Employer Sponsored Visas

Transcription

1 These employer sponsored options enable Australian employers to recruit skilled overseas nationals. Benefits to employers include: Satisfying recruitment needs and shortages Transferring specialised knowledge and skills to local s Maximising existing areas of expertise Table 1. Permanent Resident Visas Temporary Resident Visas Visa Type Subclass Visa Type Subclass Employer Nomination Scheme 121 (Offshore) 856 (Onshore) Business 457 Regional Sponsored Migration Scheme 119 (Offshore) 857 (Onshore) (Offshore) 855 (Onshore) Occupational Trainee 442 Employer Nomination Scheme (ENS) ENS is a two-stage process involving applications and submissions from both the employer and the nominated. Employer Employee Step 1. Employer Nomination Criteria for assessing employer nomination Criteria for assessing nominated Employer: is of good standing; and has satisfactory record of compliance with Immigration Law and Workplace Relations Law; and Employer s business: has need for a paid ; and is located in Australia and lawfully operating in Australia; and is operated by Employer; and Position vacancy is for an occupation on the ENS list*; and Position is full time, at least 3 years, and not excluding possibility for renewal; and Position meets minimum base salary requirements* and Employer has satisfactory training record or, in the case of a new business, makes satisfactory provision for future training; and Terms and conditions of employment are in accordance with standards for working conditions under Australian Industrial Laws At time application is lodged, the applicant has the skills required for the position in 1 of 3 ways: 1) has skills assessed, and unless exceptional circumstances apply, has 3 years work experience in the nominated occupation; or 2) has been working full-time in the nominated occupation in Australia for at least the last 2 years, including at least the last 1 year working for the nominating employer, while holding a specified temporary residence visa (e.g. 457 visa); or 3) has been nominated to fill a position that attracts a base salary of at least AUD250,000 per annum If applicable, meets mandatory licensing, registration or professional body membership requirements Nominated position is still available Is less than 45 years of age unless exceptional appointment Has vocational English ability* unless exceptional appointment Family unit meets mandatory health/character requirements Accompanying family members aged 18 years or over, have at least functional English or payment of second instalment fee is made Created September 2010 Legal practitioners employed by Visa Lawyers Australia Pty Ltd are members of the scheme. Page 1 of 5

2 Regional Sponsored Migration Scheme (RSMS) RSMS is a three-stage process involving certification by a Regional Certifying Body* as well as application submissions from both the employer and the nominated. Some conditions for visa options for positions in a Regional Area* of Australia are more relaxed. Step 1. Nomination Certification Step 2. Employer Nomination Criteria for nomination certification by Regional Certifying Body Criteria for assessing employer nomination Criteria for assessing nominated Position is genuine and full-time Unless exceptional circumstances apply, the position requires a person who has at least Diploma level qualifications or equivalent Position and employer are located in a Regional Area* Position is available for a fixed term of at least 2 consecutive years If applicable, the terms and conditions of employment meet the standards for working conditions provided under Australian industrial laws Continues to meet the criteria for Certification Nomination certified by Regional Certifying Body* Unless exceptional circumstances apply, has skills relevant to position Has at least Diploma level qualifications or equivalent Is less than 45 years of age Has at least Functional English* If applicable, meets the mandatory professional licensing, registration or membership requirements for the occupation Position is still available The nominated and their family members meet the health * and character * criteria Created September 2010 Legal practitioners employed by Visa Lawyers Australia Pty Ltd are members of the scheme. Page 2 of 5

3 The Temporary Business (work) Visa (subclass 457) Applying for this visa involves 3 stages. Two of these stages are undertaken by the employer and one stage is undertaken by the job/visa applicant. Step 1. Sponsorship Application Step 2. Employer Nomination Criteria for assessing employer s sponsorship application Criteria for assessing employer nomination Criteria for assessing nominated Employer is a lawfully and actively operating business There is no adverse information* known to Immigration about Employer or Employer must abide by sponsorship obligations* Employer complies with benchmarks for training* Employer has a strong record of, and demonstrated commitments to employing local labour and non-discriminatory employment practices Occupation must correspond to an occupation on the subclass 457 list* Base rate of pay must be no less than the temporary skilled migration income threshold (TSMIT)* Terms and conditions of employment are no less favourable than those provided to an Australian performing equivalent work in employer s workplace at same location Essentially applicant will be employed and paid at market salary rates No adverse information known to Immigration about sponsor or Applicant intends to perform the nominated occupation and occupation is genuine Applicant has skills for the position Applicant will be paid at TSMIT and at market salary rates Applicant meets English language standards (if No adverse information known to Immigration about sponsor or Applicant and family members meet health and character requirements Applicant provides evidence of adequate health insurance Created September 2010 Legal practitioners employed by Visa Lawyers Australia Pty Ltd are members of the scheme. Page 3 of 5

4 s (subclasses 457, 120 and 855) s are formal agreements to recruit a number of overseas skilled workers. Both temporary (subclass 457) and permanent visas (subclasses 120 and 855) can be granted under the agreement. s are generally effective for two to three years. s may be suitable in the following situations: occupations that are not on the list of approved occupations for the Temporary Business (Long Stay) Subclass 457 visa, Permanent Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme, yet a genuine skills shortage exists or occupations are not covered under the Australian and New Zealand Standard Classification of Occupations (ANZSCO) where a business recruits labour for supply to an unrelated business and/or the hiring of labour to unrelated business meat companies Criteria Position Requirements Criteria for assessing Nominated Employee Criteria Position Requirements Criteria for assessing Nominated Employee The employer needs to show: an ongoing requirement to recruit overseas skilled workers for a number of years evidence of the 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 evidence that they are a lawfully operating business a good business record showing compliance with relevant laws and regulations evidence of previous compliance with immigration laws (if it will be the direct employer of the recruited The following criteria must be met: the position was specified in the the agreed number of positions included in the Labour have not already been filled the terms and conditions of employment offered are in accordance with the Labour if the position is for permanent residence, the nominated is under 45 years of age unless exceptional circumstances apply the position nominated requires the qualification and skills (including English language skills) specified in the Labour For temporary and permanent visas, the must: be nominated to work in Australia by an organisation that has entered a Labour have the relevant skills (including English language skills), qualifications and experience specified in the agreement meet mandatory licensing, registration or professional membership requirements (if be under 45 years of age unless exceptional circumstances apply. This applies to permanent Labour visas (Subclass 120 and 855 only) along with any family member applicants, meet mandatory health and character criteria accompanying family members aged 18 years or over, have at least functional English or payment of the second installment fee is made. Created September 2010 Legal practitioners employed by Visa Lawyers Australia Pty Ltd are members of the scheme. Page 4 of 5

5 Occupational Trainee Visa (subclass 442) This visa is designed to allow persons who have completed a course of study either in Australia or overseas, and who are over the age of 18, to undertake a traineeship with an Australian government organisation or private body, such as a company, in a field closely related to their course of study. It may also be used by foreign nationals who are undertaking a course of study at an overseas educational institution and will be given credit toward the grant of an award at the overseas institution for undertaking occupational training in Australia. Organisation Organisation Trainee Sponsorship Criteria Nomination Criteria Visa Application Sponsorship Criteria Nomination Criteria Visa Application The organisation must be one of the following an Australian organisation that is lawfully operating in Australia; or a Government agency The organisation must have a good business record and abide by Australian laws. This includes: there is no adverse information* known about the organisation if the organisation has previously sponsored overseas workers to Australia, they must have a satisfactory record of complying with Australian laws the activities of the organisation must not be illegal in Australia The organisation must abide by sponsorship obligations* The sponsor must: provide details of the proposed workplace based training. the training must come within 1 of the following 3 schemes: stream 1: Occupational training required for registration stream 2: Structured training to enhance skills in an eligible occupation stream 3: Workplacebased training for capacity building overseas the position for the trainee must be aligned with at least 1 occupation found on the Subclass 457 List provide details of the skills, qualifications and experience of the individual who will undertake the training show that the occupational trainees will be paid in accordance with Australia s Industrial Relations laws if they are s of an organisation, unless agreed otherwise The nominated trainee must meet all of the following requirements: be sponsored by an approved occupational trainee sponsor be seeking to enter and remain in Australia to undertake the occupational training be at least 18 years of age unless exceptional circumstances apply have sufficient English to undertake the training program and to ensure occupational health and safety standards are met have a genuine intention to stay temporarily in Australia to carry out the training for which they have been nominated have adequate arrangements for health insurance for the duration of their intended stay in Australia be of good health and character Additionally, if the nominated trainee is in Australia on a student visa, they will need to show they have successfully completed the principal course of study for which their student visa was granted and: they intend to undertake a period of supervised work experience for professional registration either in Australia or in their home country; or they intend to undertake a supervised occupational training program in a closely related field for up to 12 months. Legal practitioners employed by Visa Lawyers Australia Pty Ltd are members of the scheme. Created September 2010 Page 5 of 5