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