Immigration Workshop Presented by – Shelley Duffy Simply Visas Immigration Workshop Presented by – Shelley Duffy

Employer Obligations Australian employers could face infringements or civil penalties if they allow illegal work regardless of whether they knew someone was an illegal worker. Australian citizens, New Zealand citizens and Australian permanent residents are legal workers and have unlimited permission to work in Australia. A single check confirming citizenship or permanent resident status at the time of employment is all that is required – this would be sighting an Australian passport, birth certificate, photo ID or permanent residency grant letter. Australian employers are required to take reasonable steps to make sure they are not employing, referring or contracting illegal workers. Employers are expected to check that all non-citizens have the right to legally work in Australia. Some Australian visas have work limitations that could include not being able to work at all or only being able to work with a certain employer or a specific number of hours.

Overseas workers Have you had an overseas worker apply for a vacant position either in person or via an advertisement? How did you go about checking their work rights? One simple check can clarify the worker’s visa status and any conditions associated with that visa. You can then make an offer of employment subject to those visa conditions. The first thing to do, if you come across an interesting resume is ask the applicant’s permission IN WRITING to conduct a VEVO check. All employers can register for a Visa Entitlement Verification Online (VEVO) account. You will require a copy of the applicant’s passport, and within a few minutes you will have a detailed summary of their visa validity dates and any associated visa CONDITIONS. It is important to understand all CONDITIONS so as to not jeopardise the business, or the visa applicant’s stay in Australia.

2 Examples All visas have MANDATORY Conditions WORKING HOLIDAY OR WORK AND HOLIDAY VISA Work limitation – can not be employed for more than 6 months with one employer, unless they have gained written permission. This would generally only be allowed if the applicant has lodged an application for another visa that would allow full time work. Can go back to same employer on 2nd working holiday visa Can not engage in studies or training for more than 4 months STUDENT VISA Can not work before course starts Can only work 40 hours per fortnight, while the course is in session. Unlimited work hours when course is not in session Must be enrolled in a full-time course Must have health insurance Must notify of change of address within 7 days Several conditions associated with family members of Student Visa holder as well

Discretionary Conditions Condition 8503 – NO FURTHER STAY All visas have mandatory conditions & some may be applied at the discretion of the Department case officer. An example of a DISCRETIONARY Condition includes; Condition 8503 states 'The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia’. If you come across a visa holder with this condition you need to be aware that they can not lodge for another visa type whilst onshore. Therefore, it will be necessary to make adequate arrangements for your business to be able to accommodate the transition and consider the time frames that may be involved should you wish to extend their employment.

What if you have tested the Australian market & still haven’t been able to hire? Options for overseas workers for permanent employment beyond the visitor, working holiday or student visas are dependent on the applicant’s skills and whether the business has genuinely exhausted all avenues and has been unsuccessful finding an Australian worker to fill the role – known as Labour Market Testing. Recent reforms have seen the Subclass 457 Visa abolished and replaced by the Subclass 482 TSS Visa. The skilled overseas worker’s temporary visa length as well as their permanent residency options are dictated by the occupation that they are working in. If you would like further information on the sponsorship, nomination and visa application process and the requirements for your business, please contact me for further information.

Subclass 482 - TSS Visa Pathways Skilled Occupation Lists have been split into: Short Term Medium to Long Term Regional Occupations on the Medium to Long Term and some Regional occupations will have pathways to Permanent Residency (PR) whereas Short Term occupations will be limited to 2 x TSS Visas only. TSS Visa Short Term 2 years TSS Visa Medium to Long Term 4 years TSS Visa Short Term 2 years Pathway to PR No pathway to PR

Some Occupation Examples SHORT TERM MEDIUM TO LONG TERM REGIONAL Program Director (Television or Radio) Registered Nurse  Funeral Workers nec ICT Sales Representative Computer Network and Systems Engineer Post Office Manager Sales and Marketing Manager ICT Security Specialist Sports Centre Manager Family Support Worker Chief Information Officer Intellectual Property Lawyer ICT Support Technicians nec Electronics Engineer Safety Inspector Make Up Artist Solicitor Electrical Linesworker Disabilities Services Officer Solid Plasterer Emergency Service Worker Finance Broker Secondary School Teacher Financial Institution Branch Manager Photographer Early Childhood (Pre-primary School) Teacher Human Resource Adviser

Thank you For any questions please contact us at www.simplyvisas.com