employer-nomination-scheme

Understanding the Difference between the Temporary Residence Transition and Direct Entry Streams of the Employer Nomination Scheme (Subclass 186) Visa Program

For Australian companies seeking to sponsor overseas workers under the Employer Nomination Scheme (ENS) (subclass 186 visa) program, it is important to understand the two available streams: Temporary Residence Transition and Direct Entry. This article aims to provide clarity on the differences between these streams, allowing companies to make informed decisions when nominating candidates for permanent residency.

Temporary Transition Stream:

The Temporary Transition (TRT) stream is designed for temporary visa holders who have already been working in Australia with their sponsoring employer.

To be eligible for this stream, workers must have held either a subclass 457 or Temporary Skill Shortage (TSS) (subclass 482) visa for a minimum of three years. This stream provides a direct pathway for temporary visa holders to transition to permanent residency.

Direct Entry Stream:

The Direct Entry stream caters to candidates who have not held a subclass 457 or TSS visa or have held it for a shorter duration.

Eligible applicants for this stream generally include those who have never worked in Australia before or have worked in the country for less than three years. Under the Direct Entry stream, there is no requirement for a minimum duration of employment with the sponsoring employer. However, applicants are required to have a minimum three years’ employment experience in their nominated occupation.

Key Differences in Eligibility Criteria:

In the TRT stream, visa applicants must meet certain criteria, including:

  • Having worked for their sponsoring employer for at least three years in the previous four.
  • Usually, applicants must be under 45 years of age at the time of application. Applicants are exempt from this criterion if any of the following applies:
    • The applicants is nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
    • The applicant is nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
    • The applicant is a medical practitioner who has worked in your nominated occupation for at least 3 years as a 457 or 482 visa holder, and for 2 of those 3 years were employed in regional Australia, and the position is in regional Australia
    • As a subclass 457 or 482 visa holder, the applicant been working in the nominated occupation for the nominating employer for at least the last 3 years, and their earnings were at least as much as the Fair Work High Income Threshold for each year of that period,
    • Transitional arrangements: If the applicant held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, the applicant can still apply for this visa under 50 at the time of application.
  • Satisfying the relevant English language requirement which requires demonstrating ‘competent’ English.
  • Meeting health and character criteria.

In the Direct Entry stream visa applicants must meet the following criteria:

  • Obtain a positive Skill Assessment from the relevant skills assessment authority.
  • Usually, the applicant must be under 45 years of age at the time of application, applicants are exempt from this criteria if any of the following applies:
    • The applicant is nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
    • The applicant is nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
    • The applicant currently holds a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa and has worked for the employer, in the nominated position, for at least 2 years in the last 3 years immediately before applying. The 2 years excludes periods of unpaid leave.
  • Satisfying the relevant English language requirement which requires demonstrating ‘competent’ English.
  • Meeting health and character criteria.

Timeframe:

The TRT stream generally offers a faster route to Australian permanent residency for eligible temporary visa holders. The process is usually quicker because candidates already have Australian work experience and a history with their employer. However, it is important to note that timelines can vary depending on individual circumstances.

Conversely, the Direct Entry Stream involves a more comprehensive application process and may take longer to complete. Candidates in this stream typically need to undergo a rigorous skills assessment, which adds to the overall processing time.

Employer Nomination:

The employer nomination process is similar for both streams, involving the submission of relevant documentation, such as employment contracts and financial records, to support the nomination.

Employers must demonstrate a genuine need for the nominated position and their commitment to employing the candidate on a full-time basis.

Conclusion:

Understanding the differences between the TRT and Direct Entry streams of the Employer Nomination Scheme subclass 186 visa program is crucial for Australian companies sponsoring overseas workers for Australian permanent residency. By assessing individual circumstances and meeting the eligibility criteria for each stream, companies can make informed decisions while nominating candidates for Australian permanent residency.

It is recommended to seek advice from immigration law professionals to ensure compliance with all visa requirements and optimize the chances of a successful nomination and visa application.

For advice regarding sponsoring 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.

work-and-holiday-visa

Expanding Opportunities: Australia’s Work and Holiday Visa Extended to Include Filipino Citizens

 

The Work and Holiday visa program is a cornerstone of Australia’s commitment to global engagement, fostering international connections, and enriching its own society through cultural diversity. We are pleased to announce that the Australian Government has extended its Work and Holiday visa (subclass 462) to include citizens of the Philippines, opening up exciting opportunities for both nations.

For Aspiring Filipino Travelers

From 2024 the Australian Work and Holiday visa program will enable 200 Filipino citizens to travel to Australia each year for a 12-month period as the holder of a subclass 462 visa.

Eligibility

To be eligible for the Work and Holiday visa, Filipino citizens must meet the following requirements:

  • Be a Filipino citizen between the ages of 18 and 30.
  • Demonstrate sufficient funds to support themselves initially.
  • Completed tertiary education or finished at least two years of undergraduate or post-secondary education.
  • Meet health, character and national security requirements, and have medical insurance for the duration of the stay in Australia.

Purpose

The inclusion of the Philippines in Australia’s Work and Holiday visa program represents a significant step toward enhancing cultural exchange, economic growth, and personal development for both countries. It offers young Filipino citizens the opportunity to explore Australia while contributing to the local economy.

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

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.

sponsorship-obligations

Understanding Australian Temporary Skill Shortage (Subclass 482) Visa Sponsorship Obligations for Employers

Australia’s Temporary Skill Shortage (TSS) (subclass 482) visa is a vital instrument for Australian employers to address labour shortages by hiring skilled overseas workers. To ensure the integrity of the program and protect the rights of both employers and employees, the Australian Government has implemented various sponsorship obligations for employers. In this article, we provide an overview of the key sponsorship obligations that employers must fulfill when sponsoring an overseas worker on a TSS (subclass 482) visa.

  1. Standard Business Sponsorship:

Before an employer can sponsor a foreign worker under the TSS visa program, they must obtain Standard Business Sponsorship (SBS) status. To achieve this, employers must meet several criteria, including demonstrating a commitment to training Australian workers and compliance with Australian workplace laws.

  1. Labour Market Testing (LMT):

Employers must conduct labour market testing in most cases to demonstrate that there are no suitable Australian workers available to fill the position before sponsoring a foreign worker. LMT typically involves advertising the job vacancy locally, and employers must provide evidence of their efforts.

  1. Market Salary Rate:

Employers must pay their sponsored foreign workers at least the market salary rate for the occupation. This ensures that foreign workers are not undercutting Australian wages and working conditions. The market salary rate is determined based on various factors, including location, industry, and experience.

  1. Skilling Australians Fund (SAF) Levy:

Employers are required to pay a Skilling Australians Fund (SAF) levy for each foreign worker they sponsor under the TSS visa program. This levy is used to fund training and skill development initiatives for Australian workers. The amount of the levy varies depending on the size and turnover of the sponsoring business.

  1. Notification Obligations:

Employers must inform the Australian Department of Home Affairs (DHA) of any significant changes in their business, such as changes in ownership, financial difficulties, or if their sponsored worker ceases employment. Timely notification is crucial to ensure ongoing compliance.

  1. Maintain Records:

Employers are required to keep detailed records of their employment and sponsorship activities for up to five years. These records must be readily available for inspection by relevant government authorities.

  1. Cooperation with Inspections and Audits:

Employers must cooperate with any inspections or audits conducted by government authorities, including the Fair Work Ombudsman and the DHA. Non-compliance can lead to sanctions and penalties.

  1. Provide Adequate Working Conditions:

Employers must ensure that sponsored foreign workers receive the same working conditions as Australian employees, including access to entitlements such as leave, superannuation, and occupational health and safety protections.

Conclusion:

The Temporary Skill Shortage (subclass 482) visa is a valuable tool for Australian employers facing skill shortages. However, to maintain the integrity of the program and protect the rights of both foreign workers and Australian employees, employers must adhere to a range of sponsorship obligations. Compliance with these obligations is essential to avoid penalties, sanctions, and potential loss of sponsorship status. By understanding and fulfilling these obligations, employers can benefit from a skilled workforce while contributing to the Australian labour market and economy.

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-covid-visa

Closure of the Australian COVID Visa

During the pandemic the Australian Government introduced the Temporary Activity Visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic Event) visa (Pandemic Event visa). This visa was introduced in order to fill labour shortages in the Australian market given the lack of temporary workers able to enter Australia due to the closure of Australia’s borders.

This visa stream enabled applicants who were already onshore in Australia and employed by an Australian business to continue working in Australia for up to 12 months.

Now that Australia’s borders have reopened and the number of temporary visa holder numbers have increased, the Australian Government has decided to close the Pandemic Event ‘COVID visa.’

From 2 September 2023, the Pandemic Event visa will be closed to new applicants. Applicants already holding a Pandemic Event visa will be eligible for a subsequent Pandemic Event visa until the visa program completely closes to new applications on 1 February 2024.

For advice and assistance regarding employing overseas workers or applying for an Australian work visa, please feel free to contact us at info@hartmanimmigration.com.au.

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.

Transferring Employers for TSS Subclass 482 Visa Holders

Holders of Temporary Skill Shortage (TSS) (subclass 482) visas are subject to the condition 8607 work restriction. Condition 8607 means that a TSS subclass 482 visa holder can generally only work for their sponsoring employer (or associated entities in certain situations). In accordance with condition 8607, TSS subclass 482 visa holders must also work in the occupation which is specified in the nomination provided to the Australian Department of Home Affairs (DHA).

If your business is interested in sponsoring a candidate who already holds a TSS subclass 482 visa, or you are a TSS subclass 482 visa holder transferring employers in Australia, it is possible to arrange this.

The process is as follows:

If the TSS subclass 482 visa holder will remain in the same occupation:

If the candidate will be remaining in the same position as they were for their previous sponsoring employer and therefore will continue to have the same ‘nominated occupation’ then the process involves two stages:

  1. Your business as the new employer must either be registered as a standard business sponsor or apply to become a sponsor.
  2. A nomination application must be lodged to select the candidate and it must the candidate must be nominated in the same occupation.

It is important to note that the candidate cannot commence work for your business until the new nomination has been approved by the DHA.

If the TSS subclass 482 visa holder will be changing positions/nominated occupations:

If the candidate will be changing roles and will have a different ‘nominated occupation’ in your business, then the following three stages will apply:

  1. The new employer must either be registered as a standard business sponsor or apply to become a sponsor.
  2. A new nomination application must be lodged with a different ‘nominated occupation’ selected.
  3. The candidate will require a new visa application associated with the new nomination and the candidate will need to prove they have the skills and work experience to meet the requirements of the new occupation.

It is important to note that if the candidate has already resigned from their previous employer and sponsor, under condition 8607 they only have 60 days from termination of their employment to find a new employer and lodge a new nomination.

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.

australian-work-and-holiday-visa

Australian Work and Holiday Visa Caps for 2023-2024 Announced

The Australian Federal Government has announced placement caps for the Work and Holiday (subclass 462) visa program for 2023-2024. The Work and Holiday visa enables applicants ages 18 to 30 years old to have an extended 12 month holiday in Australia, whilst being able to work and fund their trip.

From 1 July 2023 until 30 June 2024, the following limits have been placed on the number of first time Work and Holiday (subclass 462) visas available for applicants over the next year:

Country Annual Cap
Argentina 3,400
Austria 500
Brazil 500
Chile 3,400
China 5,000
Czech Republic 500
Ecuador 100
Greece 500
Hungary 500
Indonesia 4,612
Israel 2,500
Luxembourg 100
Malaysia 1,100
Mongolia 100
Papua New Guinea 100
Peru 1,500
Poland 1,500
Portugal 500
San Marino 100
Singapore 2,500
Slovak Republic 1,000
Slovenia 200
Spain 3,400
Switzerland 200
Thailand 2,000
Türkiye 100
Uruguay 200
Vietnam 1,500

It is noted that once the visa cap has been filled, no more applications for first time Work and Holiday (subclass 462) visas will be accepted from applicants of the above countries until the program reopens on 1 July 2024.

For assistance in applying for a Work and Holiday (subclass 462) visa, please contact us at info@hartmanimmigration.com.au.

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

Labour Market Testing Exemption Extended to UK Citizens and Permanent Residents

The Australian Government has now implemented the extension of the labour market testing exemption in relation to the Temporary Skill Shortage (TSS)(subclass 482) visa program to UK citizens and permanent residents applying to work in Australia.

The inclusion of the UK in the list of countries exempt from labour market testing (including China, Japan, Malaysia, Mexico, Thailand, Vietnam, Canada, Chile, South Korea, New Zealand and Singapore), comes in the wake of the recently signed Australia-United Kingdom Free Trade Agreement which came into effect on 31 May 2023.

Businesses interested in employing UK citizens and permanent residents will no longer need to complete labour market testing of the local Australian labour market before applying for TSS subclass 482 nominations in Australia. This will enable employers sponsoring UK citizens and permanent residents to benefit from a more efficient and less time-consuming application process.

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.

hiring-overseas-workers

Ensuring Immigration Compliance when Hiring Overseas Workers

In order to retain and attract the workforce that best assists your business to grow and develop, it is important to have the option to sponsor and hire overseas employees to work in Australia. In doing so, in order to protect the business and care for employees, it is crucial that organisations are aware of the changing Australian visa landscape and visa conditions of employees.

During the COVID-19 period, as the Australian Government focused on economic relief for Australian businesses, employers were given increased flexibility to hire overseas workers, including unlimited work hours for Student visa holders and entitlement of Working Holiday makers to have increased time with one employer.

It is important for Australian businesses hiring overseas workers to be aware that the Federal Government is now rolling back the flexible visa arrangements introduced during the pandemic. Changes to the temporary flexible measures include the following:

  1. Student (subclass 500) visa holders have returned to being given a work limitation of 48 hours per fortnight whilst their course is in session, unless continuing to work in aged care where full-time hours are permitted until 31 December 2023.
  2. Working Holiday makers have returned to generally being limited to working a maximum of 6 months with any particular employer, unless a limited exception applies.
  3. Employers and labour hire companies will now be held liable for any facilitated breaches of the above and other visa conditions.

On 31 July 2023, the Australian Federal Government passed the Migration Amendment (Strengthening Employer Compliance) Bill 2023 (the Bill) which amends the Migration Act 1958 with the purpose of strengthening employer compliance measures and protecting temporary migrant workers from exploitation.

Main components of the Bill:

  1. Creating a criminal offence where a person coerces, or exerts undue influence or undue pressure on a non-citizen to accept or agree to a work arrangement that would involve a breach of a work-related condition.
  2. Creating a criminal offence where a person coerces, or exerts undue influence or pressure on a non-citizen to accept a work arrangement to avoid an adverse immigration status, or that would result in the non-citizen being unable to satisfy a work-related visa requirement.
  3. Establishing a framework where the Minister can declare certain employers to be ‘prohibited employers’ for a specified period of time. Rather than just barring or cancelling the employer’s business sponsorship license, the prohibition applies to the employment of any temporary visa holder.
  4. Mandating the use of the VEVO system for employers to determine whether a non-citizen is lawful and has the necessary permission to work.
  5. Increasing civil and monetary penalties for individuals and business sponsors.

How can employers ensure compliance?

In order for businesses to ensure that they are protected from breaches of the Migration Amendment (Strengthening Employer Compliance) Bill 2023, steps that employers can take include:

  • Ensuring that the visa status of each overseas worker is known and recorded by the business.
  • Conducting a VEVO check for all overseas workers.
  • Ensuring that systems are in place so that the business is updated with any visa changes for overseas workers employed by the business.

For advice regarding immigration compliance and employing 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.

australian-fair-work-high-income-threshold

Increase in the Australian Fair Work High Income Threshold

On 1 July 2023, the Australian Fair Work High Income Threshold (FWHIT) increased from $162,000 to $167,500.

Why is this relevant to Australian visa applications?

For applicants holding a Temporary Skill Shortage (TSS)(subclass 482) visa who are over the age of 45, whilst they are generally not entitled to apply for Australian permanent residency through the Employer Nomination Scheme (ENS) (subclass 186) visa, an exemption applies to subclass 482 visa holders earning over the FWHIT for a minimum of three years.

For employers, wishing to nominate workers for Australian permanent residency, please feel free to contact Hartman Immigration at info@hartmanimmigration.com.au.

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-visa-changes

Eight Major Australian Visa Changes Occurring in July 2023

On 1 July 2023, the Australian Government introduced a series of changes to the Australian visa system. The changes will affect Australian visas in the following ways:

Change 1- Increase in Temporary Work Visas Salary Threshold

The Temporary Skilled Migration Income Threshold for the Temporary Skill Shortage (TSS)(subclass 482) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas has increased from AU$53,900 to AU$70,000 for nominations lodged from 1 July 2023.

Change 2- Work Restrictions for Student Visa Holders

From 1 July 2023, work restrictions for Student visa holders will be re-introduced with a cap of 48 hours per fortnight.

However, an exception to the 48-hour work limitation will apply to Student visa holders already working in the aged care sector on 8 May 2023. These Student visa holders will have unrestricted work hours.

Change 3- Temporary Graduate (subclass 485) Visas Changes

International students in Australia who have completed their degree in Australia in the field of health, teaching, engineering or agriculture may access extended subclass 485 visas from 1 July 2023. Acceptable qualifications must be on the prescribed list.

Visa periods will be increased to:

  • 4 years for select Bachelor Degrees
  • 5 years for select Masters degrees
  • 6 years for all Doctoral degrees

First time applicants will be granted a visa with an additional period of two years added to the standard visa period.

Change 4- Work and Holiday Makers

As of 1 July 2023, Papua New Guinea became the newest participant in the Working Holiday Maker (WHM) Program, enabling up to 100 citizens of PNG to journey to Australia using the Work and Holiday (subclass 462) visa. Individuals who have completed a minimum of two years of post-secondary study in Papua New Guinea can now apply for the Work and Holiday visa.

For citizens from the United Kingdom, the age limit for the Working Holiday (subclass 417) visa has been extended from 30 to 35 years old.

In the context of the WHM Program, as of 1 July 2023, Condition 8547 has also been reintroduced for participants of the program. This condition applies to individuals holding either subclass 417 or subclass 462 visas and restricts visa holders from working with a single employer for more than six months. Relevantly, this change does not apply retrospectively, and any work carried out by a WHM prior to July will not be counted towards their six-month limit with the same employer.

Change 5- India-Australia Agreement

The Economic Co-operation and Trade Agreement between India and Australia commenced on 1 July 2023 with the following benefits:

  • Indian citizens are now eligible to apply for Work and Holiday visas.
  • Increased Post Study Work visa periods have been introduced for Indian citizens. Indian students graduating in Australia will be eligible for post study work visas as follows:
    • upon completion of diploma or trade qualifications- stays of up to 18 months
    • upon completion of bachelor degree (including honours)- stays of up to 2 years
    • upon completion of masters by research and masters by coursework- stays of up to 3 years
    • upon completion of doctoral degrees- stays of up to 4 years.
    • Additional year of stay for high-performing STEM bachelor degree graduates (extended from 2 years to 3 years)

Change 6- Increased Immigration Target

On 1 July 2023 the Australian Government increased its intake of permanent migrants to 195,000 for this financial year, up by 35,000, in a bid to help businesses and industries battling widespread staff shortages and reduce reliance on short-term workers.

Change 7- Australian Citizenship for New Zealand Nationals

From 1 July 2023, New Zealand citizens who have been living in Australia for more than four years and arrived in Australia after 26 February 2011 will be eligible to apply directly for Australian citizenship without having to apply for a permanent visa. These changes apply only to New Zealand citizens holding a Special Category (subclass 444) visa (SCV). Protected SCV holders will continue to be eligible to apply directly for Australian citizenship.

From 1 July 2023:

  • All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes
  • New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022
  • New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.

The above provisions will apply to New Zealand citizens in Australia. It will also apply to New Zealand citizens who are overseas but held an SCV immediately before last leaving Australia.

These provisions will apply to citizenship applications submitted after 1 July 2023.

Change 8- Increase in Governmental Visa Application Fees

From 1 July 2023, Australian Department of Home Affairs (DHA) governmental fees increased with visa application charges increasing from between 6 and 40 per cent across various visa categories. Some of the new governmental visa application charges include:

Visa Type Subclass Before From 1st July 2023
Partner visa (Onshore / Offshore) 820/801 & 309/100 $8,085 $8,850
Skilled visas 189 / 190 / 491 $4,240 $4,640
Graduate 485 $1,730 $1,895
Student 500 $650 $710
Visitor (Onshore) 600 $380 $475
Visitor (Offshore) 600 $150 $190
Working Holiday Maker 417 / 462 $510 $635
Temporary Skill Shortage (Short Term) 482 $1,330 $1,455
Temporary Skill Shortage (Long Term) 482 $2,770 $3,035
Employer Nomination Scheme (ENS) 186 $4,240 $4,640
Significant Investor stream 188 $9,195 $13,860
Significant Entrepreneur stream 188 $4,240 $6,395
All other applicants 188 $6,270 $9,450

 

For advice regarding Australian visas, 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.