THE MESSAGE. BRINGING INTO FOCUS FILIPINO PRESENCE IN AUSTRALIA
www.kalatas.com.au | Volume 5 Number 1 | October 2014
IMMIGRATION
Employer Nomination Scheme
(subclass 189)
A
Skilled worker on 457 visa who has
worked with
an employer
in Australia for two years can
apply for permanent residence under the Temporary Residence Transition stream of the
employer nomination scheme
or subclass 189 visa.
First step: The 457 visa
holder will approach the employer whether they are willing to employ him on a permanent basis as the first requirement under this stream is for
the employer to lodge a valid
nomination application.
The employer is required
to submit evidence that it is
lawfully operating a business in Australia. Evidence
under this heading includes
company registration certificate, compliance with ATO’s
business activity statement
(BAS), worker’s compensation, employment offer for a
full time job for at least two
years with market salary rate
set by law.
Second step: After the
nomination approval, the
IMMIGRATION
skilled worker applies for the
visa. The applicant under the
temporary residence transition stream must be under 50
unless he is exempt by reason
of his occupation like medical practitioner working in
the regional area for at least
four years or a senior academic nominated by an Australian university or a scientist,
researcher or technical officer nominated by the Australian scientific agency or those
working for the same employer for four years before filing
the application.
Additional requirement
includes passing a vocational English of at least 5 in all
four components of writing,
listening, speaking and reading of IELTS or a score of
“B” in an Occupational English Test (OET) taken within
three years of lodging the application.
No skills assessment is required under this stream as the
skilled worker is taken to have
demonstrated skills during his
457 work with the employer.
Registration or licensing is
however required in the State
ATTY. JESSIE
ICAO
[email protected]
where one will be working.
For example, if you are sponsored as a nurse, you need to
be registered as a nurse by
AHPRA.
Some important points to
consider under this stream:
If the nomination was approved under the Direct Entry stream, the visa applicant
cannot apply under the Temporary Residence Transition
Stream.
Once a nomination application has been approved,
there can be no substitution
of the person identified in the
nomination. In other words if
Charlene was nominated by
the company to work as an accountant, the employer cannot nominate John in visa
application.
The visa application must
be made within six months after approval of the nomination and provided further that
the nomination was not withdrawn by the employer.
There is also another
stream in subclass 189 called
Direct Entry Stream provided
you are nominated by an employer and you have never or
only worked briefly in Australia. Reader is advised to check
this stream if it applies to their
particular situation.
For those who require
immigration assistance, this
writer provides free initial advise and can be contacted on
0412269 439 or jessieicao1@
gmail.com.
Jessie Icao is a practising
solicitor in the State of New
South Wales and registered
migration agent since 1993
(MARN 9367993). He is
admitted as a lawyer in the
Philippines. The information
provided is of general nature
and cannot be relied in
its entirety. I suggest that
you consult a registered
migration agent or refer to
the relevant law.
09
Work visa scams.
Don’t pay the price
THE
Assistant Minister for
Immigration and Border Protection,
Senator the Hon. Michaelia Cash,
has recently launched a national
campaign to investigate allegations
of unauthorised payment to visa
sponsors in return for visas.
MINISTER Cash said although the overwhelming majority of people do the right
thing, it is a small minority
who don’t abide by their obligations or attempt to defraud
our migration programmes.
“Visa fraud is not acceptable and anyone who engages
in this type of behaviour will
face serious penalties,” Minister Cash said.
“The campaign will involve an initial assessment of
up to 100 visa sponsors who
are subject to allegations that
they have been in some way
connected to receiving payment for arranging sponsorship for individuals under the
457 visa programme.”
A public education component of the campaign Work visa
scams. Don’t pay the price will
further educate visa sponsors
about their obligations and remind visa holders of their rights
and responsibilities.
A business that sponsors
a visa holder under false pretences may also be committing
other offences, such as providing false or misleading information or engaging in misleading or deceptive conduct.
Visa holders who enter
into contrived employment
relationships for migration
purposes may also be guilty of
fraud related offences and/or
not meet immigration requirements, including the genuineness criterion.
For further information
visit the Work in Australia page on the department’s
website: www.immi.gov.au/
Work People with information about suspected immigration fraud are encouraged to
call the Immigration Dob-In
Line on 1800 009 623 or visit the department’s website:
www.immi.gov.au/Help/Pages/immigration-dob-in-service.aspx