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Permanent Residency

A faculty/unit may nominate a staff member for permanent residency if the staff member has been working on a temporary basis, typically as a 457 visa holder, at the University for at least 12 months and the faculty/unit is interested in continuing their employment on a more permanent basis.

A Permanent Residency Visa may be applied for either offshore (subclass 121) or onshore (subclass 856). Depending upon the subclass, the staff member may need to be out of Australia or in Australia at the time of the visa grant.

The University’s preference is to support Permanent Residency - subclass 856 visas, as this option enables the individual to commence working for the University and for both parties to agree that a long term employment commitment is desired.

For more information refer to the University's criteria as outlined in the Visa and Work Rights Policy and visit the Department of Immigration and Citizenship website.

FAQs

What roles are eligible for sponsorship for permanent residency?

If you wish to support a staff member for a Permanent Residency visa application, you will need to ensure that the role to be performed meets certain minimum criteria.

Defined occupations
The Australian government has defined certain occupations as eligible occupations for the Employer Nomination Scheme. Only those positions which have been determined as highly skilled and are on the Employer Nomination Scheme Skilled Occupations List (ENSOL) are eligible occupations for permanent residency sponsorship.

To find out whether the position you wish to fill with a sponsored permanent residency visa holder is on the approved list, check the Migration Regulations 1994, on the Australian Government ComLaw website.

Activities performed
Each occupation contains a number of activities and has recommended qualifications. The individual will need to be performing the majority of the tasks associated with a particular occupation and will need to meet the qualification requirements in order to be eligible for nomination for a permanent residency visa. Find out more about activities for a particular occupation, by searching the Australian and New Zealand Standard Classification of Occupations, First Edition, 2006, 1220.0, on the Australian Bureau of Statistics website.

Base salary payable
The final aspect to consider is the salary payable to the individual. To protect Australian workers and to ensure that international skilled workers are not disadvantaged, the Department of Immigration and Citizenship has set a minimum base salary.

The minimum base salary is called the Temporary Skilled Migration Income Threshold (TSMIT) and is reset regularly, generally on 1 July. The TSMIT for the 2011-2012 financial year is $49,330. This is the minimum base salary payable for any position filled by a staff member who is sponsored on a subclass 856 or 121 visa.

Full time, part time and casual roles
The Department of Immigration and Citizenship expects that positions nominated for a permanent residency visa are full time roles and they are available for at least three years from the date of visa grant.

Visit the Department of Immigration and Citizenship website to find out more about the eligibility of positions to be filled by employer sponsored permanent residency visa holders.

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What are the University’s requirements?

To assist the University in ensuring that only skilled or specialist staff members are sponsored for permanent residency, the University requires positions to be at a minimum equivalent to an HEO level 6 role. This approach ensures that our integrity is maintained and supports our commitment to the employment of Australian citizens and permanent residents.

In order to continue to receive approval under the Employer Nomination Scheme, the University must provide evidence that it is committed to the employment of Australian citizens and permanent residents first and foremost.

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What criteria does an individual need to meet to enable nomination for a permanent residency visa application?

There are mandatory criteria which staff members need to meet before they are eligible to discuss permanent residency under the Employer Nomination Scheme with their supervisors.

Subclass 856 (onshore) visa applicants are required to hold a qualifying visa and meet one of the following criteria:

  1. have worked full time in Australia in the nominated position on a subclass 418, 421, 422, 428, 444, 457 or 461 temporary residency visa for the two years prior to the visa application being made (including at least the previous 12 months with the University), or
  2. have been nominated to fill a position with a base salary of more than $250,000 per annum (excluding superannuation or allowances), or
  3. have had their skills assessed as suitable for the nominated position by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the ENSOL.

Subclass 121 (offshore) visa applicants are required to meet one of the following criteria:

  1. have been nominated to fill a highly paid senior executive position with a salary of more than $250 000 per annum (excluding superannuation or allowances), or
  2. have had their skills assessed as suitable for the nominated position by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years' full time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the ENSOL.


Additional eligibility criteria applicable to both visa subclasses

The visa applicant will also need to meet the following general criteria:

  • must have the skills, qualifications and experience to match those required for the position for which they have been nominated. Generally, the minimum required is a relevant degree and at least three years' full time work experience in a related field, although the amount of experience required can vary depending on the position.
  • must speak a level of English commensurate with the requirements of the position
  • if a “General Staff” member, must hold a continuous employment contract
  • minimum step of the salary range position is at least the TSMIT, which is subject to annual review and regulations set by the Minister for Immigration and Citizenship; and
  • must be under 45 years of age (these criteria can be waived in exceptional circumstances).

Note: The three year minimum employment experience criterion requires the visa applicant to demonstrate three years of full time work experience in the same occupation as that under which they will be applying for permanent residency.

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What are the requirements for the nomination of family members and other dependants?

The University will extend sponsorship to any spouse or interdependent partner, dependent children of the main visa applicant or dependent children of the main visa applicant’s spouse or interdependent partner.

Any dependant over the age of 18 must demonstrate that they are financially dependent on the primary visa applicant in order to be classed as a dependant for the purposes of the visa. The University may consider nominating relatives other than dependent children, if the relative is wholly or substantially reliant on the main visa applicant for their basic needs of food, shelter and clothing and they have been reliant on that support for a substantial period of time.

The Department of Immigration and Citizenship will require the staff member to provide satisfactory evidence of long term relationships and/or financial support at the visa application stage.

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What does permanent residency allow a staff member to do?

Permanent residency enables the staff member to live and work in Australia for an unlimited time. Once issued, permanent residency enables the visa holder to change employers, in time become eligible for government benefits, enables access to Medicare and is the first step towards citizenship.

A permanent residency visa for a staff member means that the University’s obligations, under other sponsored temporary visa subclasses, are removed.

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What is the permanent residency visa holder not allowed to do?

The permanent residency visa holder does not have any work-related restrictions and they are eligible to change employers whenever they choose.

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How long can the visa be granted for?

A permanent residency visa does not have an expiry date, however, the visa holder needs to monitor their visa and comply with certain requirements. For more information, visit the Department of Immigration and Citizenship website.

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How long does it take to get a permanent residency visa?

Processing for the subclass 121 and 856 visas occurs in Australia. For information on current processing times, visit the Department of Immigration and Citizenship website.

You should allow at least one month for the processing of the Employer Nomination application.

Whilst the Employer Nomination and the visa application can be lodged concurrently, if the Employer Nomination is declined, the visa application will not be assessed by the Department of Immigration and Citizenship. If this occurs, the Department of Immigration and Citizenship will not refund the visa application fee or any costs which were incurred in collating and submitting the supporting documentation.

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How far in advance should I complete the documentation for a permanent residency visa application?

It is strongly recommended that any staff member wishing to pursue a permanent residency visa review the Department of Immigration and Citizenship website and commence completing the necessary documentation for their visa application, prior to making the formal request to the Immigration and Relocation Team.

The time required for collation of documentation to support a permanent residency application will vary from case to case and is dependent upon a number of factors (including access to information, government entity processing times, availability of certifying persons/bodies and translation services). To enable sufficient time for the full process to be completed we strongly recommend that:

  • subclass 121 (offshore) visa applications - Commencement dates are set no earlier than eight months after the signing of the employment contract; or
  • subclass 856 (onshore) visa applications - Eight months be allowed for collating the relevant documentation and processing the visa application.
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What are the University's obligations once the permanent residency visa is granted?

Whilst the University has no formal obligations once the permanent residency visa is issued, it must have the intention to employ the visa holder for a period of at least three years from the date of the granting of the visa.

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What are the conditions applicable to permanent residency visa holders?

Aligned to the University's intention to employ the staff member for three years from the date of visa grant, the staff member also needs to declare that they intend to continue working for the University for a period of three years from the date of visa grant.

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What are the costs to the University?

Under the Fringe Benefit Tax legislation, employer nomination costs and visa costs are borne by the employer and are usually exempt from tax on the basis that they are necessary requirements in order to enable an individual to commence employment. Accordingly, there is generally no “benefit” received by a staff member.

However, as a permanent residency visa is not the minimum level of visa required for employment (which is the case for a subclass 457 visa), it is arguable that the staff member gains a “benefit” where their employer sponsors the staff member for permanent residency.

In situations where the individual is gaining a benefit from the sponsorship of a permanent residency visa or the University agrees to support visa application fees/expenses, it is highly likely that Fringe Benefits Tax is payable on the value of the benefits provided. Contact the Immigration and Relocation Team for more information.

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