Category: Standard business sponsorship

genuine-temporary-entrant-criteria

Changes to the TSS Subclass 482 Genuine Temporary Entrant Policy

The Australian Government announced that from 2 August 2024, policy regarding the Genuine Temporary Entrant (GTE) requirement for Temporary Skill Shortage (TSS)(subclass 482) visa applicants with occupations on the Short Term Occupation List have been amended to simplify the requirement.

The updated policy states that the default position of the GTE policy is that the requirement will be met unless there are specific concerns, which have been reduced to now only include the following factors:

  • The visa applicant has made two or more unsuccessful TSS applications that were refused or withdrawn, particularly, where:
    • the nominated occupation has changed with each application; and/or
    • the nominated occupation is not consistent with their previous employment or studies in Australia.
  • The visa applicant failed to comply with the conditions of a previous visa and/or had a previous visa cancelled or is being considered for cancellation except where a subclass 457 or 482 visa was cancelled following cessation of employment and the applicant was offshore.
  • There are substantive inconsistencies in the information provided by the applicant in their TSS subclass 482 visa application that cannot be reconciled (for example: occupation/s declared in previous applications, incoming passenger cards, Form 80 etc.).
  • The visa applicant or their family member has an immigration history of concern, that is, an applicant who has a history of visa refusal, or non-compliance with immigration requirements in another country.
  • The visa applicant has been identified as part of a cohort in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the Department.

Notably, the factors mentioned in policy previously that may give weight to GTE not being met have been reduced significantly. Within the current policy, having held previous temporary visas (including other 482 Short Term stream visas) or not having left Australia for prolonged periods is NOT listed as a factor for meeting the requirements of GTE.

However, the factors listed in the new policy are non-exhaustive and the Department of Home Affairs (DHA) is not limited solely to these factors in deciding whether visa applicants meet the requirements for GTE.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

 

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.

australian-visas-1-July-2024

ADDITIONAL CHANGES TO AUSTRALIAN VISAS FROM 1 JULY 2024

The Australian Federal Government is continuing with its host of reforms to Australian visas and additional changes have been introduced which came into effect on 1 July 2024.

The changes include the following:

  • Salary Threshold changes for subclass 482 and 494 visa applicants: The Temporary Skilled Migration Income Threshold (TSMIT) will increase from $70,000 to $73,150.
  • Increased flexibility for subclass 457, 482 and 494 visa holders: From 1 July 2024, t visa conditions for subclass 457, 482, and 494 visa holders has been amended to allow visa holders extended flexibility and additional time to transfer their sponsorship to a new employer. The new visa conditions allow temporary work visa holders to case working for their sponsoring employer for up to 180 days at a time and a maximum time of 365 days in total over their entire visa grant period.
  • Working Holiday Visa requirements for UK citizens: From 1 July 2024, UK citizens on Australian Working Holiday Visa will no longer need to fulfill regional work requirements to apply for their second and third Working Holiday Visas.
  • No onshore Student visa option for Visitor and Temporary Graduate visa holders: Visitor and Temporary Graduate visa holders from 1 July 2024 will no longer be able to apply directly for a Student visa whilst onshore in Australia.
  • New Workplace Justice visa pilot: A new workplace justice visa pilot program is being implemented that will enable temporary migrants to remain in Australia for a period of time to undertake a ‘workplace justice activity.’ This visa will utilise the Subclass 408 Temporary Activity visa stream. The Workforce Justice Visa (WJV) will be implemented as a pilot program and the visa will in general be granted for a period of six and up to 12 months.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

fair-work-high-income-threshold

Increase in the Australian Fair Work High Income Threshold from 1 July 2024

Effective from 1 July 2024, the Fair Work High Income Threshold (FWHIT) will increase from $167,500 to $175,000 base salary, excluding superannuation.

Relevance to Australian Immigration and Visas

This will affect current Temporary Skill Shortage (TSS)(subclass 482) visa holders who are over the age limit of 45 interested in applying for Australian permanent residency through the Employer Nomination Scheme (ENS)(subclass 186) visa Temporary Residence Transition stream. They may still be eligible to apply by utilising the exemption if they have been earning over the FWHIT and working for their sponsor in Australia for a minimum of two years.

Need Assistance?

At Hartman Immigration we regularly assist companies who employ TSS subclass 482 visa holders transitioning to Australian permanent residency through the ENS subclass 186 visa program.

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

transfer-of-sponsorship

TRANSFER OF SPONSORSHIP FOR AUSTRALIAN TEMPORARY WORK VISA HOLDERS

The Australian Government announced that from 1 July 2024 changes would be made to transfer of sponsorship arrangements for overseas employees holding certain temporary work visas to enable greater labour market mobility.

The new transfer of sponsorship provisions will affect the following visa subclasses:

  1. Temporary Skill Shortage visa (subclass 482)
  2. Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
  3. Temporary Work (Skilled) visa (subclass 457)

From 1 July 2024, visa conditions 8107, 8607 and 8608 are changing in a manner which will allow for extended time to find a new sponsor and freedom to find other employment.

Key Changes to Transfer of Sponsorship Conditions and Cessation of Sponsorship of Temporary Visa Holders

From 1 July 2024, holders of the above visas will have greater flexibility in transferring employers in the following way:

  • Where their employment ceases with their sponsor, they will be provided with:
    • 180 days to find a new sponsoring employer, which has increased from the current 60 days.
    • A maximum of 365 days in total across the entire visa grant period to hold their temporary work visa after ceasing work for their sponsor.
  • During the 180 day period, visa holders can work for other employers, which the Australian Department of Home Affairs (DHA) has stated includes work in occupations not listed in their most recently approved sponsorship nomination. This is intended to ensure that visa holders can support themselves while they look for a new sponsor.
  • Unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer.

Sponsorship Conditions Remaining Unchanged

  • Visa holders must remain in their nominated occupation while working for their existing sponsor.
  • Sponsors must still inform the DHA within 28 days if the organisation ceases sponsoring a visa holder or the visa holder resigns.
  • Visa holders must not do any work that is inconsistent with any licence or registration needed for their nominated occupation.

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.

increase-in-TSMIIT

Increase in Temporary Skilled Migration Income Threshold (TSMIT) for Visa Sponsorship

The Australian Government has announced that from 1 July 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will be increased from the current $70,000 to $73,150.

All new employer nomination applications that are submitted on or after 1 July 2024 must be above the new TSMIT.

The following visa subclasses will be affected by the increase in the minimum salary threshold:

  1. Temporary Skill Shortage (TSS) (subclass 482) visa;
  2. Employer Nomination Scheme (ENS) (subclass 186) visa Direct Entry stream; and
  3. Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa.

It is to be noted that the new increase to the TSMIT from 1 July 2024 will most likely not impact current TSS subclasses 482 visa or 494 visa holders, or nomination and visa applications lodged prior to 1 July 2024 where the TSMIT is below the new minimum salary threshold of $73,150.

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.

standard-business-sponsorship-obligations

Standard Business Sponsorship Obligations

Becoming a standard business sponsor can be a significant benefit to an Australian business. It means that during the recruitment process, if the most appropriate candidate is not an Australian citizen or permanent resident and would provide the business with the skills required to assist with growth and development then the company can nominate the employee for a Temporary Skill Shortage (TSS)(subclass 482) visa or a Skilled Employer Sponsored Regional (SESR) (Provisional) (subclass 494) visa.

Becoming a standard business sponsor entitles a business to sponsor overseas employees for five years on subclass 482 and subclass 494 visas. During the five years that a company is registered as a standard business sponsor, the business must ensure that it abides by the sponsorship obligations set out by the Australian Department of Home Affairs (DHA).

What Obligations are Standard Business Sponsors required to meet?

  1. Inform the DHA when there are changes in the business

A standard business sponsor must advise the DHA when there are changes to the following for a sponsor:

  • Legal name;
  • Trading name;
  • Registration details;
  • Business structure;
  • Ongoing communication contact;
  • Owners, directors, principals or partners; and
  • Business address.

The standard business sponsor must also advise the DHA in the following circumstances:

  • If the business becomes insolvent or is bankrupt;
  • If the business goes into receivership, liquidation or administration; or
  • If the business ceases to exist as a legal entity.
  1. Inform the DHA when there are changes to a sponsored employees work arrangements

A standard business sponsor must advise the DHA in writing if the employee being sponsored:

  • Ceases employment;
  • Has a change in duties; or
  • Did not commence working with the business.
  1. A standard business sponsor must ensure that the overseas employee works only in the nominated occupation stated in the nomination approval notice.

If the business would like a visa holder to work in a different occupation, then the sponsor will need to lodge a new nomination.

If the employee is being sponsored under the TSS subclass 482 or the Skilled SESR visa subclass 494, the employee will also need to apply for and be granted a new visa.

  1. A standard business sponsor must keep records of the sponsored workers’ employment with the business.

A standard business sponsor must keep records to show compliance with the organisation’s sponsorship obligations. All records must be kept in a reproducible format. The sponsor must keep records of:

  • The written contract of employment the sponsor engages each sponsored employee under;
  • Record of annual/personal/sick/parental leave taken by the employee;
  • Record of a change in salary of the sponsored employee;
  • Written requests for payment of travel costs for the employee or their family, including when the request was received, how, how much and to whom the travel costs were paid;
  • Tasks performed by the sponsored employee in relation to the nominated occupation and where the tasks were performed;
  • Earnings paid to the sponsored employee; and
  • Non-monetary benefits provided to the employee, such as training and professional development provided to the sponsored employee.
  1. A standard business sponsor is required to pay the travel costs of a sponsored worker if requested in writing.

A standard business sponsor must pay ‘reasonable and necessary’ travel costs to let the sponsored employee and their sponsored family members, leave Australia.

The DHA considers all of the following costs to be reasonable and necessary:

  • Travel from the employee’s usual place of residence in Australia to their departure point from Australia;
  • Travel from Australia to the country for which the employee holds a passport and intends to travel to; and
  • Economy class air travel or reasonable equivalent.

To pay travel costs, a written request for payment must be made by:

  • The sponsored employee; or
  • The DHA on behalf of the sponsored employee

Travel costs must be paid within 30 days of receiving the request.

Staying compliant

Having the ability to be able to sponsor overseas employees enables Australian and overseas business sponsors to have access to a much wider pool of candidates to be able to employ the candidate with the skills and experience needed to grow the business.

Being aware and complying with the standard business sponsorship obligations from the time the business begins sponsoring overseas employees under the TSS subclass 482 or SESR subclass 494 visa program is essential to protecting the business from compliance breaches. Ensuring compliance with the above-mentioned sponsorship obligations explained above is essential to ensure that a business does not put itself at risk of being liable for significant penalties and the cancellation of their sponsorship status.

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.

overseas-company-sponsor

Can an Overseas Company Sponsor Employees to Work in Australia?

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.

right-to-disconnect

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

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.

skills-in-demand-visa

Australian Temporary Skill Shortage (TSS) (Subclass 482) Visa Set to be Replaced by the ‘Skills in Demand’ Visa

As we welcome in the new year, it is expected that further Australian visa changes will be introduced by the Federal Government in 2024 in the wake of the December 2023 Migration Review. A major change proposed by the Australian Government is to replace the current Temporary Skill Shortage (TSS)(subclass 482) work visa with the ‘Skills in Demand’ visa.

Summary of the Skills in Demand Visa

The Skills in Demand visa is a proposed four-year temporary Australian work visa with three different visa streams targeting various skill levels and industries. The new visa is intended to offer pathways for all visa holders to apply for Australian permanent residency.

The Minister for Immigration, Clare O’Neil, stated in the Migration Review that the Skills in Demand visa is intended to include the following three visa streams:

  1. Specialist Skills Pathway: This is for highly skilled workers with a $135,000 minimum salary.
  2. Core Skills Pathway: This will have an updated occupation list and a $70,000 minimum salary threshold.
  3. Essential Skills Pathway: This steam will target lower-paid workers.

Intended Increased Worker Mobility

As part of the Australian Government’s plan for increased overseas worker mobility and ability to change employers, the new provisions are set to include recognition of time spent with approved employers towards permanent residency as opposed to restarting the clock for Temporary Residence Transition when temporary visa holders change employers.

The Government has also announced that Skills in Demand visa holders will be entitled to a 180-day period to find a new employer whilst retaining the ability to work.

We will keep you updated with new developments regarding the introduction of the Skills in Demand visa and will advise if and when it replaces the TSS subclass 482 visa program.

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.

labour-market-testing

Changes to Labour Market Testing for Subclass 482 and 494 Nominations

The Australian Department of Home Affairs (DHA) published legislation on 11 December 2023 that implements several changes to the Labour Market Testing requirements under the Temporary Skill Shortage (TSS) subclass 482 and Skilled Employer Sponsored Regional (Provisional) (SESR) subclass 494 visa programs, effective immediately.

The published legislation assists sponsors by reducing the number of advertisements employers must post from three to two and eliminates the requirement for the advertisement to be posted on the Australian Government’s Workforce Australia website. These eased requirements apply to all applications filed on or after December 11, 2023, and those filed before December 11 but not yet decided.

In addition, the legislation confirms that “back-to-back” advertisements, where, for example, an advertisement is run for 21 days and then a duplicate advertisement is run for 12 days, are not acceptable. While advertisements can run in parallel and at the same time, employers must ensure that each advertisement runs for at least four consecutive weeks to meet the requirement.

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.