Visa Options When You Need More Work Experience
It’s not uncommon to be in a situation in which the expiry of your current visa is fast approaching but you don’t quite have the work experience necessary to lodge an employer sponsored visa. This can be frustrating, especially if your employer is willing to sponsor you but you fall short of that 2-year threshold required for the 482 visa. There are, however, several ways in which you can ‘buy yourself time’ in order to acquire the work experience necessary to pursue an employer sponsored visa.
Below are 3 options that you should consider if your visa is nearing expiry but you lack the employment experience required for employer sponsorship.
Types of Temporary Visas in Australia
Temporary Activity visa (subclass 408)
The COVID-19 substream of the 408 visa is intended for those employed in critical sectors and who are unable to return to their home country due to the pandemic. You may only apply for this visa within 28 days of your current visa expiring and is designed as a ‘last resort’ for temporary residents stranded in Australia due to global travel restrictions and international border closures.
COVID-19 Pandemic event and critical sector
Generally, critical sectors will include agriculture, health care, disability and aged care services and childcare. There is, however, no set definition of critical sector and as long as you can demonstrate that your work is contributing to Australia’s economic recovery from COVID-19, you will have good prospects of obtaining a longer visa grant period. It is important to properly substantiate your work experience to secure a more favourable outcome.
The reason that the 408 visa is a great option for those requiring more employment experience is because the current estimated processing time for this visa has increased significantly to 9 months. This means that upon lodgement of this visa, you will have nearly 9 months to accumulate additional work experience in Australia while you await the outcome.
Visa Application Requirements
If you lodge a 408 visa while the holder of a substantive visa, you will be granted a bridging visa A which is valid until your 408 is granted. If you lodge from a non-substantive visa or as an unlawful non-citizen within 28 days of your previous substantive visa expiring, you will be granted a bridging visa C. It is important to note the conditions of your bridging visa as they will generally carry across the same conditions as was attached to your previous substantive visa.
If you are unsure about a condition on your bridging visa or would like to have it removed, we recommend that you contact one of our immigration lawyers for assistance before you proceed any further.
Training visa (subclass 407)
The 407 Training visa is intended to provide you with workplace-based occupational training to improve your skills and competencies in your nominated occupation.
Visa Application Requirements
Your occupation must be on the relevant skilled list for the 407 visa and your employer must apply to be a Temporary Activities Sponsor, separate from that of a Standard Business Sponsorship (SBS). You may be granted this visa for up to two years, providing you with ample time to gain the experience required for an employer sponsored visa.
The purpose of this visa is to provide occupational training and is not designed to fill labour shortages, nor is it intended for those whose sole intention is to undertake work. You must demonstrate that your employer is offering a genuine training opportunity with assessable learning outcomes and objectives. The crux of the 407 visa is the training plan and is the most common reason for refusal. It is essential that you provide a comprehensive and thoroughly detailed training plan that includes a structured training program for your occupation. The stronger your training plan, the more likely Department is to grant you the 407 visa for the maximum two years.
The processing time for this visa is currently 14 months meaning you will again have sufficient time to accumulate the necessary work experience for an employer sponsored visa while this is processing. You will be granted a bridging visa A on which you may continue to work towards a more permanent option in the future, subject to any conditions that may be carried across.
Temporary Graduate visa (subclass 485) (First or Second)
The 485 visa may also be an option for you to extend your stay in Australia depending on your current circumstances. If you are currently studying on a student visa and your course (degree, diploma or trade qualification) is completed in at least two academic years, you may consider lodging a 485 visa to further extend your stay for between two to four years, depending on the level of your qualification.
Visa Application Requirements
If you studied a Bachelor degree or higher, you will fall within the Post-Study Work stream, granting you up to two years stay in Australia upon the approval of your visa. If your course was below a Bachelor level while still meeting the Australian study requirement, then you may be eligible for the Graduate Work stream. For the Graduate Work stream, your nominated occupation must be on the Medium and Long-Term Strategic Skills List (MLTSSL) and you must have a provisional skills assessment in order to apply.
485 Visa Extension for Regional Study
Graduates of regional institutions are also eligible for a second 485 visa in the Post-Study Work stream. This allows you to extend your stay for an additional one to two years, provided you graduated with a Bachelor degree or higher from an institution located in a designated regional area of Australia. You must have also resided in a designated regional area for at least two years immediately prior to applying for the second 485 visa in the Post-Study Work stream.
If you are approaching the end of your visa and are concerned that you don’t meet the work experience requirement for an employer sponsored visa, there are still options available for you to extend your stay while gaining this experience. To explore these options further, please contact No Borders Law Group and speak with one of our immigration lawyers.
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No Borders Law Group can help you exploring visa options and securing your application.Our experienced migration agents and lawyers have extensive knowledge of the legal requirements, eligibility criteria, and supporting documents required. Simply dial 07 3876 4000 or email: [email protected] and let us help you start with your way towards obtaining an Australian visa.
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