Month: February 2024

overseas-company-sponsor

Can an Overseas Company Sponsor Employees to Work in Australia?

Posted by Rebecca Berkovic on

We have arranged for overseas companies to sponsor employees to work in Australia on numerous occasions through the Temporary Skill Shortage (TSS)(subclass 482) visa program, even if the company does not yet have operations in Australia.

An overseas company is able to sponsor employees to work in Australia in the following circumstances:

  • Where the employee will establish, or assist in establishing, on the sponsor’s behalf a business operation in Australia with overseas connections; or
  • Where the employee is required to fulfil contractual obligations for the business in Australia.

Enabling global and offshore businesses to sponsor overseas employees has provided clients with a huge benefit in establishing their business in Australia or meeting contractual obligations by sending staff to Australia who are highly skilled and already familiar with the business.

For advice regarding Australian visas and sponsoring skilled overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

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.

short-term-482-visa

Applying for Australian Permanent Residency from a Short-Term 482 Visa

Posted by Rebecca Berkovic on

The Australian Government has introduced significant changes since the Australian Government released its new Migration Strategy on 11 December 2023 as part of its extensive Review of the Migration System. One significant change assisting our clients is that employees who were sponsored on Temporary Skill Shortage (TSS)(subclass 482) visas can now apply for Australian permanent residency through the Employer Nomination Scheme (ENS) (subclass 186) visa program even if the overseas worker’s occupation appears on the Short-Term Occupation List.

The time of grant for a TSS subclass 482 visa on the Short-Term Occupation List is two years. The Australian Government reduced the amount of time of holding a TSS subclass 482 visa to be eligible to apply for permanent residency via the ENS subclass 186 Temporary Residence Transition (TRT)stream to two years, down from the previous three years.

This discrepancy has left a challenge to Short-Term 482 visa holders.

The Department of Home Affairs (DHA) have agreed that on a case by case basis Short-Term 482 visa holders may be able to apply for the ENS subclass 186 visa TRT stream ‘a few days’ prior to meeting the two year requirement.

However, it may be risky to apply for an ENS subclass 186 visa only a few days before the Short-Term 482 visa expires for the following reasons:

  1. The TRT stream requires the applicant to have worked in Australia for two years prior to lodging the ENS subclass 186 visa application. Therefore, this criteria might not be met if the applicant took a certain amount of leave or travelled during the two year period; and/or
  1. The applicant may have commenced work with the employer weeks or months after the TSS subclass 482 visa was granted and in this situation the applicant would therefore not meet the two-year requirement.

Thus, in some situations before nominating employees for Australian permanent residency via the ENS subclass 186 visa program, companies may need to sponsor overseas workers transitioning from Short-Term 482 visas for an additional year.

For advice regarding Australian visas and sponsoring skilled overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

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.

right-to-disconnect

Proposed Bill to Entitle Workers in Australia to the ‘Right to Disconnect’

Posted by Rebecca Berkovic on

For our clients sponsoring overseas employees to work in Australia, it is relevant to note that the Australian Federal Government announced that it will introduce laws giving workers the ‘right to disconnect’ under the Fair Work Amendment (Right to Disconnect) Bill 2023.

Specifically, the laws will provide workers with the right to ignore engaging in ‘work activities’ outside of work hours without facing a penalty, unless the reason for the contact is an emergency or genuine welfare matter or the employee is in receipt of an availability allowance for the period during which the contact is made. Under the legislation, work activities which employees can ignore outside regular work hours include monitoring, reading or responding to emails, telephone calls or any other kind of communication from an employer.

It has also been announced that potential fines will apply to employers penalising workers for exercising the right to reasonably disconnect.

The new law is similar to the French labour law which commenced in 2017 attempting to preserve a ‘right to disconnect’ for employees.

If it passes, the ‘right to disconnect’ bill will apply to overseas workers as well as Australian employees.

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.