Month: March 2017

arrangements for part-time employment of subclass 457 visa holders

Part-time Work and the Subclass 457 Visa

Posted by Rebecca Berkovic on March 29, 2017

The Australian Department of Immigration and Border Protection (DIBP) has clarified arrangements for part-time employment of Temporary Work (Skilled)(subclass 457) visa holders in Australia.

The DIBP has emphasised that subclass 457 visa program is designed to fill genuine labour shortages within the Australian labour market where it is not possible to source Australian employees. It is therefore intended that subclass 457 visa holders are employed on a full-time basis.

Is it possible to nominate a 457 visa holder on a part-time basis?

However, in limited circumstances it may be possible for a business to employ subclass 457 visa holders on a part-time basis. Part-time work arrangement may be approved in the following situations:

Subclass 457 nomination criteria are met, including nominated earnings meeting the market salary rate and the salary threshold being met. (Please note that the DIBP has confirmed that pro-rata rates will not be considered when assessing meeting the salary threshold requirement, which is currently $53,900 per annum.)

Part-time work may be approved where nominated earnings are a minimum of $250,000 per annum.

We also note that part-time positions cannot be approved for subclass 457 visa holders under a labour agreement. This is only possible through a standard business sponsorship.

Subclass 457 visa holders returning to work after maternity leave

It is possible that circumstances for a subclass 457 visa holder will change onshore, such as an employee taking maternity leave and wishing to return to work on a part-time basis. In this situation, it is possible for a subclass 457 visa holder to reduce their hours, however the following conditions must be met:

The pro-rata hourly rate of the approved nominated salary of the subclass 457 visa holder cannot decrease and they must receive the market salary rate;
The subclass 457 visa holder’s role and duties must remain consistent with the nominated occupation and position approved under the nomination;
Reducing hours to part-time is mutually agreed upon by the sponsoring employer and the subclass 457 visa holder, (it is recommended that sponsors obtain a written agreement); and
The subclass 457 visa holder is not employed under a labour agreement which does not allow for part-time positions.

If a subclass 457 visa holder’s salary is at least $250,000 per annum, it is also possible to reduce hours to part-time without an agreement in place.

However, it is generally considered inappropriate by the DIBP to reduce a subclass 457 visa holders hours to part-time. This would mean that their guaranteed annual earnings would decrease and sponsors must ensure that subclass 457 visa holders are provided with conditions no less favourable to their Australian counterparts.

For more information on applying for subclass 457 visas, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

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.

At What Stage Can an Australian Startup Sponsor Overseas Employees?

Posted by Rebecca Berkovic on March 15, 2017

With the new Gold Rush of tech companies and startups entering the Australian market across a wide range of industries, from Fintech to Agribusiness and Medical Devices, demand for skills not readily available in the Australian workforce is in high demand. Crucial to the success of some Australian startups is the ability to hire overseas employees to implement new technologies, support the local team, and in some cases, to assist in developing whole new industries in Australia.

We are often approached by startups querying at what stage their company can tap into international talent by sponsoring overseas employees in the business.

Here are the key criteria to determine whether a new business is sufficiently established to be a sponsor:

The business must be registered and be able to provide an Australian Business Number (ABN) if the business is registering as an Australian sponsor;
If the business is operating as a company, it must provide an Australian Company Number (ACN);
There is no minimum amount of time that the business needs to be operating, but it must have the ‘flavour’ of being a legitimate business – for example, it can’t have been established for the purpose of sponsoring overseas employees;
The business must show that it will be able to cover the costs of the salaries of the overseas (and local) employees; and
It is useful if there are work contracts already in place.

With over 5,000 startups operating in Australia, the startup ecosystem in Australia is continually growing. The Government is also recognising the valuable contribution to the economy that startups achieve, through its “National Innovation and Science Agenda” which seeks to support innovation through various funding initiatives and tax incentives. The Agenda specifically supports startups through measures such as access to crowd sourced equity funding and attracting more venture capital into high potential startups as well as “ïncubators” which give startups access to mentoring, funding, and access to business networks.

It is our passion and our pleasure to be able to help Australian startups obtain the workforce that the business requires to thrive.

For more information on applying for business sponsorship and Australian visas, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

Disclaimer:

Eligibility for an Australian Temporary Work (International Relations) Visa

Posted by Rebecca Berkovic on March 8, 2017

When applying for a visa to enter Australia, it is essential to select the correct visa subclass. Applying for a visa which is not a “good fit” for the applicant’s circumstances may lead to delays in processing, the visa being refused and missing out on travelling to Australia on the date intended. For people travelling to Australia on a temporary basis, the relatively new Temporary Work (International Relations)(subclass 403) visa may be the most appropriate.

The Australian Temporary Work (International Relations)(subclass 403) visa was introduced at the end of last year to enable people from around the world to enter Australia via one of the following streams:

In relation to a bilateral agreement (Government Agreement stream);
To represent a foreign government or to teach a foreign language in an Australian school (Foreign Government Agency stream);
To do domestic work for a diplomat (Domestic Worker stream);
As a person with statutory privileges and immunities (Privileges and Immunities stream); and
To participate in the program of seasonal work (Seasonal Worker Program stream).

Duration of Visa

The length of time that visa holders can remain in Australia as the holder of a Temporary Work (International Relations)(subclass 403) visa depends on the applicable stream. The following visa durations apply:

Government Agreement stream: The visa is valid for a maximum of two years, or a shorter period approved by the relevant Foreign Ministry or government agency or the Australian signatory to the bilateral agreement.
Foreign Government Agency stream: The visa is valid for a maximum of four years, or a shorter period approved by the relevant Foreign Ministry or government agency.
Privileges and Immunities stream: The visa is valid for the period of the visa holder’s status as an international representative with privileges and immunities.
Domestic Worker stream: The visa is valid for the duration of the employer’s posting to Australia.
Seasonal Worker Program stream: Visa will be valid until a specified date, usually it will be the length of employment in Australia, and any additional time for to travel to and from the place of employment.

For more information on applying for a Temporary Work (International Relations)(subclass 403) visa, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.