Following the granting of registration as a nurse here in NSW and prior to migration, overseas educated nurses must hold a visa, which permits them to work in Australia. DIMA recognises that there is a shortage of nurses in Australia and currently lists nurses on the Migration Occupation in Demand List (MODL). Along with medical practitioners, priority processing is given to visa applications made by nurses.
Overseas educated nurses can enter Australia as independents and seek employment or they can take advantage of arrangements in place for the sponsorship of nurses. Health and character requirements have to be met by all visa applicants. A streamlined character requirement is in place for subclass 457 visa applicants. They can enter NSW on the following variety of permanent and temporary visa sub-classes:
4.3.1 Business 456 (Short Stay) visa
This visa is available to overseas educated nurses seeking to undertake pre-registration bridging programs which can be completed within three months and do not involve employment. In many cases, this is the most streamlined visa option as it involves only a visa application rather than a nomination followed by a visa application.
Applications for these visas can only be made when the nurses are outside Australia, and lodged at the DIMA overseas office. Generally, the nurses will be expected to provide evidence of confirmed enrolment in the bridging program, as well as evidence of a satisfactory IELTS examination result if from a non-English speaking country.
As nursing is a profession considered to be of special health significance, applicants will also be required to undertake a medical exanimation, chest x-ray, HIV and Hepatitis B and C testing.
A short stay business visa allows a stay in Australia of up to three months, and it should be noted that the visa cannot be extended while the applicant remains in Australia. However, nurses who successfully complete their course and obtain registration may be able to apply for an employer-sponsored temporary residence visa and remain in Australia while their application is processed. The short stay business visa is also subject to a work limitation which generally precludes employment in Australia.
4.3.2 Business 457 (Long Stay) visa
This visa sub-class involves three stages: sponsorship application lodged by an organisation to be recognised as a business sponsor; nomination application – lodged by an approved business sponsor to recruit a person to occupy a certain position/ occupation; and visa application – lodged by the visa applicant. An applicant can validly lodge a visa application if he/she has an approved business sponsor.
During the 2004-2005 financial year, statistics show that overseas educated nurses were using the temporary (457) visa option more than any other subclass (see
Appendix E). This subclass generally allows streamlined, as well as priority processing,
for nurses. This option allows registered or enrolled nurses to work temporarily in Australia for a period of more than 3 months but not more than 4 years. Visa holders can renew visas with DIMA onshore before the twenty-eight days expire. The main visa holder is subject to work conditions in that he/she is only allowed to work for the sponsoring organisation. In the case of a nurse who is sponsored by the NSW Department of Health, the visa holder can work in any of the hospitals within the coverage of any area health service. The secondary visa holder/s (dependant/s of the main visa holder) is/are not subject to a work condition and can work with any employer. Overseas educated visa holders can lodge their visa application electronically via DIMA’s on-line lodgement at http://www.immi.gov.au. or they can lodge a paper application to a DIMA office in Australia. Visa applications lodged electronically will default to the DIMA office, which approves the business sponsorship application.
An approved business sponsor who sponsors a nurse under 457 is committed to honour their financial undertakings in relation to the visa holder and dependants. The undertaking includes payment of salary indicated in the nomination (but should not be less than the gazetted minimum salary level), payment of superannuation and other entitlements.
4.3.3 Employer Nomination Scheme 121/856 (ENS)
This is a permanent visa option for overseas educated nurses who are sponsored by an Australian company or organisation. Age as well as qualification requirements (the same with temporary and other permanent visa subclasses) are considered in this subclass.
4.3.4 Regional Sponsored Migration Scheme 119/857 (RSMS)
Overseas educated nurses may be considered under the RSMS. This visa subclass is a permanent entry subclass. Visa holders are granted permanent residence on the basis that they are to work in regional areas.
4.3.5 Independent Skilled
This permanent visa is for nurses who are not sponsored by a business sponsor/ organisation. A point system is in place and age and other factors are considered in the application.
Nurses who have a visa under ‘General Skilled Migration’ and are applying onshore at the completion of their studies can now apply electronically.
4.3.6 Visa Options for Overseas Students
Overseas educated nurses undertaking further formal education can apply for a student visa. A student visa is usually issued for the proposed length of study and must be renewed before the expiry date. Under this visa applicants are permitted to work up to a maximum of 20 hours per week. The Australian Government requires all those on a student visa to have approved health cover for the duration of their visa.
4.3.7 Working Holiday Maker Visa 417 (WHM)
Overseas educated nurses under 30 years of age have the option to enter Australia for 12 months on a temporary working holiday maker visa. This visa is granted to nationals of countries where there is an existing agreement allowing a working holiday maker visa arrangement. Australia currently has reciprocal WHM arrangements with: the UK, Canada, the Netherlands, Japan, Republic of Ireland, Republic of Korea, Malta, Germany, Denmark, Sweden, Norway, the Hong Kong Special Administrative Region (HKSAR) of the People‘s Republic of China, Finland, the Republic of Cyprus, France, Italy, Belgium, Estonia and Taiwan.
WHMs are permitted a stay of 12 months from the date of initial entry to Australia, regardless of whether or not they spend the whole period in Australia. From 1 July 2006, overseas educated nurses can only work with any one employer for a maximum period of six months. NSW Health believes this can be very disruptive to the wards as the nurse just starts to settle in and then is required to change employers. DIMA considers that working holidays are supposed to be holidays supplemented by some work, and that if the nurses want to work for long periods of time at the same hospital, they should really have a different visa.
From 1 July 2006 nurses who are eligible for a WHM visa may undertake bridging courses of up to four months duration under the conditions of this visa. The period of stay in Australia can be extended if the visa holder spends time fruit picking in regional locations. A working holiday maker visa is a qualifying visa for a 457 visa.
4.3.8 Visa Option Issues
At present in NSW, there are no visa options available for the overseas educated nurses undertaking bridging programs beyond three months. The Committee recommends the availability of the occupational trainee (442) visa option. This visa will allow overseas nurses to enter NSW and take assessment programs like the Graduate Education Program (See Chapter Five).
Occupational trainee-subclass 442 is available for bridging courses involving a supervised training program that is workplace rather than classroom-based. The occupational trainee visa is a two-stage process which requires an Australian organisation to nominate the trainee and provide an occupational training program before a visa application is made. An occupational training program should:
Clearly relate to the applicant’s current occupation, field of study or area of expertise.
Be designed to enhance the current skill level.
Include classroom or work-based training and at least 70% of supervised work experience.
Be consistent with their employment or education history.
Be designed so that the skills obtained will be readily usable in Australia or home country and
Not impact upon occupational or training opportunities for Australian citizens and residents.
Where the training program involves work, trainees are expected to be employed under the relevant Australian legislation or Commonwealth State or Territory award.
All nominations are processed in Australia, and should be lodged at the nearest office of the department. Nurses overseas at the time of making their application should lodge their application at the nearest DIMA overseas office and must be outside of Australia when their visa is granted. Nurses who are in Australia at the time of making the application should lodge their application at the nearest office of the department and must be in Australia when their visa is granted.
An occupational trainee visa can be granted for up to 2 years. A subsequent occupational trainee visa may be applied for, but requires a new nomination and visa application.
2. Recommendation:
That the occupational trainee (442) visa be made available for overseas educated nurses in New South Wales. This will allow overseas educated nurses to undertake competency assessment in an Australian context that is necessary for registration in NSW.