Transcript IMMIGRATION SNAKES & LADDERS Employer Sponsored VISAS

IMMIGRATION
SNAKES & LADDERS
Employer Sponsored
VISAS EXPLAINED
• Brian Kelleher
• Registered Migration Agent
• marn: 0105197
Occupational Trainee Visas –Sub
Class 442
This visa allows work based training for additional or
enhanced skills in nominated occupations to be
completed by eligible applicants.
There are three streams of proposed occupational
training that the applicant may be eligible for:
(a)
Practical experience or training required for
registration in their occupation for employment
in Australia or overseas
(b)
Structured workplace training to enhance the
person’s existing skills in an eligible occupation
Occupational Trainee Visas –Sub
Class 442
(c)
Structured Workplace Training to enhance
the person’s skills and promote capacity
building overseas
Important Criteria to Remember:
The nominated occupation must appear on the
Consolidated Skilled Occupation List (Schedule 1 & 2)
that was released on July 1st 2012
The Training or practical experience must be for a
specified period, usually determined by apprenticeship
Board or registration body. This will be evidenced by a
formal letter from that body
Occupational Trainee Visas – Sub class
442
There are three applications
1. The Employer or Organisation applies to be a sponsor.
Sponsorship approval is valid for up to three years.
(a) Form 1377
(b) Fee: $420.00
(c) Evidence to show that the sponsor is a
legitimate and viable business able to take on new
trainees.
(d) Design and deliver the training requirements
(E) Nominate the training including the person
undertaking the training
(F) Agree to the Dept of Immigration’s monitoring
requirements
(G) Meet all sponsorship obligations
Occupational Trainee Visas – Sub class
442
There are three applications
2. The Employer or Organisation applies to be a sponsor.
Sponsorship approval is valid for up to three years.
(a) Form 1378
(b) Fee: $170.00
(c) Evidence to show that the sponsor is a
legitimate and viable business able to take on new
trainees.
(d) the training will be undertaken in Australia
(E) The eligibility of the proposed training for this visa
(F) Proof of the skills and experience required for the
position
(G) Suitability of the applicant’s skills and
qualifications to undergo the training
Occupational Trainee Visa – Sub class
442
3. The applicant applies for the visa
(a) Form 147
(b) Fee: $315.00
(c) Evidence of sponsor Approval
(d) Evidence that the nomination application has been
lodged or approved
(E) Evidence of the applicant’s personal and
professional attributes
(F) Evidence of financial support
(G) Evidence of adequate health insurance training
(H) Meet health and character requirements
Temporary Business Sponsorship –
subclass 457
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Bridge the skills gap
Work ethic – practices may be better as they
have committed for a period to an employer
with the potential goal of PR (Permanent Residency)
Local labour may well quit their jobs and move south
for better opportunities – migrants will stay
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Cost effective – already getting someone
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skilled = less training costs involved
Employers will be able to choose the best on offer
before committing – overseas experience
Where do they Come From?
How Do We Meet Them?
a. Offshore recruitment – Trades, IT, Nurses,
Hospitality Industry
b. Working Holiday makers – Trades, IT,
Nurses, Hospitality (chefs, cooks)
c. Existing 457 workers looking for better
opportunities
Subclass 457 – Temporary Business
Sponsorship
Working Holiday Eligible Passports
a.
b.
c.
d.
e.
f.
g.
h.
Belgium
Canada
Republic of Cyprus
Denmark
Estonia
Finland
Germany
Hong Kong Special
Administrative Region of
the proper Republic of
China
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Republic of Ireland
Italy
Japan
Republic of Korea
Malta
Netherlands
Norway
Sweden
Taiwan
The United Kingdom
Subclass 457
Employers can sponsor approved skilled
workers on a temporary visa
Employers can be after
• Australian Business
• Overseas Business
Employers can nominate a number of
positions for different occupations under
the same sponsorship application
The 457 visa can employ overseas
workers for a period of between one
day and four years. Once they enter
they can travel in and out of
Australia any number of times
They can also bring dependant family
members who can work and study
Employer needs to be approved as an eligible
sponsor
a.
b.
If you operate in Australia, you must
consider bench marks relating to the
training of citizens and PR
Must attest that they have a strong
record or a demonstrated commitment to
I.
II.
c.
Employing local labour
Non discriminatory employment
practices
No adverse information known about the
business within the previous 3 years
Training Bench marks – Must demonstrate
their contribution and commitment to the
training of Australians by providing
evidence of meeting the training bench
marks
Obligations of the Employee
a.
Be sponsored by an employer to fill a nominated
position
b.
Have skills, qualifications, experience and an
employment background which matches those required
for the position – eg. trade may require a skills
assessment
c.
Demonstrated English Language proficiency – IELTS at
least 5 in each of the 4 test components of speaking,
reading, writing and listening. Exception is when the
occupation itself requires a higher level of English
d.
Meet character requirements
e.
Health requirements – health insurance
Nomination
a.
Position must be in your business or
related business
b.
Be in relation to an approved occupation
– Special list called consolidated
skilled occupations list schedule 1 and 2
for Nominations in Relation to subclass
457
c.
Special dictionary supplied by the
Australian Bureau of Statistics called
the Australian New Zealand Standard
Classification of Occupations (ANZSCO)
which helps define and occupations and
its tasks and duties
d.
English Language Requirements
Nomination
Monitoring of Businesses
Employers will be monitored for compliance with their
sponsorship obligations
a.
b.
c.
d.
e.
Obligation to cooperate
with inspectors
Obligation to ensure
equivalent terms and
conditions of employment
Obligation to pay travel
costs to enable sponsored
persons to leave Australia
Obligation to pay costs
incurred by the
Commonwealth to locate
and remove an unlawful noncitizen
obligation to keep records
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Obligation to provide
records and information to
the Minister
Obligation to provide
information to Immigration
when a certain event
occurs
Obligation to ensure the
primary sponsored person
does not work in an
occupation other than an
approved occupation
Obligation not to recover
certain costs from a
primary sponsored person
or secondary sponsored
person
Sanctions
a.
Sanctions for failing to satisfy
sponsorship obligations
b.
Other circumstances in which the
Minister may take administrative action
Market Salary Rates
Must comply
i. Minimum to be paid is $51,400.00
ii. This has no bearing on what the actual
applicant should be paid
iii.Where there is an equivalent Australian
in the workplace, the market salary rate
will be determined by the industrial
arrangement that applies to this worker
Examples of industrial arrangements
include enterprise agreements, industrial
awards, award conditions with over award
salary rates and common law contract.
Where there is no Australian performing the work, or
no applicable modern award or enterprise
agreement, the employer must provide other
evidence to substantiate the market salary rate
Example: relevant remuneration surveys or
published earnings data or evidence of what
employees performing equivalent work are paid in
similar workplaces.
Applying for the Visa
Step 1– Employer applies to be a
sponsor
Fee: $405.00
Step 2 – Employer nominates a position
Fee: $80.00
Step 3 – Employee applies for a visa
Fee: $350.00
Permanent Visa – Regional Sponsored Migration
Scheme Visa – Subclass 187 (RSMS)
This visa is for employers in regional and
low population areas who wish to
sponsor migrants for a permanent
visa to work in Australia.
They are aimed at:
a)
Skilled workers from overseas
b)
Skilled temporary residents
currently in Australia.
Visa application charges: $3060.00
Online applications
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
The RSMS visa requires:
1.
2.
3.
An Australian Employer
A skilled Employee
An eligible position
The RSMS Process involves the Employer doing the
following:
1.
Nominating the position they wish to fill
2.
Arranges certification by the Regional Certifying
Body
3.
Seeks approval of the nomination from the
Department
4.
Recruits the overseas worker to fill the nominated
position
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
The RSMS visa has three streams from which to apply:
The temporary residence transition
(A)
Application must have been on a sub class 457 visa
with the same employer in the same position for 2
years and the employer now wants to offer them a
permanent position
(B)
Skills do not need to be assessed because the
applicant has worked with the employer for two
years
(C)
Must be under 50
(D) Must have vocational English. IELTS test score of
5 across each of the four components (reading,
writing, listening and speaking)
1.
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
The RSMS visa has three streams from which to apply:
2.
(A)
(B)
(C)
(D)
The direct entry stream
This visa is for people who have never worked or
have only briefly worked in the Australian labour
market
Must show skills and qualifications relevant to
the applicant’s nominated occupation
Applicant has their skills assessed by the relevant
assessing authority if the applicant has been
nominated as a tradesperson and obtained the
qualifications outside Australia
Have competent English – 6 in each of the four
components of reading, writing, speaking and
listening
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
The RSMS visa has three streams from which to apply:
3.
(A)
(B)
The agreement stream
This stream is for people who are sponsored by an
employer through a labour or regional migration
agreement
The applicant must meet the age, skills and English
language requirements stated in the agreement
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
Regional Certifying Bodies
•
Assist employers to fill vacancies in
regional Australia
•
Assesses whether the position is
genuinely vacant and unable to be filled
by an Australian employee
.
If these requirements are met, they will
certify the position provided the
documentary evidence to prove certain
criteria are satisfactory
For the Employee, they must:
•
•
Accept the offer of employment and apply
for the visa
Meet the conditions on their visa once it
has been approved
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
The nomination must be approved before
the visa is granted
All areas of Australia are eligible
regional areas except for:
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Brisbane
The Gold Coast
Sydney
Newcastle
Wollongong
Melbourne
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS)
Regional Certifying bodies have:
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Knowledge of the skills shortages in their
local area
Know whether a business is actively operating in
their local area
Able to assess positions under the legislative
requirements of the scheme
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS) (Direct Entry)
An Eligible Position is:
1.
2.
3.
4.
5.
Located in a regional area
Cannot be filled by an Australian employee
Genuine full time vacancy
Available for at least 2 consecutive years
Requires a person with qualifications equivalent
to at least an Australian Diploma level
Eligibility of an Employer
1.
The business must be actively and lawfully
operating in regional Australia
2.
The position ,must be full time and available for
2 years
3.
The business requires a person with a diploma
level or higher
Permanent Visa – Regional
Sponsored Migration Scheme Visa –
Subclass 187 (RSMS) (Direct Entry)
Eligibility for the nomination of the position
1.
2.
3.
4.
The nomination has been approved by the
relevant regional certifying body
The business follows all relevant
Australian laws and has a satisfactory
record of meeting Immigration Laws (if
applicable)
The nominated position is in a business
operated by the employer
The position is being renumerated in
accordance with relevant workplace
legislation and awards
Permanent Visa and Temporary Visas
– Labour Agreements
Purpose of the Labour Agreements
•
Formal Agreements to recruit
overseas workers
•
Agreements are effective for two to
three years
•
Temporary and Permanent Visas can
be granted under the agreement
Permanent Visa and Temporary Visas
– Labour Agreements
An employer would consider a Labour Agreement
if the following exists:
•
Occupations are genuinely in demand but are
not on the approved occupations list for the
sub class 457 visas and are not covered
under the Australian and New Zealand
Standard Classification of Occupations
2.
Where a business recruits labour for the
supply to an unrelated business and /or the
hiring of labour to an unrelated businesses
3.
They are a meat company
Permanent Visa and Temporary Visas
– Labour Agreements
An employer meeds to do the following:
•
Request access to a Labour Agreement
•
Negotiate and sign the Labour Agreement
•
Nominate the positions that need to be
filled
•
Recruit overseas skilled workers to fill
the positions
•
Provide information to the Australian
government as part of the monitoring
activities of the Labour Agreement
Permanent Visa and Temporary Visas
– Labour Agreements
A Labour Agreement is most appropriate where:
•
The organisation has demonstrated a
commitment to employment and training
Australians
•
Evidence of a direct employer – employee
relationship
•
Evidence of ability to meet salary and training
requirements
•
Evidence of a need to fill skilled occupations
with skilled employees
Permanent Visa and Temporary Visas
– Labour Agreements
Employer eligibility:
•
Employers need an ongoing requirement to
recruit overseas skilled workers for a
number of years
•
Evidence of efforts made to recruit from the
local labour market
A Willingness to work with the government to
improve the training and recruitment
prospects of Australian workers
A record of commitment top training
Australian workers
Evidence that they are lawfully operating
businesses.
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Permanent Visa and Temporary Visas
– Labour Agreements
Employer eligibility continued:
6.
A good business record showing
compliance with relevant laws
6.
If applicable, evidence of previous
compliance with relevant laws and
regulations
6.
To be the direct employer of the recruited
employee.
Permanent Visa and Temporary Visas
– Labour Agreements
Applying for a Labour Agreement:
Step One:
Employer requests Access to a Labour Agreement
Step Two
Employer Nominates the position
Step Three
Employee applies for the visa