Visa Planning for Medical Practices

Many medical practices and hospitals sponsor doctors from overseas due to shortages of locally trained doctors in various areas. If you have any questions about this process, we invite you to join our FORUM

For an International Medical Graduate (IMG) to work in Australia as a medical practitioner the most common pathway is:

  1. Get a job offer
  2. Obtain a successful skills assessment
  3. Get registered with the Australian Medical Board (AMB)
  4. Get a visa

For most IMG’s migrating to Australia, the main pathway is the 482 visa program.

Skills In Demand (SID) Subclass 482 Visa (formerly the Temporary Skills Shortage visa)

This visa replaced 457 visa in March 2018 and is the most common pathway for medical practitioners to migrate to Australia. 457 visas issued before March 2018 will continue to be valid until their normal expiry date.

Accessing the 482 Visa Program as an Employer

To be able to sponsor medical practitioners under this program, a medical practice must be an approved Standard Business Sponsor or Accredited Sponsor. The Department of Home Affairs is currently processing these visas quick quickly. The visa is usually granted for up to 4 years and it enables the doctor to work for the sponsoring medical practice or hospital and in some circumstances other medical practices. This visa can provide a very useful stepping stone on the pathway to a permanent residence visa for the doctor.

 Stage One: Standard Business Sponsorship

To obtain approval as a business sponsor from the Department of Home Affairs (DHA), you must be able to satisfy DIBP that your practice meets a number of criteria including that the medical practice is financially sound.

Contact Us for more details.

 Stage Two – Nomination

The position to be filled by the overseas employee must “Nominated” by the medical practice or hospital. The position must be full-time and approved by DHA. This can be a complex application.

Stage Three – 482 Visa application

The prospective employee needs to make an application for a 482 visa if they don’t already hold one. If the doctor already holds a 482 visa, they can begin working for the medical practice or hospital which has nominated them as soon as the new nomination is approved. To be eligible for a Subclass 482 visa, the nominated employee will need to demonstrate that he or she:

  • has been nominated by an approved sponsor (the medical practice or hospital)
  • has the skills to match the approved nomination (for instance if you nominate a General Practitioner, then the doctor must have the necessary skills and be eligible for registration as a GP in Australia)
  • meets health and character requirements
  • meets English Language proficiency requirements, (which in the case of medical practitioners are the same as the english language requirements for registration)
  • has suitable private health care / Medicare cover/Reciprocal health care cover

Some of the supporting documentation can take several weeks to obtain, for example, evidence of professional registration (or “in principle” registration)

Wherever possible, the supporting documents should be obtained prior to lodging a visa application.

Once the visa application is approved, the employee must work for their sponsor whilst the visa remains in effect. However there are certain provisions which apply to doctors which allow them to work under a contract arrangement or take on additional work (such as private patients) outside of their normal working hours with their sponsor.

Note: There is no age limit for the applicant in this visa subclass.

Sponsorship Obligations

All sponsors of Subclass 482 visa holders (482 sponsors) are required to adhere to a set of Sponsor Obligations.

Permanent Residence Options – Employer Sponsored

Doctors who want to stay in Australia may have several different visa options, dependent on a number of factors. The table below shows which visas are available to the various medical professions and specialisations. Many of these visa options can be accessed by the doctor independent of the medical practice or hospital, however there are two options which do involve nomination by the medical practice or hospital:

Employer Nomination Scheme Visa (Subclass 186) requires that the doctor is nominated by an Australian medical practice:

  • they must have the level of registration required to perform the duties of the position for which the doctor is nominated*
  • they must be a full time employee of that medical practice or hospital (direct entry stream)
  • they may be a contractor or a full time employee of that practice (temporary residence transition stream)
  • The age limit for this visa is 44 at time of application. There are certain exemptions for Doctors (see below)

Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) is not a visa generally used by doctors, however it allows medical practices in regional areas to sponsor doctors for a period of five years, with a pathway to permanent residency after three years (via the Subclass 191 visa program). It requires that the doctor be nominated by an Australian medical practice or hospital in a Regional part of Australia (as defined by the Department of Home Affairs) :

  • they must obtain Regional Certifying Body (RCB) approval for the Region where the medical practice or hospital is located
  • they must have the level of registration required to perform the duties of the position for which the doctor is nominated*
  • they may be a contractor or a full time employee of that medical practice or hospital
  • The age limit for this visa is 44 at time of application. There are certain exemptions for Doctors (see below)

*EXAMPLE
A hospital has nominated Dr Smith under the Employer Nomination Scheme with the full understanding that the applicant is the holder of ‘Limited registration – Area of Need (Supervision Level 4)’. For the purposes of this visa program, Dr Smith is, at time of application, the holder of a licence and/or registration that enables him to perform the duties of the occupation in which the hospital has nominated him. Based on this, the applicant is considered to have met the licensing and/or registration requirements for the occupation of Medical Practitioner. (This is an abridged version of DHA policy)

Age Exemptions for Doctors

General Practitioners (GP) aged 45 years and over have two clearly defined pathways to permanent residence via the subclass 186 visa – temporary residence transition stream (186 TRT)

Pathway One:

  • The GP must hold a 482 visa and be nominated as a GP
  • The GP must have worked as a GP in a designated regional area of Australia for at least 2 years (as a subclass 482 visa holder) in the 3 years immediately before they apply for a 186 TRT visa.
  • The nominated GP position must be in a designated regional area of Australia.


Pathway Two:

  • The GP must hold a 482 visa
  • The GP must have worked in Australia for at least 2 years (as a subclass 482 visa holder) in the 3 years immediately before they apply for a 186 TRT visa.
  • The GP’s earnings must have been at least as much as the Fair Work High Income Threshold for each of those 2 years.

For more information, please see HERE

Alternate Visa Pathways

While most IMG’s come to Australia on a 482 visa, in some circumstances there may be alternate pathways, for instance:

Training Visa

The GP may be eligible for subclass 407 training visa if coming to Australia to upgrade their skills. Contact us for more information.

Questions?

If you have a question, please join our FORUM.

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