Month: February 2016

Subclass 457 Visa and Self-Sponsorship

Posted by Rebecca Berkovic on February 25, 2016

In the past, it has been possible for a visa applicant to sponsor themselves for a Temporary Work (Skilled) (subclass 457) visa through self-sponsorship as a business owner. This avenue for visa applicants has now been closed by the Department of Immigration and Border Protection (DIBP).

What is self-sponsorship?

Self- sponsorship involved the following situation:

Where a visa applicant set up or ran either an Australian or international company;
That company then nominated the owner for a subclass 457 visa; and
A subclass 457 visa was granted to enable the owner to work as an employee in the business.

The idea of self-sponsorship is based on the corporations’ law principle that a company is a separate entity to an individual and therefore the company was a separate legal person to the visa applicant. This principle only applied where the business was a registered company and not a sole trader or partnership.

The visa applicant could be nominated to work as an employee of the business as long as there was legally an employer-employee relationship between the visa applicant and the company.

Change in policy

There has now been a change in the policy of the DIBP to prevent the situation of self-sponsorship into the future.

The DIBP has amended the policy to state that:

“The program is not intended to be used for non-citizens to establish a business in Australia and self-sponsor themselves; there are other visa pathways available for such purposes.”

Basically, it will not be considered a “genuine” position by the DIBP if the director of a company (Australian or international), nominates themselves for a subclass 457 visa any longer.

Further advice

Requirements of the subclass 457 visa are ever-changing and often complicated.

For advice regarding Australian work visas and sponsoring overseas workers, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance or call our office:

Australia: +61 3 9021 0986
London: +44 20 3670 4586

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

New Short-Term Work Visa

Posted by Rebecca Berkovic on February 17, 2016

Discussions are underway by the Australian Federal Government to introduce a new short-term work visa to enable skilled migrants to work in Australia for up to a year. This visa will be called the Short-Term Mobility visa.

So far, details of the visa can be summarised as follows:

When will this visa be implemented?

This visa is proposed to be introduced in July 2016. We will keep our clients, contacts and colleagues informed when it does come into effect.

Length of the visa

The visa is intended to be valid for a 12 month period.

Terms of the visa

This visa will allow multiple entries into Australia by the visa holder to undertake specialised work for a short-term period.

An advantage of the Short-Term Mobility visa for Australian businesses requiring the services of overseas workers is that visa applicants will not be required to meet a minimum level of English language proficiency and no market testing provisions are intended to apply to this short-term visa.

Applications can be made from Australia or offshore. However, family members will not be able to be included as secondary applicants on the Short Term Mobility visa.

Intended purpose

The Short-Term Mobility visa is part of the Australian Government’s initiative to simplify work visas and enable Australian businesses more flexibility in terms of attracting skilled migrant workers for short-term periods of employment. This visa will allow employers to fill short-term vacancies for specialised workers and may include intra-company transfer.

The Short-Term Mobility visa will also enable businesses to bring skilled workers to Australia without the pressures and costs of the Temporary Work (Skilled) (subclass 457) visa, which can be bureaucratically cumbersome.

Australia: +61 3 9021 0986
London: +44 20 3670 4586

Disclaimer:

Employer Sponsored Visas and New Declaration Requirement

Posted by Rebecca Berkovic on February 8, 2016

Following the introduction of the Migration Amendment (Charging for a Migration Outcome) Act in December 2015, it has become illegal for employers to receive a “benefit” for sponsoring workers for an Australian visa.

Practically, this affects our clients in that the Department of Immigration and Border Protection (DIBP ) has now introduced new declaration forms which are required to be signed by both the sponsoring employer and the visa applicant when applying for an Employer Sponsored visa including:

Temporary Work (Skilled) (subclass 457) visas;
Employer Nomination Scheme (subclass 186) visas; and
Regional Sponsored Migration Scheme (subclass 187) visas.

Links to the forms are as follows:

Sponsoring Employer Declaration

Visa Applicant Declaration

A sponsoring employer must now certify that they have not received a “benefit” for sponsoring the overseas worker for an Australian visa. A “benefit” is defined as:

(a) A payment or other valuable consideration;

(b) A deduction of an amount;

(d) An advantage;

(e) A service; or

(f) A gift.

For subclasses 186 and 187 nomination and visa applications lodged after 14 December 2015, declaration forms must also be lodged with the DIBP.

For advice regarding Employer Sponsored visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance or call our office:

Australia: +61 3 9021 0986
London: +44 20 3670 4586