This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

1. Staff retention

Some people job hop, constantly looking for more money or just taking the employer’s training and leaving as soon as there is something more exciting. If a 482-visa holder ceases to work for their sponsor for more than 180 days, their visa can be liable for cancellation, so staff retention is typically better. The 482 visa is temporary for up to four years. After they have worked with their sponsor for two years on their 482 visa there is often the option for the sponsoring employer to sponsor them for permanent residency. This is the goal of most 482 workers.

2. What if it doesn’t work out

A business can fire a foreign worker in exactly the same way they would an Australian. There is no extra commitment to keep them on just because you are their visa sponsor. You may however have an obligation to notify the Department if you terminate a visa holder’s employment. For all obligations see this link.

3. Incentive to perform

Some people get complaisant in their job and can let their performance slide. 482 workers want you to sponsor them for permanent residency and know that you won’t want to unless they are great at their job. They have an incentive to continue to impress in the workplace that others do not have.

4. Tap into a new market

Bringing overseas experience to the workplace can present amazing opportunities for your business. Whether it is a new taste in your kitchen, someone with a second language who can tap into a new sales market for you or a style of tiling or painting that is different in the market, there are all advantages that a foreign worker can offer to help you boost your bottom line.

How much time and money?

1. The government sponsorship application fee is $420 once off for typically a 5-year validity period and nomination fee $330 for each candidate. There is also a Training Levy of $1,200-$1,800 for each year of nomination. The current minimum salary for most employer sponsored visas is $73,150p.a + super.
2. We can assist you through the whole process; we just need you to provide us with some documents and information.

How to get started?

Whether you have a candidate already in mind, or are searching for your next star employee, we can assist you through the process from start to finish. Contact us today to find out how we can assist you in securing a foreign worker as part of your team. In some limited instances we are able to introduce you to skilled workers interested in obtaining visa sponsorship.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

We first met our client, let’s call him Bob in April 2017.

He held a 457 visa, just lost his job and his occupation was announced as being taken off the skilled list effective immediately. The long term and short term lists had just been introduced for the first time and the 457 was being abolished.

His wife had given birth to their first child in Australia less than 12 months before this happened and Bob was desperate to do whatever he could to keep his family safe and in Australia.

He secured a job offer in a new city but we needed to work out the right ANZCO code now that his nominated occupation was no longer eligible for a nomination to be lodged. We were able to find a suitable ANZSCO code that suited his experience and the needs of the business, but it was a skill level 1 occupation whereas he was coming from a skill level 2 occupation. He didn’t have enough experience to meet ANZSCO requirements for the new application nor did he have the right qualifications.

Based on his work experience we were able to get him a graduate diploma issued. This being a higher level qualification than a bachelor degree!! This qualification satisfied the ANZSCO requirements and his nomination was approved for him to work with his new employer.

It wasn’t all good news though. His new occupation was on the short term list so it didn’t have a pathway to PR. We considered the 190 visa however his RPL was suitable only for the Department not for VETASSESS. Luckily, his wife, let’s call her Jane, was a hairdresser so we devised a plan with her as the main applicant for PR.

We spoke to Jane’s employer and he was happy to sponsor Jane but insisted on using a different migration agent that he had used previously. We parted ways wishing Bob and Jane all the best in the journey. A few months later Bob called us again. They had paid the new agent but no real work had happened on their application! We said we’d be happy to take it over if the employer agreed. Then, Bob called again and said that the other migration agent said they weren’t eligible for this visa. This is when we got angry! For us the eligibility was plain. Clearly these agents did not have enough experience with this type of application. They ceased their agreement with the other agents and appointed us to take things over. It was a stressful time because there were MORE law changes starting in just a few days that would make them ineligible. You see, her employer wanted to pay Award wages, but the new laws required TSMIT wages to be paid meaning she would need ~ a $10,000 raise which was not possible.

So, we quickly were able to lodge her 186 direct entry nomination before these laws came in. Normally we would lodge nomination and application together however we didn’t have Jane’s skills assessment yet so we couldn’t. Luckily we knew that we had 6 months from the date of the nomination approval to lodge the visa so we weren’t worried and quickly were able to lodge everything with Vetassess.

The Department were painfully slow with Jane’s nomination, we lodge Feb 2018 and we didn’t hear anything from the Department until it was approved July 2019. While we were waiting for the nomination to be processed we finalised paper Vetassess and technical interview Vetassess and skills assessment was granted.

Jan 2019 was a big month. After a few tries, Jane, a native english speaker got the 6 in each category she needed for us to be able to lodge, just a few days after, Jane and Bob found out that Jane was pregnant so we warned them that PR couldn’t be granted until it was safe for Jane to get an xray for the medical test for the visa.

After meeting in April 2017, we lodged PR in Feb 2019 which was great as it meant the family could get Medicare which saved them a lot of money during Jane’s pregnancy. Fast forward to November 2019, Jane and Bob’s family grew from 3 to 4 and their PR was granted, we gave them the good news in the middle of the night as they were up anyway with their newborn.

Next step, visas for their parents now that they meet the balance of family test 😉

With the right guidance and lots of determination perhaps within 2.5 years you too could achieve Australian PR. For a free assessment of your options email us your resume and date of birth info@condormigaration.com

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Skilled Regional Visas (Consequential Amendments) Bill 2019

The Skilled Regional Visas Bill aims to amend seven Acts in order to provide the holders of 491 and 494 visas access to welfare payments and government services. These new visas are set to come into effect on 16 November 2019 and are a part of the Australian Government’s aims to manage the immigration provide whilst also providing support to regional areas in Australia.

The legislation proposed to be amended is as follows:

• A New Tax System (Family Assistance) Act 1999
• Disability Services Act 1986
• Fair Entitlements Guarantee Act 2012
• Higher Education Support Act 2003
• National Disability Insurance Scheme Act 2013
• Paid Parental Leave Act 2010
• Social Security Act 1991

The proposed changes will ensure that 491 and 494 provisional skilled regional visa holders will have the same access to welfare and government services that current Permanent Resident visa holders have. The legislation to be amended will generally be addressing sections which currently apply to Australian residents and inserting new subparagraphs which extend the definition of an Australian resident to include those who hold provisional skilled regional visas.  The amendments are subject to the same eligibility requirements and waiting periods as current permanent skilled visa holders. These waiting periods usually are 2 or 4 years – this is to ensure that migrants will be able to support themselves upon first settling in Australia, and to sustain the welfare system. The full range of current exemptions for waiting periods will be available to 491 and 494 visa holders. See this link for some information about social security benefits in Australia. https://guides.dss.gov.au/guide-social-security-law/3/1/2/70.  Note that we are not able to provide any advice about your eligibility for social security payments. 

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Office space comes in all different shapes and sizes and of course at different costs. Not all businesses need traditional office space and naturally a business owner wants to keep costs as low as possible. Prospective clients often come to us wanting to sponsor an employee when they are using a home office or a serviced office. Whilst these things aren’t necessarily a problem it is certainly a red flag that needs to be assessed before proceeding with an application.

We view the genuine position concept as a see-saw where there are no specific rules of must have or must not have but on the balance of the facts the scenario has to look ‘normal’ enough for the Department to be satisfied that the position is truly required for the business and that the position (or even business) wasn’t only created for the purposes of visa sponsorship.

Serviced offices can offer many different types of tenancy options from private rooms to hot desks to mail delivery only packages.  In Xiao, we have the following extract from the decision record not to overturn the cancellation of the employer sponsored visa:

“I find it implausible that the visa holder is able to complete the tasks required by a Customer Service Manager without access to physical office space.”

Lodging a visa isn’t just about what you think you can get away with to get the visa granted and once granted you are not in the clear. Don’t take unnecessary risks with your visa. If the path to the visa sounds too good to be true then it probably is. Make sure you use an agent you trust even if this means they challenge you about how you want the business to function. Your PR is not something you want to jeopardise.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

The training visa is exempt from the skills fund donation, doesn’t have the two-year work experience requirement and has one of the lowest visa application fees. There even are no minimum salaries required by the Department. On face value this visa looks like the perfect solution. Sometimes it is, but important to note is that it is not as easy as it seems.

It used to be that students would often leave their studies early and jump into a 457 visa. This visa has now been replaced by the 482 which comes with a minimum 2 years work experience requirement. That coupled with the expensive skills fund donation required by the employer means this visa is harder and harder to get and in all likelihood is out of reach for most student visa holders. A possible alternative is the 407 training visa.

This visa requires you to have some experience in a skilled occupation on the long term list but acknowledges that your skills still require development. As we know a career is not made overnight and you need exposure to new challenges and opportunities to improve your skillset. On the job training is one of the ways to improve your skillset and this is acknowledged by the Department.

So, how does the training visa work?

Like the 482, it comes in 3 stages: Sponsorship, Nomination and Application.

Sponsorship: $420 must be paid by the employer and essentially is designed to ensure the business is actively and lawfully operating

Nomination: $170 must be paid by the employer. This nomination is different to any other you have seen before. It is not about proving the need for an employee but rather it is about demonstrating the skill level of the employee/trainee and specifically explaining how a period of sponsorship with the business (up to two years) will enhance the pre-existing skills of the person who wants to apply for the visa. To demonstrate pre-existing skills, one year work experience is required.

The visa is also available for those who need practical hours in order to register for an occupational license etc.

Whilst there is no minimum salary dictated by the Department employers must nonetheless comply with other State/Federal laws and an Award dictating a minimum salary may apply.

Application: The primary visa grant holder can only work with their sponsor. Their spouse will have 20 hours of work rights per week. If the training plan etc. have been drafted properly time on the training visa may help the visa holder gain points for the 189/190 permanent residency skilled visas.

Some occupations are better suited for this occupation than others and the training plan submitted to the Department is the crucial element that determines approval or rejection.

In terms of professional fees, you can expect to pay similar to what you would for a 482, even though it is a shorter visa it is much more complex.

If you think your employer might be willing to sponsor you knowing that the $73,150 p.a. isn’t required, feel free to get in touch for a one-on-one assessment of your case.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

In Australia, the only legitimate sponsorship visa for a ‘Minister of Religion’ is via a Labour Agreement. This agreement allows Australian religious organisations to sponsor the temporary and often eventually permanent entry of overseas skilled workers. There is also a temporary visa that has a specific Minister of Religion Stream which is a lot easier for religious organisations to access than the labour agreement.

In the eyes of the Department Ministers of Religion include Chaplains, Imams, Monks, Priests, Pastors and Rabbis just to name a few.

Unfortunately, not all migration agents/lawyers know this, and we met our client after they received some bad advice from another migration agent/lawyer.

Case Study

Our client already had a 457 granted however, it came to our attention that the grounds under which the visa was applied for and subsequently granted were inappropriate. Our client received advice from a different agent and our client’s duties were misrepresented in the 457 nomination and application. If DIBP investigated this, our client would be at risk of visa cancellation and subsequent exclusion periods due to this false information. Often when trying to apply for PR through the 186 this is where DIBP pick up on problems with the 457.

When this client came to us, our first aim was to quickly address the visa cancellation risk. Of course, an accurate representation of his occupation needed to be made. This was achieved by applying for the 408 Temporary Activity Visa, allowing for him to be correctly listed as a Minister for Religion – not a bogus title (again it seems the other agent was not even aware of this visa subclass existing). One of the other reasons we chose this visa is because it has a relatively quick processing time. Other things to note about the 408 visa is that is has no minimum salary requirement unlike the 457’s $73,150 minimum, thereby making it more accessible to religious organisations who cannot afford such a high salary for missionaries etc.

Unfortunately, the 408 visa does not provide a direct pathway for permanent residence (although it does provide the visa holder’s spouse with full time work rights). It was then our challenge to help our client achieve their goal of PR.

As this particular religious organisation was located in a regional area an application for a Regional visa 187 RSMS was then made. Not only is this a permanent residency application, but it has more occupations to choose from than the 457 visa allows. Simply put, our client’s spouse could have her duties in the religious organisation accurately listed as it aligned with an occupation on the RSMS list. If the religious organisation was not in a regional area, for a permanent visa, we would potentially have to negotiate a labour agreement for the church. The labour agreement is still an option for this church but the RSMS meant that this applicant in particular could apply for PR straight away. Fast forward many years later and they now hold not just PR by actually citizenship.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

As an employer, it is crucial that you ensure all individuals you employ, refer and contract are legally allowed to work in Australia. Australian citizens, permanent residents and New Zealand citizens are not the only type of legal workers. Temporary visa holders may have the right to work in Australia but it is your responsibility to take reasonable steps, at reasonable times, to confirm if a non-citizen is allowed to work and what if any conditions affect their right to work.

Employers found to have employed a non-citizen (visa holder) who does not have permission to work or is in breach of their visa conditions could face penalties of up to AUD3,780 to AUD126,000 per illegal worker. These penalties are dependent on the seriousness of the infringement and whether you are an individual or corporate body.  So, how to check:

Australian citizens, permanent resident and New Zealand citizens.

Typically, a single check confirming citizenship or permanent resident status is all that is required to meet your obligations but that is up to you and your HR adviser to decide:

To confirm Australian or New Zealand citizenship an employer can sight:

• Australian or New Zealand passport
• Australian birth certificate and a form of photo identification
• evidence of Australian citizenship and form of photo identification
• certificate of Status for New Zealand citizens in Australia and a form of photo identification.

To confirm permanent resident status, an employer can sight:

• certificate of permanent resident status and a form of photo identification
• a passport issued by the government of another country along with a check using Visa Entitlement Verification Online (VEVO).

Everyone else

The government offers a free online service: Visa Entitlement Verification Online (VEVO). Employers can either check a person’s visa details by registering for VEVO as an organization or alternatively, can ask the worker to send their visa details directly to them by using the VEVO email function.

To send a prospective employer visa details, the visa holder will need to access VEVO for Visa Holders. To gain access, visa holders must ensure that they have:

• Their passport or Immicard Details and
• One of the following
  • Transaction Reference Number (TRN)
  • Visa grant number
  • Visa evidence number

From this, users will simply need to use the ‘Send email’ function when the visa details are shown.

VEVO allows employers to see the type of visa the person holds, whether there any restrictions on their working rights, when the visa was granted and when it will expire.  It must be noted that the employer must first handedly check VEVO themselves. Viewing a copy of VEVO results presented by a third party or a printed copy is unreliable.

When it can be satisfied that there are no working restrictions attached to their visa, employers can rest assured that it is lawful to employ them. However, employers must conduct continuous checks on the status of their visa when the visa holder’s circumstances change. If the worker is holding a bridging visa which contains no expiry date, it is recommended that checks be conducted every three months.

This information is general in nature. An employment lawyer should be consulted to learn the totality of your employment law obligations. This blog has been written to provide a general overview of the current legal framework and you should not rely on the content posted within.

Australian businesses can fill vacancies with skilled workers who are not Australian permanent residents. The nightly news does their best to make business think this is a tremendously difficult and expensive process so they aren’t seen as betraying the Australian labour market but the truth of the matter is, recruiting and retaining skilled workers who do not have Australian permanent residency can be a viable no nonsense option for more Australian businesses than realise it.

At this point you’re probably sceptical, fair enough. So now is a good time to consider the failsafe’s that the Department of Immigration and Border Protection have implemented to ensure only quality candidates are eligible for this visa. This can be split up into 3 topics; English language abilities, skills, salary and character.

Skills: Do you think a tradie or professional with experience / training from say Sri Lanka might have a different education/skill level than someone who has studied and worked in Australia? So does the Department of Immigration and Border Patrol. For this reason many skilled migrants who have years of work experience in their field choose to start their studies over in Australia. This means you might be able to secure a candidate with a Bachelor from overseas, 5 years’ experience from overseas and then a more recent Australian qualifications to make sure any gaps are filled. For those that don’t study in Australia, there are extensive work reference checks and skill assessment processes that they must go through to get the stamp of approval. The moral of the story, if your candidate is the right candidate for the visa, their skills are legitimate.

English Language Ability: Applicants who are not from USA, Canada, UK or Ireland, or who have not studied 5 years’ in the English language have to sit an English language test with rather high standards. These measures are in place to prove that even if your candidate can talk well enough in an interview they can also read and write well enough to ensure they won’t become a workplace health and safety hazard.

Salary: There is a visa program where sponsors have to pay their workers at least $53,900 p.a. + superannuation. This 100% takes a lot of jobs off the table and you should definitely not assume that this rules your business out of being able to access these skilled workers. There are other visa streams where the only requirement for salary, is that it is legal and comparable to what your other employees doing the same tasks earn / what the Australian market pays.

Character: Based on recent changes in migration laws, all sponsored temporary workers need to present police checks from every country they have lived in for one year or more in the last 12 months. The Department make sure no undesirables get granted the visa.

So other than a qualified worker, what else can the visa scheme offer your workplace? STAFF RETENTION! Sponsored work visas mean the person’s visa is tied to the employment so if they choose to leave your employment to see if the grass is greener, their visa will not necessarily follow them. The increase that this brings to staff retention is unparalleled. Of course this can be a recipe for disaster for workers to be taken advantage of so the Department have introduced protection measure to avoid these situations such as spot checks to make sure you are paying your workers per their employment contracts and checking that the salary offered is in line with Awards and market rates.

Ok so maybe you’re interested in the program, but how do you find the right person? A recruiter who charges 20% commission? I vote no. Alternatives to this include; not dismissing the resume of someone who says they have a temporary visa and has responded to your advertisement or more directly to contact migration agents/ lawyers who have a direct line of communication with job seekers who have not yet secured permanent residency. When I say this process can be quick and easy I 100% mean that you need the assistance of a professional.

So how much does it cost? There are many different visa options, too many to list here, but as a general rule the government fees a sponsoring business has to pay shouldn’t be more than $420 once off and $330 per person on top of that. The fees for the migration lawyer to assist? In our experience, often the worker is happy to cover this expense to further incentivise you. Typically a worker has to stay with you for 3 years to gain their PR but again, there are many different visa streams so you should obtain advice specific to an individual’s circumstances.

The Lawyers and Agents of Cornerstone Global Migration have over 13 years’ migration law experience and offer free 20 minute consultations to businesses and individuals who need migration advice. They also offer recruitment services which connect skilled workers with potential visa sponsors. Call them for more information and to see if this could be the solution your business has been looking for.

1. The laws have not changed yet. If you have a sponsor ready and you can lodge before the laws change you can still get a 457 visa for up to 4 years.
2. They have not announced what the new visa will look like yet, stay tuned. If you are worried you won’t have enough work experience for the new visa remember the 457 is not the only option e.g. 407 Occupational Training Visa.
3. This is not the end of the world. Australia needs foreign workers to continue to thrive. It may be made harder to get a working visa but it will never be impossible and the goal of Permanent Residency is worth it no matter how many hoops you need to jump through.

So, if this announcement scares you, remember, act now, not later. We are here ready to take your calls and answer your emails.

Some people job hop, constantly looking for more money or just taking the employer’s training and leaving as soon as there is something more exciting a 457 visa worker can only work with their sponsoring employer so they tend to stay put. Their employment is temporary for up to four years, after they have worked with their sponsor for two years on their 457 visa, there is often the option for the sponsoring employer to sponsor them for permanent residency. The goal of most 457 workers.

2. What if it doesn’t work out

A business can fire a foreign worker in exactly the same way they would an Australian. There is no extra commitment to keep them on just because you are their visa sponsor. You may however have an obligation to notify the Department if you terminate a visa holder’s employment, your agent can tell you if this applies to you.

3. Incentive to perform

Some people get complaisant in their job and can let their performance slide. 457 workers want you to sponsor them for permanent residency and know that you won’t want to unless they are great at their job. They have an incentive to continue to impress in the workplace that others do not have.

4. Benefits to the workplace

Bringing overseas experience to the workplace can present amazing opportunities for your business. Whether it is a new taste in your kitchen, someone with a second language who can tap into a new sales market for you or a style of tiling or painting that is different in the market, there are all advantages that a foreign worker can offer to help you boost your sales.