The Department is currently receiving a high volume of queries around how ITOs apply in the context of visa grant periods and the interpretation of caveats. The frequently asked questions below are designed to address commonly asked questions and define key terms that agents have raised questions about – noting that the subclass 457 form currently asks whether the nominee is an intra-company transfer, but policy guidelines around ITOs refer to the term intra-corporate transferee, and note that certain occupations are considered 'Executives and Senior Managers' for the purposes of the program. What is the difference between an intra-corporate transferee and an intra-company transfer? The term intra-company transfer simply refers to an employee that is transferring between two associated entities. An intra-corporate transferee is a term used in international trade agreements to refer to an intra-company transfer to which an international trade obligation applies. Obligations vary by trade agreement, this includes aspects relating to visa duration and labour market testing, and might be restricted to particular occupations, such as Executive and Senior Managers (see list of these occupations on our website). For example, an employee transferring from their parent company in China to an associated entity in Australia is an intra-company transfer. This transfer is also described in a trade agreement (ChAFTA) and necessitates a number of conditions, including stipulations on visa duration and labour market testing. As a result, the employee in this scenario is an 'intra-corporate transferee'. What is the difference between an independent executive and an intra-corporate transferee? Independent executives and intra-corporate transferees are treated as separate categories of entrant in trade agreements and are entitled to different visa treatments. The difference is that unlike intra-corporate transferees, independent executives will be managing a business in Australia that might not exist in Australia yet. That is, they are coming to Australia to establish a new branch of their company. Important:
If the nominee is NOT from China, Singapore or Thailand, a visa period of up to 4 years for STSOL occupations is only available if:
Yes – but only if the nominee is from Singapore and an intra-corporate transferee. What about Hong Kong (HK)? Passport holders from Hong Kong (HK) are only eligible for a visa period of up to four years for occupations on the STSOL where they are an intra-corporate transferee nominated as an Executive or Senior Manager. For a four year visa to be available, does the nominee have to continue to work for the overseas business? No – they can still be an intra-corporate transferee if they are working for a sponsor in Australia, who is an associated entity of the overseas business. Can you explain how ITOs are relevant in the context of caveats? Some caveats do not apply where the nominated position involves an intra-corporate transfer to which an ITO applies. For example, some caveats which require the nominated base salary to be at least a certain amount do not apply where the position involves an intra-corporate transfer to which an ITO applies. This effectively means that a caveat which references an ITO does not apply if the nominee is:
Source: Skilled Visa E-news September 2017
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Our consulting department has received the following document from the Department of Immigration and Border Protection. This provides additional information on changes to permanent skilled visa programmes that are in effect as of 1 July 2017: Source: Department of Immigration and Border Protection Strengthening the test for Australian citizenship
The Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) was introduced into Parliament on 15 June 2017. This is the next step in the process to implement the commitment made by the Australian Government on 20 April 2017, for citizenship applicants to pledge their allegiance to Australia and undertake to uphold Australian values and demonstrate their contribution to the Australian community. This Bill implements the commitment made by the Australian Government to strengthen the requirements for Australian citizenship and the integrity and effectiveness of the citizenship programme, providing a clear legislative framework to underpin the Government's policy. Underpinning a diverse and harmonious Australia is the security of our nation. The Government places the highest priority on the safety and security of all Australians. Recent terrorist attacks around the world have justifiably caused concern in the Australian community. The measures set out in this Bill are integral to Australia’s our future as a strong and successful multicultural nation, united by our allegiance to Australia and committed to freedom and prosperity. The 2015 National Consultation on Citizenship – Your Right, Your Responsibility indicated strong community support for strengthening the test for Australian citizenship. The Australian Government is strengthening the test for Australian citizenship in response to this consultation. The proposed changes are outlined in Strengthening the test for Australian Citizenship Source: Department of Immigration and Border Protection |
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