Ang Kalatas Volume IV September 2014 Issue | Page 11
THE MESSAGE. BRINGING INTO FOCUS FILIPINO PRESENCE IN AUSTRALIA
www.kalatas.com.au | Volume 4 Number 12 | September 2014
457 Application
T
emporary work
(skilled) or ‘457’
visa allows a skilled
worker to work in
Australia provided an employer will sponsor
and nominate the applicant to
fill the position required by the
company.
This visa involves three stage
applications, namely:
FIRST: the sponsor needs to
apply as an approved standard
business sponsor which is the
most common method of sponsoring overseas worker.
Under this criterion, an existing business is required to submit as proof that it operates lawfully in Australia such as their
business or company registration certificate, financial reports, evidence that it compliant
with its business activity statements (BAS). It is suggested that
new businesses submit a detailed
business plan that can be audited,
present staff, bank accounts and
evidence of BAS.
The most important requirement under this criterion, if the
sponsor has been operating for
more than a year, is meeting the
training requirements of its employees who are Australia citizens or Australian permanent
residents. I will limit my discussion on what is called:
Training benchmark B
This is an area where most application is refused as most business cannot produce evidence
that it spent at least one per cent
of its payroll in training Australian citizens and Australian permanent residents.
It is suggested that the sponsor instruct their bookkeeper or
accountant to collate the following: salaries paid to existing employees, bonuses and allowances,
superannuation and termination
payments as these documents fall
under payroll expenses, provided these expenditures occurred
within 12 months before filing
the sponsorship application.
The following can be counted in the one per cent payroll expenses: tuition paid to its employee for attending a formal
course of study if the studies
contributes to the professional development of the employee; wages paid to recently hired
apprentice provided there is a
formal apprenticeship contract
in place; recent graduate participating in graduate program; fees
paid to trainers providing on the
job training to its employees.
While there are companies
offering services to prepare training benchmark B for a fee, my experience is that the accountant of
the company or the manager is
the best person to provide the
statement in company’s letter-
IMMIGRATION
IMMIGRATION
Migration fraud is
dealt with seriously
ATTY. JESSIE
ICAO
[email protected]
head with documents, receipts
or accounts attached to the submission as proof of its training
expenses.
SECOND: Sponsor to nominate the skilled occupation
which outlines the duty statement and responsibilities of the
proposed worker as per ANZSCO Code. Among the important
documents required under this
criterion are: remuneration that
will be paid to the overseas nominee which is equal or greater than
the Temporary Skilled Migration
Income Threshold (TSMIT) currently at $53,900.00 per annum
which can be proven by submitting an offer of employment with
the salary mentioned in the contract and evidence of labour market testing where the employer
will advertise the job before offering the job to overseas worker.
The employer shall submit copies of all advertisements conducted within 12 months before filing
the application. The law allows
advertisement in social media. It
is suggested that employer complete the domestic summary table of all advertisements and provide reasons for not employing a
local applicant.
THIRD: It is possible that after the sponsorship approval,
11
that the nomination and visa application of the nominee can be
lodged on line at the same time.
The only problem is that if the
nomination is refused, the visa
application has to be withdrawn
to prevent denial of the actual application by the overseas worker.
The important documents
under this criterion is the IELTS
test result which is at least 5 in
all four components of writing,
listening, speaking and reading
and assessment by the relevant
assessing authority of the position nominated. For example, a
registered nurse from overseas
must have a nursing registration from APHRA. It is also required that nominee shall have
adequate health insurance for the
duration of the 457 visa.
Jessie Icao is a practising
solicitor in the State of New
South Wales and registered
migration agent since 1993
(MARN 9367993). He is
admitted as a lawyer in the
Philippines. The information
provided is of general nature
and cannot be relied in
its entirety. I suggest that
you consult a registered
migration agent or refer to
the relevant law.
THE Secretary for the Department of Immigration and Border Protection, Martin Bowles,
recently dismissed reports alleging that migration fraud has been
rampant in Australia.
He said the government is
dealing with migration fraud
very seriously and has been vigilant against unlawful operations
concerning working visas (457
visa), student visas, and people
smuggling.
“These allegations, including
that migration fraud is going undetected and is not being appropriately investigated, are of great
concern to me,” said Mr. Bowles.
“While the department does
its utmost to combat fra Ր