Phone Enquiries:   +613 9329 8744
Email Enquiries: info@erskinerodan.com.au
Immigration Lawyers Melbourne

Business Services

Erskine Rodan & Associates has decades of experience advising on corporate, business and investment migration solutions.

Click on one of the links below to find out more:

Sponsor an Employee

If you are seeking to sponsor foreign workers, or a candidate seeking to apply for a visa via a potential sponsor, there are a number of options available to you.

Employer sponsored or employer nominated visas may be appropriate where an Australian entity wishes to hire certain skilled foreign individuals, or where an overseas company wishes to send employees to work for their business/an associated business in Australia. These visas can be temporary, for example:

  • Subclass 457 Temporary Work (Skilled) visa the most common and versatile temporary visa
  • Subclass 400 Temporary Work (Short Stay) visa
  • Subclass 420 Temporary Work (Entertainment) visa – for film and entertainment crew
  • Subclass 401 Temporary Work (Long-Stay Activity) visa – for religious workers and people participating in sporting events
  • Subclass 402 Training and Research visa for trainee workers and academic research staff
  • Subclass 416 Special Program visa for seasonal workers
Employers may also sponsor candidates for permanent visas, for example:
  • Subclass 186 Employer Nomination Scheme (ENS) visa
  • Subclass 187 Regional Sponsored Migration Scheme (RSMS) visa
The employer must apply to the Department of Immigration to sponsor an individual in an approved position within the organisation, and the visa applicant must meet relevant requirements to enter/remain and work in Australia.

Erskine Rodan & Associates has worked with hundreds of candidates and employers of all kinds, from sole traders to the Human Resources Directors of publicly listed companies, as well as candidates seeking to sponsor themselves through existing or start-up companies.

We are also experienced in conducting risk management for, and defence of, companies employing foreign workers.

If you would like to find out more about employer sponsored visas, start an application, or fix an application, call a specialist immigration lawyer right now on +613 9329 8744.

Get Sponsored by an Employer

If you are seeking to sponsor foreign workers, or a candidate seeking to apply for a visa via a potential sponsor, there are a number of options available to you.

Employer sponsored or employer nominated visas may be appropriate where an Australian entity wishes to hire certain skilled foreign individuals, or where an overseas company wishes to send employees to work for their business/an associated business in Australia. These visas can be temporary, for example:

  • Subclass 457 Temporary Work (Skilled) visa the most common and versatile temporary visa.
  • Subclass 400 Temporary Work (Short Stay) visa.
  • Subclass 420 Temporary Work (Entertainment)visa for film and entertainment crew.
  • Subclass 401 Temporary Work (Long-Stay Activity) visa for religious workers and people participating in sporting events.
  • Subclass 402 Training and Research visa for trainee workers and academic research staff.
  • Subclass 416 Special Program visa for seasonal workers.
Employers may also sponsor candidates for permanent visas, for example:
  • Subclass 186 Employer Nomination Scheme (ENS) visa
  • Subclass 187 Regional Sponsored Migration Scheme (RSMS) visa
The employer must apply to the Department of Immigration to sponsor an individual in an approved position within the organisation, and the visa applicant must meet relevant requirements to enter/remain and work in Australia.

Erskine Rodan & Associates has worked with hundreds of candidates and employers of all kinds, from sole traders to the Human Resources Directors of publicly listed companies, as well as candidates seeking to sponsor themselves through existing or start-up companies.

We are also experienced in conducting risk management for, and defence of, companies employing foreign workers.

If you would like to find out more about employer sponsored visas, start an application, or fix an application, call a specialist immigration lawyer right now on +613 9329 8744.

Subclass 457 Temporary Work (Skilled) Visas

If you are looking to hire foreign personnel, or if you are a foreign worker seeking to apply for a visa via a potential sponsor employer, then the subclass 457 visa is the most commonly used pathway.

The subclass 457 visa is a popular option because, when properly prepared, these applications can be processed very quickly, and can be granted for stays of up to four years. While subclass 457 visas are not permanent visas, they are less onerous than permanent applications, and they can potentially be used to transition to a permanent visa at a later stage.

Despite its popularity, subclass 457 applications are regularly refused or delayed due to misunderstandings about the requirements of the visa. As with most immigration matters, this visa is subject to constant changes in the law and policy, and your prospect of success depends on how well you understand key issues, for example:

  • how to classify the relevant occupation, ANZSCO and the CSOL
  • how to draft a position description that checks all boxes
  • training benchmarks, even where you have done no training
  • salary thresholds and how to prove the salary is at market rates
  • employer relationships and associated entities
  • drafting employment contracts
  • English requirements, IELTS and what exceptions apply
  • 457 insurance requirements and reciprocal agreements
  • what you need to do if a 457 candidate already holds a 457 elsewhere
  • visa status of 457 candidates once they apply
  • status of family members of the 457 primary applicant
  • self-sponsoring via your own company
  • requirements for start-up companies
  • labour agreements
Once a subclass 457 visa is granted, it is essential to keep abreast of the relevant law and policy (not to mention the political climate), as strict obligations are imposed on sponsors and visa holders, and in recent years penalties for non-compliance have increased significantly. Things to be aware of include:
  • 457 sponsor and obligations
  • 457 monitoring and penalties
  • 457 visa holder obligations and cancellation
  • what to do if the employment relationship ends during the 457 visa period
  • what you need to do if your company undergoes a restructure or merger
  • leaves of absence
  • transitioning to permanent residence
Employer sponsored visas are a highly politicised visa category, subject to frequent changes. Applicants should be aware that there are several factors that, while potentially crucial to a successful application, are not widely known or published on the Department of Immigration’s website.

Whether you are an employer or candidate, our team of Accredited Specialist Immigration Lawyers invites you to work with us in order to meet your employment needs while minimising risk and delay. Call us on +613 9329 8744 to get your consultation.

Subclass 186 Employer Nomination Scheme (ENS) Visas

The subclass 186 ENS visa can be a suitable option for employers seeking to sponsor foreign workers, and foreign workers seeking to apply for permanent residency via an existing or potential employer.

In contrast to the more common subclass 457 visa, this is a permanent visa, and a potential pathway to citizenship. As such, this visa has more onerous requirements and generally takes longer to process than a subclass 457 visa. However, processing times can be significantly shorter where a complete application is lodged which has been professionally prepared by a lawyer who is registered as a migration agent.

The subclass 186 ENS visa category has three streams:

  • The Temporary Residence Transition Stream for subclass 457 visa holders who have worked for two years while holding a subclass 457 visa in the same occupation with their nominating employer who wants to offer them a permanent position in that occupation;
  • The Direct Entry Stream for applicants who have a relevant skills assessment and adequate work experience who are nominated by an employer who wants to offer them a permanent position; and
  • The Agreement Stream for applicants sponsored by an employer through a labour agreement.

Typically, many subclass 186 ENS visa applicants are transitioning from subclass 457 visas, however it is possible to apply for a subclass 186 ENS visa directly.

It is important to be aware that subclass 186 applications are regularly refused or delayed due to misunderstandings about the requirements of the visa. As with most immigration matters, this visa is subject to constant changes in the law and policy, and your prospect of success depends on how well you understand key issues, for example:

  • how to classify the relevant occupation, ANZSCO and the CSOL
  • how to draft a position description that checks all boxes
  • how to prove salary is at market rate
  • employer relationships and associated entities training
  • drafting employment contracts
  • English requirements, IELTS and what exemptions apply
  • age and exemptions
  • transitioning from subclass 457 visas
  • direct entry applications
  • proving skills, dealing with skills assessors, and exemptions
  • visa status of 186 candidates once they apply
  • status of family members of the 186 primary applicant
  • character issues
  • health issues
Employer sponsored visas are a highly politicised visa category, subject to frequent changes. Applicants should be aware that there are several factors that, while potentially crucial to a successful application, are not widely known or published on the Department of Immigration’s website.

Whether you are an employer or candidate, our team of Accredited Specialist Immigration Lawyers invites you to work with us in order to meet your employment needs while minimising risk and delay. Call us on +613 9329 8744 to get your consultation today.

Subclass 187 Regional Sponsored Migration Scheme (RSMS) Visas

The subclass 187 RSMS visa should be of interest to employers looking to hire foreign personnel in regional areas, as well as foreign workers seeking to apply for permanent residency via an existing or potential employer in a regional area.

This is a permanent visa, and a potential pathway to citizenship. Due to the shortage of skilled labour in regional areas, it is less onerous than the similar subclass 186 ENS visa. However, like the subclass 186 ENS visa, processing times can be significantly shorter where a complete application is lodged which has been professionally prepared by a lawyer who is registered as a migration agent.

The subclass 187 RSMS visa category has three streams:

  • The Temporary Residence Transition Stream for subclass 457 visa holders who have worked for two years while holding a subclass 457 visa in the same occupation with their nominating employer who wants to offer them a permanent position in that occupation;
  • The Direct Entry Stream for applicants who have a relevant skills assessment and adequate work experience who are nominated by an employer who wants to offer them a permanent position; and
  • The Agreement Stream for applicants sponsored by an employer through a labour agreement.
It is important to be aware that subclass 187 applications are regularly refused or delayed due to misunderstandings about the requirements of the visa. As with most immigration matters, this visa is subject to constant changes in the law and policy, and your prospect of success depends on how well you understand key issues, for example:
  • regional certifying bodies
  • how to classify the relevant occupation, skill levels and ANZSCO
  • how to draft a position description that checks all boxes
  • how to prove salary is at Market Rate
  • employer relationships and associated entities
  • drafting employment contracts
  • English requirements, IELTS and what exemptions apply
  • age and exemptions
  • proving skills, dealing with skills assessors, and exemptions
  • transitioning from subclass 457 visas
  • direct entry applications
  • labour agreements
  • visa status of 187 candidates once they apply
  • status of family members of the 187 primary applicant
  • character issues
  • health issues
Employer sponsored visas are a highly politicised visa category, subject to frequent changes. Applicants should be aware that there are several factors that, while potentially crucial to a successful application, are not widely known or published on the Department of Immigration’s website.

Whether you are an employer or candidate, our team of Accredited Specialist Immigration Lawyers invites you to work with us in order to meet your employment needs, while minimising risk and delay.

Call us on +613 9329 8744 to get your consultation.

Business and Investment

If you have a successful background in business or investment, and would like to participate in business or investment activities in Australia, then you may be eligible for a range of different visas. These include:

  1. Subclass 188 Business Innovation and Investment (Provisional) visa. This four-year visa can be a stepping stone to permanent residency see below. It has three alternative streams:
  • the Business Innovation stream – for people who want to own and manage a new or existing business in Australia
  • the Investor stream – for people who want to make a designated investment of at least AUD1.5 million in an Australian state or territory and maintain business and investment activity in Australia
  • the Significant Investor stream – for people who are willing to invest at least AUD5 million into complying investments in Australia and maintain business and investment activity in Australia

 

  1. Subclass 888 Business Innovation and Investment (Permanent) visa. This visa is the second stage of the subclass 188 Business Innovation and Investment (Provisional) visa. Once the requirements of the provisional visa have been fulfilled, this visa allows for permanent residency. Accordingly, this visa also has three streams:
  • the Business Innovation stream – for people who continue to own and manage a business in Australia
  • the Investor stream – for people who want to maintain business and/or investment activity in Australia after the designated investment has matured
  • the Significant Investor stream – for people who are willing to maintain business and investment activity in Australia after the original complying investment has matured.

 

  1. Subclass 132 Business Talent visa. This permanent visa comprises two streams:
  • the Significant Business History stream -for successful business people who wish to manage a new or existing Australian business
  • the Venture Capital Entrepreneur stream – for people who can draw on at least AUD1 million from an Australian venture capital firm

 

  1. Subclass 400 Temporary Work (Short Stay Activity) visa. This visa allows applicants to stay in Australia on a temporary basis to participate in short-term highly specialised work (or cultural or social events).

There are several other categories of potentially relevant visas, which Erskine Rodan & Associates can assist with. These include:

  • Subclass 600 Visitor visa
  • Subclass 601 Electronic Travel Authority
  • Subclass 651 eVisitor visa
  • Subclass 890 Business Owner (Residence)
  • Subclass 891 Investor (Residence) visa
  • Subclass 892 State/Territory Sponsored Business Owner (Residence)
  • Subclass 893 State/Territory Sponsored Investor (Residence)
Business and investment visas, particularly those that are pathways to permanent residency, tend to be complex and require a high level of evidence. Applicants should be aware that there are several factors that, while potentially crucial to a successful application, are not widely known or published on the Department of Immigration’s website.

To discuss your different alternatives with a specialist immigration lawyer, and chart a clear strategy for securing your business visa, call us on +613 9329 8744.

Reviews and Appeals

If your visa application has been refused or cancelled, there may still be a number of options for having the decision reviewed, including:

  • Migration Review Tribunal
  • Refugee Review tribunal
  • Administrative Appeals Tribunal
Even where you have been unsuccessful at the tribunal level, you may still have other options, including:
  • Ministerial Intervention
  • Federal Court
  • Federal Circuit Court
  • High Court of Australia
Navigating your way through the review process is a complex matter, and preparing a successful strategy requires expert assistance.

It is also important to note that applications for review are subject to strict time limits for lodgement and judgment, so it is essential that you contact a specialist immigration lawyer immediately. A single day can make a big difference.

Erskine Rodan & Associates has been helping clients turn around negative decisions for decades.

To discuss your options with a specialist immigration lawyer call +613 9329 8744 right now.

Complex Cases

If you have a complex matter, let Erskine Rodan & Associates help you. We have decades of experience assisting clients with complex issues including:

  • Visa cancellation and notices of intention to consider cancellation of visas
  • Impact of character/criminal issues on visa applications/status
  • Impact of health issues on visa applications/status
  • Visa overstayers/unlawful non-citizens
  • Migration offences, including: allegedly working in breach of visa conditions; allegedly presenting false documents or making false or misleading statements; alleged involvement in sham marriages
  • Risk management for, and defence of, companies employing foreign workers, including 457 monitoring, sponsorship obligations and cancellations, sanctions and bars
  • Commercial and/or employment disputes that potentially affect visa status
Such matters are complicated and often require immediate attention, as strict time limits may apply. A single day can make a big difference.

To discuss your options with a specialist immigration lawyer call +9329 8744 right now

Phone Erskine Rodan & Associates
+61 3 9329 8744
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+61 3 9328 4191
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