Seven Step Guide to Australian Working Visas

Transcription

1 Seven Step Guide to Australian Working Visas

2 Contents: Step 1: Types of Work Visas Available - Page 3-4 Listed in this booklet are the visas available to individuals seeking to live and work in Australia. We ve also provided some basic information about the visas, so you can see which one best suits you. Step 2: Confirm your Eligibility - Page 5 Before you look into anything further you must check to see if you fit the visa requirements. This will help you determine whether you re eligible to come to Australia to live and work. Step 3: Seeking Employment - Page 6-7 In this section we have supplied various suggestions on how to look for work. The 457 visa and the Employee Nomination Scheme (Permanent Residency) require you to have a job secured/offer to be sponsored for the relevant visa. Without a job you cannot get either visa. Step 4: Further Information on the Work Visas Available - Page 9-11 By now you should know which type of visa will suit your needs and which visa you will qualify for. We ve provided you with more in-depth information on these visas. Step 5: Finding 457 Sponsorship - Page The 457 visa requires you to have a company/entity as your sponsor for the visa. This can either be the company that is offering you the job, or you can use an on-hire company to become your surrogate sponsor. Step 6: Information Required for Application & Lodgement - Page This is a run-down of what regulated relevant information you ll need to collect for the visa you are applying for. Step 7: The Visa Process - Page We have provided the flow charts for each individual visa so you can understand the process of the visa application and lodgement. Disclaimer - Page 29 2

3 Step 1: Types of Work Visas Available Listed in this booklet are the visas available to individuals seeking to live and work in Australia. We ve also provided some basic information about the visas, so you can see which one best suits you. 417/462 Working Holiday Visa The 417/462 Working Holiday allows individuals to: Stay in Australia for up to 12 months (holiday and work) Work in Australia for up to 6 months max for one employer (within the 12 months) Study in Australia for up to 4 months (within the 12 months) Travel in and out of Australia as often as they want while the visa is valid Please note: You can apply for a second Working Holiday visa, but first you must have already completed three months of specified work in regional Australia. This must have been completed while on your first Working Holiday visa. 457 Visa The 457 Visa allows skilled workers to: Come to Australia and work for up to four years Bring their family to work or study in Australia Travel in and out of Australia as often as they want while the visa is valid HOT TIP: If you are under 30 and want to come to Australia for some fun, travel, and a bit of work (to give yourself some spending money), then the 417 or 462 working Holiday visa is for you... HOT TIP: If you are looking for longer than six months, the 457 visa is the one for you 3

4 Permanent Residency (PR) Pathways for Skilled Workers Permanent residency is the visa process which allows non-citizens to apply to live, work, study and remain in Australia on a permanent basis. There are various pathways to obtain permanent residency (PR), however the most popular of these are those available to skilled workers. Please find these visa pathways briefly outlined below: Pathway 1: General Skilled Migration via SkillSelect The first and most popular pathway to permanent residency is to apply via the General Skilled Migration Route through SkillSelect. This visa is a Point s Based Visa, in which the applicant is assessed on their own skills and merits. Pathway 2: Employer Nomination Scheme The Employer Nominated Scheme is a permanent residence visa for skilled workers. It allows you to work in Australia under one of three streams: 1. The Temporary Residence Transition stream 2. The Direct Entry stream 3. The Agreement stream HOT TIP: If you are looking for a more permanent move to Australia, then either the 457 or Permanent Residency visa is for you... 4

5 Step 2: Confirm your eligibility Before you look into anything further you must check to see if you fit the visa requirements. This will help you determine whether you re eligible to come to Australia to live and work. 1. In less than one minute find out if you qualify. Download the My Migration App for a quick check of your visa options for 457 or Permanent Residency. Visit 2. Look at the government site: 3. Speak with a registered Migration Agent. A list of agents can be found here: HOT TIP: From the 457 Visa you can move to Permanent Residency (PR) if the company sponsoring you is willing to be your sponsor for PR. A lot of people come into Australia on the 457 and then move to PR... 5

6 Step 3: Seeking Employment In this section we have supplied various suggestions on how to look for work. For the Employee Nomination Scheme (Permanent Residency) and the 457 visa you need to have a job secured/offer to be sponsored for the relevant visa. Without a job you cannot get either visa. Migration agents can assist you in obtaining a visa, however, it is your responsibility to find a job and secure a role in Australia. Trying to find employment in Australia can be difficult; we suggest looking for employment on the Australian Jobs LinkedIn groups, and on various websites, such as: Seek.com.au Ja.com.au Jobsearch.gov.au Jobs.com.au Jobsaustralia.com.au Mycareer.com.au HOT TIP: It might be a good idea to visit Australia and meet up with some recruitment companies to find out what/how they require your information to be presented... 6

7 As part of our efforts to assist you we have joined forces with the AustJOBS site in order to provide a platform for you to promote yourselves in the Australian job market. To be invited to join this service, simply click on this link below. talent.austjobs.com/joinnow/pendragon/355 Once you have clicked the above link: 1. You will see a special registration screen for our AustJOBS service. 2. Enter your name, and sign-up. 3. You will receive an automatic invitation from our AustJOBS system with a first-time special login link. 4. Click the link in the invitation and your account will activate 5. You will receive another with a first-time password allowing you to login for the first time Hopefully this is one way in which we can assist in your quest for employment. Alternatively you can contact an Australian Recruitment Company to assist you in finding a role. 7

8 There are some companies that provide professional assistance with CV writing and training in looking for jobs within Australia

9 Step 4: Further Information on the Work Visas Available By now you should know which type of visa will suit your needs and which visa you will qualify for. In this section we ve provided you with more in-depth information on these visas. 417/462 Working Holiday Visa If you choose the 417/462 Working Holiday Visa you are able to do any kind of work over the course of your 12 month stay. However, you are limited to a maximum period of six months with any one employer. You can work six months with one employer and six months with another during your 12 month stay, however, working for longer than six months with the same organisation, regardless of whether the duties or location of the employee change, is generally not allowed. The 417/462 working holiday visa is available to anyone who meets the following requirements: Between the ages of Do not have a dependent child accompanying them at the time they re in Australia Possess a passport from an eligible country. Eligible countries can be found via the links below. 417: 462: HOT TIP: Make sure you adhere to all the rules of the legalities of employment of the visa. This can have devastating issues for furthering your stay in Australia in the future... 9

10 457 Visa You must meet certain employment conditions if you are to obtain a 457 visa. These conditions include: Working in the occupation for which you were nominated Working for the sponsor who nominated the position you are working in, or an associated entity of the sponsor or an on hire company. Be paid the correct Market Salary Level (MSL) for the position If you stop working for your sponsor, you must do one of the following within 90 days: Find another employer to sponsor you Apply for a different visa Make arrangements to leave Australia Permanent Residency (PR) Pathway 1: General Skilled Migration via SkillSelect The first and most popular pathway to Permanent Residency is to apply via the General Skilled Migration Route through SkillSelect. This visa is a Point s Based Visa, in which the applicant is assessed on their own skills and merits. To be able to apply for this visa the applicant must first meet the relevant points test which assesses the applicants age, English language ability, skilled employment and qualifications. In addition the applicant will also be required to have an occupation on the current Skills Occupation List (SOL), obtain a suitable skills assessment for their occupation, evidence at least competent English, must also be under the age of 50 and meet all other health and character requirements. Pathway 2: Employer Nomination Scheme The Employer Nominated Scheme visa is a permanent residence visa. The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer (who has lodged a valid nomination with Immigration under the Temporary Residence Transition stream), who wants to offer them a permanent visa position in that occupation. 10

11 The Direct Entry stream is for: people who have been nominated by their employer under the Direct Entry stream people who have never, or only briefly, worked in Australia temporary residents who do not qualify for the Temporary Residence Transition stream, or People with a nomination lodged before 1 July The Agreement stream is for people sponsored by an employer through a labour agreement. This stream is not as common as the previous two. Pathway 3: State Sponsorship Program Permanent Residency is also available via the SkillSelect State Sponsorship program. This visa requires the applicant to not only meet DIBP (Department of Immigration and Border Protection) visa requirements but must first be nominated and approved of sponsorship by an Australian State or Territory. This pathway is not as common as the others and is usually pursued when all other available PR options have been exhausted or are not currently available to interested applicants. Furthermore, it is also a much more complex process with eligibility depending on the individual s circumstances and their ability to meet all the DIBP s visa requirements and the criteria of each individual sponsoring state/territory. Eligibility for this visa, as well as the necessary applications and processes will therefore need to be determined on a case by case basis. HOT TIP: Give yourself plenty of time to change from one visa to another, especially from the 417/462 working holiday visas, as it is hard to get bridging visas to allow you to stay in Australia past your visas expiry date. It s best to have the new visa in place before your old one runs out... 11

12 Step 5: Finding 457 Sponsorship The 457 visa requires you to have a company/entity as your sponsor for the visa. This can be either the company that is offering you the job, or you can use an on-hire company to become your surrogate sponsor. Standard Business Sponsors Companies and Organisations who wish to employee overseas employees to work in their Australian Business can do so by applying to secure Standard Business Sponsorship with the Department of Immigration and Citizenship. There are three stages to this process: 1. Standard Business Sponsorship 2. Nomination 3. Subclass 457 business visa applications Standard Business Sponsorship (SBS) applications are for: Australian companies wanting to sponsor overseas employees; Overseas companies wanting to establish an Australian operation of their overseas business and employ overseas employees in that business. To sponsor a worker as a standard business sponsor, an organisation must: Be a lawfully operating business Meet training requirements (Australian businesses only) Have no relevant adverse information against thier business. Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices. 12

13 Once the business sponsorship application has been approved, employers are able to successfully lodge an application to sponsor the overseas employee s on a 457 Visa. A company must apply to sponsor an overseas employee by nominating their position. The nominated position must: In most cases be fulltime position (minimum 38 hours per week). Be in accordance with Australian law and award conditions. Be listed on the Australian Skilled Occupations List. Meet minimum skill (experience and qualification) requirements. Meet market and minimum salary requirements with the Department of Immigration. Once sponsorship and the visa is approved, the employee (visa holder) has the ability to work directly with the employer in the nominated (sponsored) position. They are not able to work for any other organisation in any other role, while maintaining the visa by the sponsoring company. Should the employee wish to no longer work for the organisation, the employer must notify the Department of Immigration within ten working days of the employee s last working day with the organisation. The visa holder then has 90 days in order to secure a new role and sponsor. Should the visa holder not secure another visa or sponsorship within 90 days, they can expect to be contacted by the Department of Immigration directly regarding their future stay in Australia. Labour Hire Agreement (Third Party surrogate 457 Sponsorship) Australian on-hire firms who seek to recruit/contract overseas workers to be on-hired out to unrelated businesses, can do so through securing and maintaining a Labour Hire Agreement with the Department of Immigration and Citizenship. The labour agreement, which is specifically tailored for the on-hire industry, provides the on-hire industry with a clear and defined pathway for the recruitment and contracting of skilled overseas workers. Visas granted under the labour agreement will allow for temporary entry to Australia for periods of up to four years at a time. 13

14 How to request access to a labour agreement: On-hire firms will need to request access to a labour agreement by contacting the department. The on-hire firm will be provided with information on the process of how to access a labour agreement. To become a party to a labour agreement, the on-hire firm must satisfy the department that the requirements of the industry labour agreement can be met. If the request to access is accepted by the department and the terms of the agreement have been finalised, the agreement will be signed off by the on-hire firm and the Commonwealth. When applying for a 457 visa for an employee, the on-hire company must meet the same requirements as a Standard Business Sponsor. Visa holder s, who maintain sponsorship through an on-hire company, can only be paid directly by the sponsoring (on-hire) company. The visa holder can work on various projects at different sites within their sponsored classification while maintaining sponsorship through an On-hire Firm. Should the visa holder no longer have a role contracted through the on-hire firm, the sponsor would need to inform immigration within ten working days of the visa holder s last day with the on-hire. The visa holder then has 90 days in order to secure a new visa/role and sponsor. Should the visa holder not secure a new visa or sponsorship within 90 days, they can expect to be contacted by the Department of Immigration directly regarding their future stay in Australia. At this point it is a good idea to talk to the Department of Immigration and explain that you are looking for a new role if in fact you are. What s the Difference? The main difference between both is that the visa holder is either sponsored directly by the company they are providing the services for (Standard Business Sponsors) or via a third party (Labour On-Hire Sponsorship). There are advantages and disadvantages with both, which may influence an individual s decision to chose one avenue of sponsorship over another. With Standard Business Sponsorship, visa holders may have access to opportunities for Employer Nominated Sponsorship (ENS) for Permanent Residency. While sponsored through Standard Business Sponsorship an individual remains restricted to the one employer and role. 14

15 Labour On-Hire Sponsorship provides flexibility with options for permanent or contract based work. Permanent based work is where an individual is employed on an ongoing full time position and often is remunerated with a yearly salary and leave entitlements. Contract based work allows for an individual to be employed on a full time role for a set period of time which may cover the duration of a particular project that the individuals skills are required for. With contract based work, an individual is usually remunerated on a set rate per hour/day/week worked. With both work options (permanent/contract based), with Labour On-Hire Sponsorship, if an individual wishes to work on another project or at a different organisation (in a similar role), they can do so under sponsorship through Labour On-Hire Sponsorship. A lot of Labour On-Hire s also provide salary packaging options that allows a visa holder to maximise their take home pay through tax deductable expenses and allowances. Whether an individual elects to secure visa sponsorship through Standard Business Sponsorship or via a Labour On-Hire, is entirely up to them and their individual circumstances. It is important for individuals to consider all options before making a decision when it comes to what route of sponsorship that they want to take. HOT TIP: Sometimes On-Hire Companies can allow you to do contract work. Just ask them... HOT TIP: If a company is willing to sponsor you for the ask them if they would be willing to sponsor you for Permanent Residency later as some companies are happy to sponsor for 457 visa but not for Permanent Residency... 15

16 Working through an immigration approved On-Hire Company makes it easier to swap jobs as you don t have to reapply for the visa because you are still sponsored by the On- Hire Company. This gives you more freedom to move around (if required)...

17 Step 6: Information Required for Application & Lodgement Listed below is a run-down of what relevant information you ll need to collect for the visa you are applying for. 417/462 Working Holiday Visa In order to lodge an application for the 417/462 Working Holiday Visa, the following information is generally required: Certified copies of the biographical pages of your current passport or travel document (these are the pages with your photograph and personal details and the issue/expiry dates). Certified copies of birth certificates or the family book, showing the names of both your parents (unless this information is in your passport). If your name has changed: a certified copy of evidence of the name change. Two recent passport-sized photographs (45 m x 35 mm). If you have served in the armed forces of any country: certified copies of military service record or discharge papers. Evidence of sufficient funds: certified copy of a bank statement showing you have access to funds of at least AUD For more information please visit the Australian Department of Immigrations website or contact a registered migration agent. 17

18 457 Visa To lodge an application for the Temporary Work (Skilled) visa (subclass 457), the visa applicant is generally required to provide the following information: Documents about your occupation and skills Qualification certificates (professional and educational) Registration, licensing or professional membership, if required. Documents from the relevant Australian registration and licensing authorities that show you hold, or will be able to meet, necessary registration and licensing requirements. References from previous employers that cover a period sufficient to demonstrate the relevant skill level. Your curriculum vitae (CV) or resumé, covering at least the last five years. Documents to show your level of English language proficiency (if required). Personal Documents Certified of the current passports or travel documents of all people included in the application (these are the pages with the holder s photo and personal details and the issue/expiry dates). One recent passport sized photograph (45 mm x 35 mm) of each person included in the application. Your relationships If you are living in a de facto relationship: independent evidence that you have been in the relationship for at least 6 months (for example, joint bank account statements or billing accounts in joint names). Evidence of financial dependency for all your family members aged 18 or older. 18

19 Your children If you want to bring a child younger than 18 years of age with you to Australia, and that child s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia. Health insurance Evidence of adequate health insurance for the duration of your stay in Australia, such as a certificate letter from your health insurer/broker, evidence that you have enrolled with Medicare (if your country has a reciprocal health arrangement with Australia), or the Immigration document: Health Insurance Template to be completed. For more information please visit the Australian Department of Immigrations website or contact a registered migration agent. Permanent Residency To lodge an application for Permanent Residency in Australia, the visa applicant/s are in general required to provide the following information: Forms A completed application form: SkillSelect or Permanent Employer Sponsored or Nominated Visa. For anyone included in the application who is 18 years of age or older and is not your partner, the Immigration form: Details of child or other dependent family member aged 18 years or over For each person included in the application who is 16 years of age or older, the Immigration form: Appointment or withdrawal of an authorised recipient Charges Pay the visa application charge. 19

20 Personal documents for all applicants Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder s photo and personal details and the issue/expiry dates). If your name has changed or the name of anyone included in your application has changed: a certified copy of evidence of the name change. Your family relationships A certified copy of your birth certificate showing both parents names. If you are unable to provide this document you must provide other acceptable evidence that you are who you claim to be. Certified copies of marriage certificates or relationship registrations for you and anyone else included in your application. If you are living in a de facto relationship: independent evidence that your relationship is genuine and continuing (for example, joint bank account statements, billing accounts in joint names or joint ownership of major assets). If you or anyone included in the application has been widowed, divorced or permanently separated: a certified copy of the death certificate, divorce documents, or statutory declaration separation documents. 20

21 Your children Certified copies of birth certificates or the family book showing the names of both parents of all your dependent children. If any dependent child included in the application is adopted: certified copies of the adoption papers. Evidence of financial dependency for all your family members aged 18 or older: If you want to bring a child younger than 18 years of age with you to Australia, and that child s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia. Character requirements Police checks for you and everyone included in your application, whether they are migrating or not, who is at least 16 years of age. If you or anyone included in the application has served in the armed forces of any country, a certified scanned colour copy of military service record or discharge papers. HOT TIP: It is highly recommended that you get a qualified migration agent to assist with any Permanent Residency visa. They are completing applications frequently and know about the little quirky things that the Immigration Department look for... 21

22 Direct Entry Stream Provide these documents only if you are applying for this visa through the Direct Entry Stream. Skills and qualifications (must hold at time of application) You must provide a skills assessment with your application. A skills assessment provided after you have applied for your visa cannot be accepted. Your curriculum vitae (CV). Certified copies of all qualifications and work experience (for example, employment references). Registration, licensing or professional membership, if required for your occupation in the state or territory in which you will be working. Documents from the relevant Australian registration and licensing authorities that show you hold, or will be able to meet, necessary registration and licensing requirements. Age You must be under 50 years of age at time of application to satisfy the age requirement, or be exempt. There are limited exemptions. English language proficiency The results of a suitable English language test that was taken less than three years before lodging your application, the results must show that you have at least competent English. 22

23 Temporary Residence Transition stream Provide these documents at time of application lodgement if you are applying for this visa through the Temporary Residence Transition stream. Skills and qualifications (must hold at time of application) Your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia. Registration, licensing or professional membership, if required for your occupation in the state or territory in which you will be working. Documents from the relevant Australian registration and licensing authorities that show you hold, or will be able to meet, necessary registration and licensing requirements. Age You must be under 50 years of age at time of application to satisfy the age requirement, or be exempt. There are limited exemptions. English language proficiency The results of a suitable English language test that was taken less than three years before lodging your application, the results must show that you have at least competent English. For more information please visit the Australian Department of Immigrations website or contact a registered migration agent. HOT TIP: 417 visa - you can apply for this visa yourself. Make sure you don t work over the six month period, as this may affect your future visa prospects in Australia HOT TIP: 457 visa - this visa should be provided by your employer or an On-Hire Company at no charge to you, however, if you want to get professional advice when completing the forms - it will incur some costs... 23

24 Employee Nomination Scheme (ENS): always ensure that your employer is willing to move forward with your application before proceeding as your employer s cooperation will be instrumental to the success of your application. ENS applications are usually a two step process which requires the lodgement of a nomination application and a personal visa application. The Nomination Application requires your employer to provide a substantial amount of information evidencing the financial viability of their business, details of the role on offer, market salary rates and evidence that they are meeting the relevant training requirements to nominate you for the role; whilst the Visa application is where you provide details of your skills, qualifications and identity to the DIBP.

25 Step 7: The Visa Process We have provided the flow charts for each individual visa so you can understand the process of the visa application and lodgement. 417/462 Working Holiday Visa Process Determine your eligibility Gather documentation required (inc. a valid passport) Lodge application online Visa processed by immigration (can take up to 6 days) Visa approved and Visa information provided Visa holder can arrive and commence work in Australia 25

26 457 Visa Process is this the same for ENS plus IELTS and skills assessment by relevant body Determine your eligibility Secure employment with a sponsor approved employer Gather documentation required for Visa application Nomination and Visa application lodged with immigration Complete health examination (if required) Application processed and approved with immigration 3/4 wks Upon approval, arrive and commence work in Australia 26

27 Permanent Residency Visa Via ENS Process Determine your eligibility Secure employment with a sponsor approved employer Gather documentation required for Visa application Organise IELTS test s, police checks and skills assessment Nomination and Visa application lodged with immigration Application processed and approved with immigration 3/4 mths Commence work in Australia 27

28 Permanent Residency SkillSelect Determine your eligibility via Organise IELTS test s, police checks and skills assessment Submit expression of interest (EOI) Immigration extends an invitation to apply for PR Gather documentation required for Visa application Visa application lodged to immigration Complete health examinations Application processed and approved with immigration 3/4 mths Arrive in Australia to activate the PR status 28

29 Disclaimer Whilst every effort has been made to ensure the information contained in this booklet is accurate and up to date, please note that the information contained here is intended only as general guidance. Laws, rules, policies and other information are subject to change and variation. Therefore, it is crucial that you carry out your own checks and due diligence in line with your specific circumstances at the time you take action. No liability or responsibility will be taken for any errors or loss, financial or otherwise, as result of actions you have taken as a result of reading this book. 29

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