Everyday Recruitment

Recruiting any employee in Australia has implications regarding the knowledge of immigration status. An employee holding Australian citizenship is straightforward. But the government has recently introduced a duty on the employer to ensure those who are not Australian citizens (permanent residents and temporary residents) have work rights before allowing them to work for the company. It extends also to giving references to other employers. It differs very significantly from Australian tax status. And the need to know now transcends any privacy principle.

There is the statutory duty (Employer Sanctions legislation) and the need to know generally the tenure security of the potential employee before investment in training and development of non citizens and before any reliable appointment to responsible positions. The work limitations of working holiday visas and the variable hourly limitations on student visas for primary holders and secondary holders need close attention. The holders of certain partner visas need assessment as to difficulties being experienced. There are about 150 visa categories in use on the statute books now and some categories still can be held by applicants but are no longer on the statute books (repealed).

The big risk is that an employer will accept a claim from a recruit that they have an appropriate immigration status when in fact that is not tenable. The Employer Sanctions legislation imposes a strict liability on the employer. And a “flaky” tenure can mean a waste of training and development costs and the disruption of another recruitment exercise.

(On request, Hallmark Immigration provides its own clients for visa assistance, with a letter “to any employer it may concern” explaining their work entitlement and tenure. This is to assist them in their recruitment and clarity for the recruiters.)

Hallmark Immigration, for local recruitment of those without Australian citizenship, can advise and assist with detailed written advice on your precise situation, presentations at HR staff seminars, workshop participation with your business analysts. This can determine documentary evidence, modifications to record keeping practices and recruiting processes for HR Policy clarification. Specific advice can be prepared for particular individual situations, for due diligence in the recruitment process.  Contact Hallmark.

Visit Visas for those Offshore

Companies need to know how to correctly support the applications for visit visas to Australia as regards the very precise scope it has:

For staff in holding companies and subsidiaries offshore coming to visit, consult, audit, provide technical support in a project, transfer skills and do very limited high level work. 

Bringing export customer representatives to Australia for transfer of technical knowledge for offshore installations.

There are a large range of options for particular situations/timeframes and these include: APEC Card, subclasses 651, 956, 977, 456, 459, 417, 462.  

Hallmark Immigration, can quickly review what you are planning and propose the best option for the company to adopt. It can also assist in drafting any needed letter of support from the company. For the 456 and 459 options Hallmark Immigration can assist with the application process. Contact Hallmark.

Training in Australia for Employees from Offshore

There are visa options: 

For situations where companies in Australia want to train staff from overseas holding companies and subsidiary companies over a longer term in a formal structure. (Occupational Training subclass 442).

Or where a company overseas seeks to extensive training for its staff at a training establishment in Australia mixed with on the job experience. (Professional Development Programme subclass 470). This programme entails a registered training organisation, accommodation provider and an Australian company, related or unrelated, to provide the work experience.

Hallmark Immigration can advise and assist with these complex projects. Contact Hallmark.

Sponsoring a 457 Temporary Worker

These are processed by the Department of Immigration in specialised Centres in Australia. The centre selected depends on the location in Australia of the employer.  Just on 111,000 457 visas were granted 2007/08 financial year. But there has been a significantly lower volume with the GFC onset. Now the application/grant rates have halved. At the commencement of 2010, there were just 60,310 workers in Australia on this visa with 58,530 family members.

 

The “457” is designed to meet the needs of Australian based employers to locate urgently needed skills to meet their immediate business objectives.  It simply is for the employee to come to Australia as a unit of labour and return home at the conclusion of the visa period which can be from 6 months to 4 years. Further applications can be made towards the conclusion of the temporary visa for another temporary visa.

 

There are a wide range of Gazetted Occupations for this visa, wider than the Skilled Occupation Lists (SOL and ENSOL). Approximately 528 are listed. 

 

There are three stages, completed in sequence, as follows:

 

1. Sponsorship Approval for the specific employer need.

The viability of the Australian employer’s proposal is very closely examined, including financial strength, demonstrated need for overseas sourcing, an adequate history of training and planned training of local employees. Inspections under the Workers Protection Act from 14 September 2009 can be undertaken by the Federal Government. And monitoring may also be undertaken by the Dept of Immigration. The sponsorship must be for direct employment and body hire is not approved, unless there is a special arrangement negotiated with the Australian government (Labour Agreement).

 

2. Nomination Approval Application for a specific employee wanted by the employer.

At this point the employer has located their chose offshore employee through intercompany transfer or through recruiting. The position nominated by the employer is detailed in terms of its duties and responsibilities. And the employee details are introduced into the process. The application is for a nomination of a skilled employee and by definition that will mean that the salary on offer will reflect that. Market salary is examined for the positions nominated. There is a floor salary that is acceptable as a starting point. Occupations below trade level are no longer approved unless there is an arrangement negotiated with the Australian government (Labour Agreement).

 

3. Visa Approval Application is then considered from the future employee concerned.

At this point the employee needs to have a written job offer, had an Xray (or full medical examination if in a health or teaching position). Occupation qualifications and work references are checked to confirm that the employee is a direct match to the nomination requirements. Any licensing required to work within Australia in the particular occupation must be in place before the grant.

 

When the visa granted the employee must work only in the occupation nominated and for that one employer only. The work must be full time (minimum 38 hours per week) in an employer and employee relationship. Subject to the employer further consenting, the family unit of the employee can be sponsored also to live in Australia with the employee. The employer has an underlying obligation to see that the public hospital and repatriation costs, if any, are met, but this is usually done by insurance. Adult family members have unrestricted work rights.

 

Hallmark Immigration, is ideally located in Australia close to two of the major processing centres for this visa category. And with extensive experience in commerce, Hallmark Immigration can advise and assist the employer seeking to sponsor and nominate overseas sourced employees with efficient applications, saving extensive management time and attention. It can also assist the employee in rapid response to the task of the visa application to ensure that the employee is ready to work as soon as possible.  Support can be provided for responses to monitoring inquiries. Contact Hallmark Immigration.

 

Nominating an Employee for Permanent Residence

 

The skilled migration policy has as its top priority the Employer Nomination Scheme.

 

It is open to an employer, who has located an employee from outside Australia, and that employee is prepared to travel to Australia to live permanently, to nominate that employee for permanent residence. The process is in fact less onerous, in terms of employer obligations, than the 457 process above.

 

The requirements are basically that:

The employer has the financial strength to commit to Immigration, an offer of employment of, at least 3 years, where there necessary no intention to terminate then. The offer is identical to that made to any permanent employee recruit. It does not need to take the form of a term contract and can have the usual probation and good behaviour clauses. A bona fide intent needs to be assured.

The employer also needs to demonstrate that the training program for Australian employees has been operating and firm plans are in place for its continuation.

The occupation has to be on the Employer Nomination Skilled Occupation List and there is a qualifying Minimum Salary level established. There are 482 occupations. Allowances are made for regional areas. Large scale Labour Agreements can also be negotiated. 

 

Once the Nomination by the employer is approved, for the recruit offshore, Hallmark Immigration can then lodge in Australia the application for visa under that Nomination. The subclasses are 121, 120 and 119. They commit in that application to an intention to work for the nominating employer for a minimum of 3 years. On arrival the employee and the family unit have permanent residence.

 

Where an employee is in Australia on a 457 visa (or other qualifying temporary visa) already, there are qualifying periods for being on that qualifying visa before application can be made.

 

Hallmark Immigration can also assist both employers and employees with all aspects of the Employer Nomination Scheme and  any regional variant...both when the employee is offshore or when converting temporary residence on the 457 to permanent residence under the ENS.  Contact Hallmark Immigration.