Employer-Sponsored Visa: English Requirements

Temporary Skill Shortage (TSS) Visa – Subclass 482

The TSS visa is a temporary employer-sponsored visa that allows Australian employers to nominate highly skilled professionals for temporary visas to address shortages in the Australian labour market.

There are three streams available under this visa program:

• Short-term stream (ST): this stream allows employers to recruit skilled workers for short-term positions across various occupations, with a maximum duration of two years (or up to four years if an International Trade Obligation (ITO) applies).
• Medium-term stream (MT): this stream is designed for employers to address critical skills shortages. It provides employer sponsorship for up to four years.
• Labour Agreement stream (LA): this stream allows employers with a work agreement with the Commonwealth to sponsor skilled workers for specific occupations under a labour agreement.

The level of English proficiency for the Subclass 482 visa varies depending on the stream.

The required English language proficiency for applicants in the Labour Agreement stream is generally the same as that for Short-term stream visa applicants unless a concession is granted within the work agreement and approved by the Minister. In such cases, meeting the specific requirements outlined in the work agreement is sufficient.

Skilled Employer Sponsored Regional (SESR) Visa – Subclass 494

The SESR visa is a regional temporary visa that offers a pathway to permanent residency through the Skilled Regional Permanent Residence Visa (subclass 191).

This visa addresses labour shortages in regional Australia by allowing employers to hire skilled workers willing to live and work in a regional area for the long term.

There are two streams under this visa program:

• Employer-Sponsored stream (ES): This stream allows regional employers to hire skilled overseas workers for specific occupations for up to five years. After three years, visa holders may be eligible to apply for permanent residency.
• Labour Agreement stream (LA): This stream is for regional employers with a labour agreement with the Commonwealth, enabling them to recruit skilled workers for occupations listed in the agreement for five years. Like the Employer-Sponsored stream, visa holders may be eligible to apply for permanent residence after three years.

The required level of English proficiency for the Subclass 494 visa under the Employer-Sponsored stream is “Competent English”, which corresponds to a score of:

To satisfy the English language requirements under the SESR Labour Agreement stream, an applicant must have the necessary English skills to be accepted for the nominated position. In general, the required level of English is the same as that for the Employer-Sponsored stream; this is Competent English unless the labour agreement includes a specific exemption. In that case, following the requirements in the labour agreement is enough.

Employer Nomination Scheme (ENS) Visa – Subclass 186

The ENS program allows employers to sponsor skilled workers for permanent residence.

There are three streams under this visa program:

• Temporary Residence Transition (TRT): This is for current TSS or Subclass 457 visa holders who have worked in their nominated occupation with the same employer for at least two out of the three years before being nominated.
• Direct Entry (DE): This stream enables employers to nominate skilled workers for permanent residency, even if they have not previously been nominated for a temporary visa. The nominated occupation must be on the relevant occupation list at the time of application.
• Labour Agreement stream (LA): This is for individuals sponsored by an employer who is part of an existing labour agreement and are not eligible for the TRT or DE streams.

The required level of English proficiency for the Subclass 186 visa applicants under the Temporary Residence Transition and Direct Entry streams is the same; “Competent English”, which corresponds to a score of:

For the Subclass 186 visa in the Labour Agreement stream, an applicant must have English skills suitable for the job, as specified in the labour agreement.

Who is Exempt from English Language Testing?

Demonstrating English proficiency is a key requirement when applying for employer-sponsored visas. However, there are specific situations where applicants can be exempt from this requirement.

For all Employer-sponsored visas (subclasses 482, 494 and 186), an applicant may be exempt if they hold a passport from one of the following countries:

• Canada
• New Zealand
• The Republic of Ireland
• The United Kingdom
• The United States of America

In addition to the above, but only for Temporary Skill Shortage (TSS) Visa – Subclass 482 visa program, applicants may also be exempt from the English requirements if they fall into one of the following categories:

1. Education in English

• • An applicant may be exempt if they have completed at least five years of full-time study in English at a secondary or higher education institution.

2. Occupation-Based Exemptions

• • Diplomatic or Consular Roles: If the nominated occupation involves working at a diplomatic or consular mission of another country or at an office of the Authorities of Taiwan, visa applicants may be exempt from English testing.
  • License, Registration, or Membership Requirements: If the occupation in Australia requires applicants to hold a specific license, registration, or membership, and the applicant had to demonstrate an equivalent or higher level of English proficiency to obtain it, they may be exempt.

3. Employees of an Overseas Business

• • If the applicant is an employee of an overseas business, and the business (or its associated entity) has nominated them to work in Australia, they may be exempt if their guaranteed annual earnings will be at least AUD 96,400.