging skill shortages in the Australian workplace. Again, the nomination has to be lodged by the employer. Only after this, can the nominee's application be lodged for a visa.
The candidate should be less than 45. Each case should be analysed individually to determine if the cases fall under specific exception criteria.
Regional Headquarters Agreement (RHQ)
This is similar to a labour agreement but differs in that (a) visas are granted to enable the transfer of key expatriate executive and specialist personnel of the company group and (b) receives priority over a labour agreement application.
This is a three-step process beginning with the endorsement of the Department of Industry, Tourism and Resources from the Minister himself. Secondly, the employer must nominate the candidate as before. Only then, can the nominee apply for his/her visa.
NB:
Please note that with all applications, both the primary and dependent applicants must meet health and character requirements. Also, if with any of the above visas, you terminate employment before the end of your employment contract, your visa will become invalid. However, if the employer terminates your employment, your visa is still valid. |