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Employers Skills for Australian Trades, Professions, Commerce and Industry The Australian scheme of Migration provides for employers to be able to supplement their labour requirements by accessing skilled people outside Australia. There is an increasing use of this avenue to meet skill shortages, to introduce new technology/know-how/experience and to generate further business success nationally and internationally and drive opportunities for further employment in Australia. There is a marked increase, in recent years, in the sponsorship of needed overseas workers. They are to work on the same terms as Australian employees. And there is provision to nominate these employees, when appropriate, for permanent residence if the employee seeks that. The increasing use of this pathway provides excellent outcomes for settlement of skilled people migrating to Australia. Options for Australian Employers Corporations already operating in Australia have a range of options to choose from to suit their immediate circumstances, and as needs develop to progress through. The range extends from purpose defined visits to extended temporary stays on training assignments to work visas for up to 4 years and to permanent residence. Visiting Executive Occupational Trainee Temporary Employee PR Nomination Checking Work Rights
For business negotiations onshore and availability of related company staff and visiting specialists/consultants without sponsorship....these can be facilitated, by extending a letter of invitation, using options such as:
The work limitation is generally that the visitor must not engage in work in Australia that might otherwise be carried out by an Australian citizens or permanent resident. Hallmark Immigration may be able to provide advice on this in the context of your business. Contact Hallmark Immigration.
For situations where employees employed in offshore operations of your company (or related companies) need induction into the company and its processes. The employee can be nominated by the Australian employer and they undertake on-the-job training (70% workplace based) while working in Australia and study. The term of these can be up to 12 months. The work limitations are that the employee concerned is to work only in the activity for which the occupational training has been approved. Members of the family unit of the employee can work up to 20 hours per week anywhere.
The primary option for this is the Business (Long Stay) Temporary Visa for temporary employees with the skills needed. There are others for specific areas eg academic, medical practitioner, entertainer. But alone there are over 50,000 grants each year of the subclass 457 visa. The Business (Long Stay) Temporary Visa, is available to a wide range Gazetted occupations and can be an appointment for up to 4 years, while further subsequent sponsorship could be applied for. There may be as many as 200,000 temporary workers under this category in Australia at any one time. The threshhold salary limit for new grants in this category is $AUD41,850 plus 9% superannuation. Fringe benefits are in addition. For computer professionals the salary limit is higher at $AUD57,300. These limits may be reduced, subject to regional authority approval in specified regional locations, by up to 10%. It has a three stage process:
Sponsorship obligations are not to be underestimated and need to be fully accounted for in the governance protocol of the company.
Nomination of Employees for Permanent Residence of Australia. The most concrete way for employers to meet its skills needs with stability is to consider nomination of an employee for permanent residence. It differs to sponsorship in that the employee obtains permanent residence immediately. There is a comprehensive review of applications for nomination where the employer needs to undertake that the skilled position on offer is for a minimum of three years with no exclusion of the possibility of continued employment. For employees already onshore on temporary work visas there is a qualifying time or qualifying circumstances before these steps can be taken. For exceptional employees not yet in Australia the process can be commenced before arrival in those cases. The nomination is a totally separate step to the visa application by the employee and both are dealt with in relative isolation by the Dept of Immigration while they can be filed together. Variants of the Employer Nomination Scheme are: Regional Sponsored Migration Scheme. Employers in regional areas can nominate employees for positions required for two years. In these cases successful visa applicants are required to live and work in the regional area for a minimum of 2 years Labour Agreements. Industry organisations can submit to government cases for streamlined nomination arrangements for an area of need. Invest Australia Supported Skills (IASS) program where visas are arranged for key staff of international organisations choosing Australia as a location for direct foreign investment. This provides well for the establishment of regional offices of large companies.
Everyday Recruiting of existing Visa holders for Work With nearly 4 million visa grants annually, most to visitors without work rights and many including work restrictions, employers may have respondents to job advertising who are not Australian Citizens or permanent residents. Many applicants, among others, will be students with restricted work hours, working holiday makers with 3 (soon to be 6) month engagement limitations or family unit members of holders of work visas and who do not have restrictions (subject to the head of the family being compliant in another position). Care needs to be exercised to ensure that investment in training etc is warranted in that recruitment decision. Employers under legislation introduced and commenced in 2007 are subject to sanctions which can even be of a criminal nature for hiring people who do not have permission to work or on-referring those people to other employers. Hallmark Immigration can assist employers with confidential inquiries concerning the applicant for positions with their companies. Hallmark Immigration can also assist on a retainer basis with seamless participation in your recruitment process with prompt advice not only on the visa limitations on the potential recruit but also on strategic matters in recruitment. Contact Hallmark Immigration.
Options for non-Australian Corporations Corporations not yet established in Australia, but looking to set up and operate in Australia, have a number of options.
Contact Hallmark Immigration Now. There are many options for a company to consider and many degrees of involvement for Hallmark Immigration to become involved for advice and assistance. It can assist in identification of responsibilities in Agreements, awards and Australian workplace agreement issues. Assistance with submissions to DEWR and industry bodies. Liaison with People/HR Managers and Divisional Heads on industry and commercial needs and tax obligations. Hallmark Immigration can assist in the development of a business case for company approval to proceed. Through to participation seamlessly in the negotiations necessary or serving on a retainer basis . Hallmark Immigration has the requisite registration to file electronically and under the agent system with the Dept of Immigration and Citizenship. Hallmark Immigration is close to DIAC office in Wentworth Street Parramatta and can readily access the Lee Street Sydney office for lodgement of applications and representation.
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