Labour Agreement Visa to Australia

 

PR lead working Visa for Skilled Workers 

1. Nomination by Australian employer 

2. Arrive in Australia with guaranteed job 

3. Priority processing & eligible to all non ENSOL applicants 

4. Applicable to semi skilled workers also – non SOL or ENSOL applicants 

 5. Total cost Rs. 2,00,000 - 2,50,000 

6. Processing time - 12 to 18 months -depending required registration and licensing etc., 

This page describes Labour Agreement Visa or Australian work visa, which are formal arrangements negotiated between the Australian Government and an employer or industrial association. Labour Agreements (LA) enables generally larger employers, a group of employers, or industry / employer groups to sponsor overseas workers. Labour Agreements are work visas that enable employers in Australia to recruit a specified number of overseas workers in response to identified or emerging labour market (or skill) shortages in Australia 

It provides information on who qualifies for migration under this category and how a nomination occurs. This information is a general guide only, but it will help you decide if this category applies to you.If you decide you want to use this scheme, it is essential that you contact FEMRA INDIA for further information. 

Please note: 

If you apply from outside Australia, you will be applying to migrate. If you are applying in Australia, you will be applying for permanent residence. On these web pages, the term migrate covers both.

Labor Agreements 

With both temporary and permanent options available labor agreement are formal arrangements for an Australian industry group or employer to recruit a number of skilled overseas workers. There is no charge for negotiating a Labour Agreement. Labor Agreements are most suitable for: 

Employees applying for a Labour Agreement visa must be under 45 of age and cannot enter into an employment agreement of any kind outside of the nominated position on their Labour Agreement visa. 

Summary of migration requirement 

Labour Agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified or emerging labour market (or skill) shortages in Australia.

They provide an avenue for either permanent or temporary entry to Australia. 

They are also designed to ensure that overseas recruitment supports the longer-term improvement of employment and training opportunities for Australians. 

Employers or industrial associations are required to make commitments to the employment, education, training and career opportunities of Australians as part of the agreement. 

After the agreement has been negotiated, the process consists of two stages: 

1. Nomination by the employer; and 

2. Nominee’s application for a visa. 

1. Nomination by the employer 

In brief, the employer submits a completed form 1068, Nomination by a business sponsor for either permanent or temporary entry. The nomination will be assessed to determine: 

the nomination is in accordance with the relevant Labour Agreement; 

the vacancy falls within the agreed ceiling for the Agreement; 

the terms and conditions of employment are in accordance with the Agreement; 

the nominee is under 45 years of age; 

the nominee has the qualifications and skills (including English language skills) specified in the Labour Agreement. 

2. Requirements for visa nominee 

The nominee must complete and lodge application form 47ES, Application for employer sponsored migration to Australia, and pay an application charge. In general terms, the visa application will be assessed against the following

that the nominee has the qualifications, skills (including English language skills) and experience specified in the Agreement

that the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements under the Labour Agreement; 

that the nominee is less than 45 years of age; 

that the nominee and all family unit members meet mandatory health and character requirements.

Employers considering nominating overseas persons under the labour agreement visa mmay identify suitable nominees in various ways, including: 

 Skill Matching Database 

Employers wishing to nominate visa applicants under a Labour Agreement can utilise the Skill Matching Database to identify suitably qualified workers. 

The Skill Matching Database contains the educational, occupational and personal details of Skilled–Independent category applicants and Skill Matching visa applicants. 

Applicants nominated from the database under a Labour Agreement do not need to lodge a further visa application. The database is updated monthly and distributed to all State and Territory governments and to a network of regional development authorities. 

Labour Agreements are formal arrangements to recruit a number of overseas skilled workers. Both temporary and permanent visas can be granted under the agreement. Agreements are generally effective for two to three years. 

 Who is this program for? 

Situations where an employer may consider accessing a Labour Agreement include: 

 · occupations that are not on the list of approved occupations for the Temporary Business (Long Stay) Subclass 457 visa, permanent Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme yet a genuine skills shortage exists or occupations are not covered under the Australian and New Zealand Standard Classification of Occupations (ANZSCO) 

· where a business recruits labour for the supply to an unrelated business and/or the hiring of labour to unrelated businesses 

· meat companies - Migration Regulations were amended on 15 October 2007 to exclude this group from the standard business sponsorship program. 

What does this program let employer do? 

With this program Australian employer can employ a number of overseas workers on temporary and/or permanent visas. 

Temporary Visa 

With this visa those people you employ from overseas can: 

 · work in Australia for up to four years 

· bring any eligible secondary applicants with them to Australia - secondary applicants can work and study 

· After entering Australia, have no limit on the number of times they travel in and out of Australia. 

Permanent Visa 

With this visa those people you employ from overseas, and any dependent family members included in their visa application, can live as permanent residents in Australia. 

Australian permanent residents can: 

 · live and work in Australia on a permanent basis 

· study in Australia at school or university 

· receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS) 

· access certain social security payments (subject to waiting periods) 

· be eligible for Australian citizenship (subject to the residency eligibility criteria) 

· Sponsor people for permanent residence. 

 The process for accessing a Labour Agreement is summarized below. 

 

Who	Responsibility
Employer	·                                 request to access a Labour Agreement ·                                 negotiate and sign the Labour Agreement ·                                 nominate the positions that need to be filled ·                                 recruit overseas skilled workers to fill the positions ·                                 provide information to the Australian Government as part of the monitoring activities of the Labour Agreement. Note: Employers may be able to nominate applicants on the Skill Matching Database under a Labour Agreement.
Australian Government (represented by DEEWR and DIAC)	·                                 consider requests to access a Labour Agreement ·                                 ensure all relevant stakeholders are included in negotiations and, where possible, are signatories to any agreements ·                                 negotiate and sign the Labour Agreement in accordance with all parties ·                                 conduct monitoring and evaluate reporting activities to ensure that the requirements of the Labour Agreement are being met.
Employee	·                                 accept the offer of employment from the nominating employer ·                                 apply for a visa ·                                 meet any conditions on their visa (once approved).

 

 When is a Labour Agreement appropriate?

A Labour Agreement is most suitable for organizations where: 

 · the implementation of government policy or programs requires the recruitment of overseas skilled workers through a Labour Agreement pathway 

· they have demonstrated commitment to employment and training of Australians · evidence of a direct employer-employee relationship is available 

· evidence of ability to meet salary and training requirements is available 

· Evidence of a need to fill skilled occupations with skilled employees. 

Requests to access a Labour Agreement 

Requests to access a Labour Agreement may be provided by: 

 · an Australian business; or 

· an Australian Government agency. 

 The Australian Government 

The agencies acting on behalf of the Australian Government for negotiating Labour Agreements are: 

 · the Department of Immigration and Citizenship (DIAC). The department processes nominations and visa applications under the agreement 

· the Department of Education, Employment and Workplace Relations (DEEWR). DEEWR are responsible for matters relating to employment, training and industrial relations 

Employees 

An employee is a foreign national who: 

 · meets the age, skill and language requirements ; and 

· has an employer who has accessed a Labour Agreement and willing to nominate them for this visa. Validity Periods Application 

Validity Agreement 

Application	Validity
Agreement	·                                 between two and three years (determined during negotiation)
Temporary visa	·                                 nomination is 12 months ·                                 a temporary visa is valid for stay in Australia and travel for between three months and four years.
Permanent visa	·                                 allows employee and any dependents granted the visa permanent residence in Australia.

 

 How to Apply 

If the employer and employee are eligible, willing and able to meet their obligations under the Labour Agreement, they can commence the 3-step application process. 

 Step 1 - Employer requests to access a Labour Agreement 

 Step 2 - Employer nominates the positions After the agreement has been signed by all parties, the employer must nominate the positions to be filled. 

 Step 3 - Employee applies for a visa The employees must apply for a visa to be allowed to work in Australia 

How Apply? What is expense? What Documents Required? CLICK HERE

 If No Visa. No Fee.