The CEL Consulting Team has received the below important information from the 457 Programme Management Team from the Department of Immigration and Border Protection. Businesses approved as sponsors under the Temporary Work (Skilled) visa (subclass 457) programme administered by the Department of Immigration and Border Protection are required by law to meet the sponsorship obligations outlined in the Migration Act 1958. Some obligations apply beyond the term of sponsorship approval or after the sponsored person ends their employment with the sponsor. We highly recommend you to spend some time on and focus on page 4, the obligation timeframes. Not all sponsorship obligations cease when the sponsored subclass 457 visa holder stops working for the sponsor, the table in page 4 has outlined when each obligation applies. Please contact us on 1800 367 235 if you require any further information in relation to the Temporary Work (Skilled) Visa (subclass 457).
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< BIG ANNOUNCEMENT!! >
CEL Consulting recently assisted an applicant applying for Visa 457. It only took the immigration department 2 months from processing to finalising. We helped our applicant to apply the visa on 22nd December 2016, and immigration department granted the visa to her on 20th January 2017. If you are interested to be a sponsor and want to apply Visa 457, please contact us on 1800 367 235 or email us on cgao@celgroup.com.au , we will be more than happy to help you! In order to be a qualified sponsor, you must be able to show that your business is a lawfully operating business and has no relevant adverse information against your business. Besides that, as a standard business sponsor, if you are running your business in Australia, you must also meet training requirements, demonstrate your commitment to employing local labour and not engage in discriminatory recruitment practices. Here are the information that you will need to be familiar with: Training requirements You must show that you have contributed to the training of Australian workers by providing evidence of meeting the training benchmarks. These benchmarks were introduced to ensure that the employment of workers from outside Australia is not seen as an alternative to training Australian workers. To be approved as a standard business sponsor, you must either:
If you negotiate a labour agreement, your business will have to meet a similar training requirement as part of the agreement. Training benchmarks If your business has been trading in Australia for more than 12 months, you must show you have contributed to the training of Australians. You show this by meeting one of two benchmarks. This can be either:
Businesses that do not yet have an operating base in Australia do not need to meet the training benchmarks. Payroll Payroll is the amount of money an employer pays in wages to their employees in the 12 months immediately before you lodge your application for sponsorship. Payroll expenditure includes any:
Recent expenditure For expenditure to qualify as recent, it must have occurred in the 12 months immediately before you lodge your application. This applies to both benchmarks. If you include payments to contractors in your payroll expenditure, you can also count any eligible training expenditure on them towards the benchmarks. Industry training funds Industry training funds are statutory authorities responsible for providing funding for training of eligible workers in certain industries, such as construction and mining. You should contribute to a fund that operates in the same industry as your business. If your industry does not have an eligible training fund, you can contribute to:
Examples of ways to meet the training benchmarks You can show you meet the training benchmarks in relation to your Australian employees by:
Expenditure on apprentices and trainees Apprenticeships and traineeships are training positions. You can count 100 per cent of the salary provided to an apprentice or trainee towards training benchmark B if:
Expenditure on graduates who are part of a formal training program One hundred per cent of a graduate’s salary can be counted towards training benchmark B if the graduate’s position is part of a formal, structured graduate program of up to two years, or if it is part of a professional year following their graduation. The occupation in which the graduate is working must be relevant or related to the subject of their recently completed qualification. Expenditure on graduates who are not part of a formal training program Graduate positions that are not part of a formal, structured graduate program are considered differently because they are already fully qualified for their positions and they can already perform all their duties:
Training provided by a franchise head office for franchisees Training provided to employees of franchisees can be counted towards training benchmark B if you:
If the franchise head office provides the training, you must provide documents that show exactly what percentage of the franchise fee is attributed to training. An estimate of the training component will not be accepted; neither will the entire franchise fee. For more information, please go to : Temporary work (skilled) visa 457 We have recently moved to a global allocation model for processing cases. Please note allocation time and processing time can be different. When a case is allocated, it is assessed on that day. If the application is “assessment-ready” and no other processing is required, the application will normally be finalised on the allocation day. If the application is NOT “assessment-ready” and more information is needed to finalise it, the processing time will be longer. PROCESSING TIMES FOR APPLICATION PROCESSING TASKS The following table provides individual processing times for the different elements associated with finalising 457 applications. PLEASE NOTE:
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