ukti australia - transferring staff to australia - 457 visa webinar presentation
DESCRIPTION
UK Trade & Investment gives an overview of Australia's trade and economic conditions before passing to ASG immigration for detailed advice on Australia's 457 visa for highly skilled workers.TRANSCRIPT
3
A comparison with AustraliaAustralia UK
Population 23.3 million 64.1 million
Global GDP ranking 12th (IMF 2013) 6th
GDP growth est. 2014 2.6% 2.9%
GDP per capita ($US 2014)
US$61,137 $43,803
Ease of doing business (World Bank 2013)
111h 10th
Unemployment (July 2014)
6.4% (ABS) 6.4%
Land mass – sq km 7 692 000 242 000
In partnership with:
Where are the jobs?
6
0
1000
2000
3000
4000
NSW VIC
QLD SA WA
TAS NT
ACT
'000
pers
ons
February 2013
February 2014
0
500
1000
1500
2000
NSW VIC
QLD SA WA
TAS NT
ACT
'000
pers
ons
February 2013
February 2014
Overall employment by State & Territory
Skilled employment by State
Change in Employment by Industry
-14 -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 14
Agriculture, Forestry and FishingMining
ManufacturingElectricity, Gas, Water and Waste Services
ConstructionWholesale Trade
Retail TradeAccommodation and Food ServicesTransport, Postal and Warehousing
Information Media and TelecommunicationsFinancial and Insurance Services
Rental, Hiring and Real Estate ServicesProfessional, Scientific and Technical Services
Administrative and Support ServicesPublic Administration and Safety
Education and TrainingHealth Care and Social Assistance
Arts and Recreation ServicesOther Services
Decrease Increase
9
Source: Department of Employment
Introduction
• The 457 visa program is designed to enable businesses to address Australian labour market skills shortages
• Driven by employer demand• Australia’s most commonly used method of
employing overseas workers• The program involves a 3 stage process:a)Standard Business Sponsor applicationb)Nomination application c)Visa application
Which businesses can use the program?
• Employers lawfully operating a business inside or outside of Australia
• Overseas employers can use the program if they want to establish a business operation or fulfil a contractual obligation in Australia - overseas employers do not need to meet the ‘Training Benchmarks’
• Standard business sponsorship applications are normally approved for a period of three years
What obligations do I have as a Sponsor?
• Australian businesses must establish their commitment to the training of Australians by lodging evidence of meeting either Training Benchmark A or B
• Training Benchmark A - pay the equivalent of at least 2% of company payroll to an industry training fund for the training of Australian citizens or permanent residents
• Training Benchmark B - spend the equivalent of at least 1% of payroll on training Australian citizen or permanent resident employees
• Businesses trading for less than 12 months are required to lodge a ‘training plan’
• Meeting the Training Benchmarks is an ongoing obligation
What obligations do I have as a Sponsor?
• Ensure terms and conditions of employment for 457 holder are no less favourable those that the sponsor provides or would provide to an Australian citizen or permanent resident
• Notify the DIBP of the cessation or expected cessation of a primary 457 holder’s employment within 10 working days
• Notify the DIBP of a change to the work duties carried out by a primary 457 employee within 10 working days
• Advise DIBP if the sponsor has paid return travel costs to enable the 457 employee to leave Australia
How is the salary of a 457 employee determined?
• Lowest acceptable salary under the 457 program is $53,900 per annum
• Employers must also make a minimum contribution to a superannuation fund of the employee’s choice, currently 9.5% of the employees annual salary
• Employers must pay visa employees a ‘market rate’ salary equivalent to the rate paid to Australian employees performing a similar role
• If no Australian employees performing a similar role then the ‘market rate’ can be determined by remuneration surveys, collective agreement or awards or job advertisements
• Employers offering a salary in excess of $250k per annum are exempt from market salary testing
How do I nominate a position for a 457 visa?
• Identify a position to be filled by an overseas skilled worker
• The nominated occupation must be one listed in the Skilled Occupation or Consolidated Skilled Occupation List
• To lodge a valid nomination the employer/ company must have already lodged a sponsorship application, had a previous sponsorship approved or applied for sponsorship at the same time as the nomination application
What is Labour Market Testing?
• Commenced on the 23rd November 2013 and requires sponsors to test the local labour market within a 12 month period prior to lodging a nomination application
• Employers must provide information with their nomination about attempts to recruit Australian workers
• There are exemptions from the LMT requirement• ANZSCO Skill Level 1 – Bachelor degree of 5 years or
more relevant experience required for nominated occupation
• ANZSCO Skill Level 2 - Associate degree, advanced diploma or three years or more relevant experience required for nominated occupation
• ‘Protected’ occupations cannot be exempted from LMT. These are mainly engineering and nursing positions
Who can apply for a subclass 457 visa?
• Applications for a subclass 457 visa can be made by individuals nominated by an approved standard business sponsor for a skilled occupation on the list of eligible occupations and who meet the skill requirements for the nominated occupation
• A 457 visa holder can bring eligible dependents with them to Australia and dependent family members are able to make a combined application
Are there any English language requirements?
• 457 visa applicants are required to demonstrate a level of English language proficiency unless they are ‘exempt’
• Nationals of the UK, USA, Canada, Republic of Ireland or New Zealand are exempt from the language requirements
• Nominated in an occupation that does not require English language competency for grant of registration, licence or membership and has completed at least 5 years consecutive full-time study in a secondary and/or higher education institution
• Paid a salary in excess of $96,400• English language proficiency is normally established by
the applicant lodging an International English Language Testing system test result with a score of at least 5 in each of the four test components
Health and Character requirements?
• A 457 visa applicant and dependent family members must be able to meet health requirements for the grant of the visa
• DIBP may request applicants to undergo a health examination depending on the applicant’s country of origin or residence, the intended period of stay or intended activities
• To be granted a 457 visa, applicants must be of good character and DIBP may request police certificates for each country that an applicant has lived in for 12 months or more over the last ten years
Anthony Hughes, ASG Immigration
Level 19, 1 O’Connell Street. Sydney NSW 2000
+61 (0) 2 8901 3834
Australian 457 work visas
A Practical Guide