Skilled, Work and Business Visas
Are you an Australian employer experiencing a skills shortage in your business?
Or perhaps you are a person with skills in short supply in Australia?
We can help.
We provide assistance with:
- Temporary employer-sponsored visas (subclass 457)
- Permanent employer-sponsored visas (subclass 186 – Employer Nomination Scheme & 187 –
Regional Sponsored Migration Scheme)
- General Skilled Migration (subclass 189)
- State Nominated and Skilled Regional visas (subclass 190 & 489)
- Temporary Graduate visa (subclass 485)
- Training visas (subclass 407)
- Applications to the Administrative Appeals Tribunal
- Temporary Activity and Temporary Work visas (subclass 408 & 400)
- Skills assessment applications
- Managing an employer’s sponsorship compliance and monitoring by the Department of Home Affairs and the Fair Work Ombudsman.
Abolishing 457 Work Visa
On 18 April 2017 the Prime Minister announced that the Government intends to abolish the subclass 457 visa programme and replace it with a new temporary work programme with stricter eligibility requirements. While these changes will be implemented in stages and the subclass 457 visa will not be abolished until March 2018, a number of changes have come into effect on 19 April 2017 that have substantially changed the landscape of the 457 visa programme.
Update on RSMS regional certification
Skilled Migration WA has announced that it is accepting new applications to certify positions in the following regions in WA:
Crackdown on “genuineness” of 457 visa position
Obligations on Employers Who Sponsor Skilled Workers for Subclass 457 Visas.
There are 10 obligations:
- Obligation to cooperate with inspectors
- Obligation to ensure equivalent terms and conditions of employment
- Obligation to pay travel costs
- Obligation to pay location and removal costs
- Obligation to keep records
- Obligation to provide records and information
- Obligation to provide information when certain events occur
- Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity
- Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
- Obligation to provide training
A detailed description of each obligation can be found at the DIBP website. Failure to comply with these obligations can lead to significant consequences, including fines, cancellation of business sponsorship and bars on sponsoring skilled workers for temporary visas. Furthermore, this can result in an “adverse finding” which needs to be overcome in new subclass 457 visa and Permanent Employer Sponsored visa applications.
Updated August 2016
Court Decision Changes Approach to 457 Visa Applicant Appeals
In Ahmad v Minister for Immigration and Border Protection  FCAFC 182, 16 December 2015, the court overturned prior rulings that a 457 visa applicant could not appeal a visa refusal if the nomination were refused.
Therefore, notices informing 457 visa applicants that they could not appeal are probably invalid. Invalid notices could mean that no notice was given and that the 457 visa applicants may even now have a right of appeal.
Article uploaded on 23 December 2015.
The latest in news.
The Skilling Australians Fund (SAF) levy is expected to be implemented in the first quarter of 2018-19, i.e. before 30 September 2018. Once implemented, a nominating employer will be required to pay a training contribution charge, based on the visa being applied for, the proposed visa duration and the turnover of the business.
Australian immigration laws are complex and continually changing. Many migrant workers are unsure of their employment law rights, and many employers are unsure of their rights and obligations as a sponsor. Failure to comply with Australian immigration law obligations may result in serious consequences.
Rothstein Lawyers were present at the Perth Small Business Expo. Thank you to everyone who stopped by to see us at the Perth Small Business Expo on Friday 4 May 2018.