Australian Work Permit for Nigerians

07 November 2019

Temporary Skill Shortage Visa

This visa is under subclass 482 and in 2018, was used to replace the Temporary Work (Skilled) visa (subclass 457). To be eligible for this permit, an approved sponsor(usually an employer) should nominate you for the position, you should be qualified for the job and meet the English Language requirements (TOEFL AND IELTS).

The temporary skill shortage visa as the name implies is a means through which a Nigerian employer sponsors a Nigerian to fill a post an Australian cannot fill. It is sub-divided into:

Short-term stream
Medium-term stream
Labour agreement stream
Subsequent entrant

The Short-term stream allows Nigerian employers to employ qualified Nigerians to fill places an Australian cannot fill. It is necessary to ensure that the occupation applied for is on the short-term skilled occupation list. With this visa, you can stay for up to 2 years or 4 years if an International Trade Obligation (ITO) applies. It costs AUD1,265 and is processed within 38-61 days.

Medium-term Stream allows a stay of 4 years in Australia. This type also allows employers to bring in qualified Nigerians. However, the position applied for must be on either the Medium and Long-term Strategic Skills List (MLTSSL) or Regional Occupational List (ROL). The Medium-term stream sub-type costs AUD2,645. The processing of this permit takes 29-49 days.

Labour agreement Stream is issued to qualified workers whose employers have an effective labour agreement with the Australian Government. This visa lets you live and work in Australia temporarily. The length of your stay would be determined by the agreement between your employer and the Government but it is usually issued for a maximum of 4 years. Its processing time is from 15-38 days at AUD2,645.

The Subsequent Entrant type is for family members of the workers. It is valid for as long as their work permit is valid and it costs AUD1,265.

Temporary Graduate Visa

Subclass 485 which is also known as the graduate work stream allows foreigners who recently graduated from an Australian Institution to temporarily live and work in Australia. The graduate must possess relevant skills and qualifications for the job description. Holders of this visa are allowed a maximum stay of 18 months during which they can leave and re-enter Australia multiple times. They are also allowed to bring in their family members.

If you are travelling with your family members, you must include their details in your application and they must be of good health. Any family member not added to the application before it is processed cannot be added afterward. Your family can also apply to join you as a subsequent entrant after you have gotten the visa. This visa costs AUD1,650 for the direct applicant and each family member travelling with you would be charged differently. It is also possible to be charged additional fees for police clearance and health checks.

Note that the Government will only grant you the visa but you have to look for employment by yourself and you must be in Australia while applying for this visa. To be eligible for this visa, you must:

be older than 18 years but less than 50 years of age.
hold a valid or recently expired student visa.
not have a subclass 485 or a subclass 476 visa.
be awarded at least one degree, diploma or trade qualification from an Australian Institution.
have studied a CRICOS-registered course.
have successfully completed all course requirements.
have studied in English Language.
have completed your course as a result of at least two academic years (92 weeks) study.
have been physically in Australia for at least 16 calendar months to complete the study.
have a qualification level closely related to the occupation applied for.
show proficiency in the English Language with proof such as results of IELTS, TOEFL iBT, PTE Academic, OET, etc.
have adequate health insurance.
sign the Australian Value Statement.
owe the Australian Government no debt.

You can get retirement benefit funds after you exit Australia if you were paid AUD450 or more before tax in a month during your work period

Work Rights in Australia

All workers including foreigners in Australia are entitled to fundamental rights and protection. In the same manner, workplace laws are to be kept by both foreigners and nationals alike. Work rights are set by legal documents such as an employment contract. If you do not have a legal work binding, then you can still receive minimum pay and enjoy protection under the CommonWealth Work Place laws.

The Commonwealth workplace laws ensure that no employee over the age of 21 in the national workplace relations system is paid less than the minimum wage. The national minimum wage is mostly determined by the Minimum Wages Panel within the Fair Work Commission.

There are 10 basic entitlements that all employees in the national workplace relation system receive. This was effected from January 1, 2010 and they are known as National Employment Standards (NES). They are:

Requests for flexible working arrangements
Community service leave
Maximum weekly hours of work
Parental leave and related entitlements
Public holidays
Long service leave
Notice of termination and redundancy pay
Provision of a Fair Work Information Statement
Compassionate leave and family and domestic violence leave
Annual leave

The Fair Work Act 2009 protects employees against unlawful workplace discrimination which could arise as a result of race, color, age, religion etc. If an investigation shows that the employee has been affected by discrimination, the Fair Work Ombudsman may take enforcement action.

For more information on Work Permits, read this piece.

Australian Embassy in Nigeria

Address: 5th Floor, Oakland Centre, 48 Aguiyi Ironsi Street
Maitama, PMB 5152, Wuse Post Office, Abuja 00009
Nigeria.
Telephone: (+234) 9 461 2780, (+234) 803 307 3519
E-mail: [email protected]
Website: nigeria.embassy.gov.au

Do you need further help on how to get an Australian Work Permit/visa as a Nigerian? You should see this.