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Showing posts with label Labour Agreement. Show all posts
Showing posts with label Labour Agreement. Show all posts

Tuesday, 14 July 2015

Ministers of Religion - Labour agreements (Australian visa changes)


Legislative changes came into effect on 1 July 2015 which will limit nominations for permanent visas for Minister of Religion (ANZSCO 272211) to the Agreement Stream of the Employer Nomination Scheme (Subclass 186 visa). The Department would like to clarify the impact of these legislative changes.


From 1 July 2015:


  • Employer nominations for Minister of Religion occupation for the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187 visa) can no longer be lodged. Minister of Religion is not an eligible occupation for sub-subparagraph 5.19(4)(h)(ii)(D) of the Regulations as specified by legislative instrument IMMI 15/083.
  • Nominations by a standard business sponsor for Temporary Work (Skilled) Subclass 457 visa cannot be for a Minister of Religion as this occupation is not an eligible occupation for paragraph 2.72(10)(aa) of the Regulations as specified by IMMI 15/092
  • Visa applications can be lodged for Minister of Religion for Direct Entry or Temporary Residence Transition stream if the linked nomination was lodged and approved prior to 1 July 2015, and if the linked nomination was lodged prior to 1 July 2015 and then subsequently approved on or after 1 July 2015.
  • All visa applicants nominated as Minister of Religion will no longer be eligible for the age, skill and English language exemptions previously available prior to 1 July 2015 under Legislative Instruments IMMI 13/059, IMMI 12/060 and IMMI 12/059. Class of persons exempt from age, skill and English requirements is specified as per legislative instrument IMMI 15/083 for all visa applications lodged from 1 July 2015.
  • Employer nominations for the Temporary Residence Transition stream, Regulation 5.19(3), are possible if applicants are an existing Subclass 457 visa holder who was granted the Subclass 457 visa prior to 1 July 2015 on the basis of satisfying subclause 457.223(4) of the Regulations and whose occupation is Minister of Religion.
The Department acknowledges that there are still Ministers of Religion who are Subclass 457 visa holders in Australia. An individual letter will be sent to these Subclass 457 visa holders in relation to these changes.

Sunday, 1 June 2014

Corporate Immigration Services


Nevett Ford Corporate Immigration provides a range of services designed to support business users of the 457 Visa Programme and other temporary and permanent employer sponsored visas. These services include applying for Business Sponsorship, establishing systems and processes to meet the Sponsorship Obligations, audit, compliance, risk management, training and advisory services and assistance negotiation and preparing on-hire labour agreement submissions.

We can also liaise with the Department of Immigration on behalf of businesses in relation to requests for information, monitoring activities, ‘Notices of Intention to Take Action’ or other requests.

Business Sponsorships

Nevett Ford can assist your business to apply for Business Sponsorship approval with the Department of Immigration.

Becoming a sponsor is the first step to engaging overseas staff to work in Australia. In order to become registered as a sponsor, businesses must meet a number of criteria and agree to meet certain obligations for the duration of their sponsorship and beyond.

Our experienced team can advise on the Sponsorship Obligations your business must meet as a sponsor and provide expert assistance in establishing the necessary systems to manage the process.

Employer Sponsored Visas

Nevett Ford specialises in the delivery of all aspects of Employer Sponsored migration including Temporary Work (Skilled) Subclass 457 visas, Employer Nomination Scheme 186 Permanent Residency, and Regional Skilled Migration Scheme 187 Permanent Residency visas.

Compliance

We can provide guidance on how to ensure your business is complying with the on-going Sponsor Obligations which are imposed on all 457 Business Sponsors. Our experienced immigration lawyers who are all registered migration agents have conducted audits and reviews for numerous national and international businesses to ensure full compliance with immigration laws and regulations.

Training

We can provide tailored training on all aspects of Australian Immigration to meet your business needs. We can deliver training programs for Human Resource staff, line managers and visa holders. Nevett Ford Immigration is able to deliver face-to-face and online training programs to meet your business’s needs.

Risk Management

Our immigration lawyers can provide industry best-practice guidance on how to manage risk in the use of all Employer Sponsored visa programs. Our legal expertise and experience means that we have the knowledge to help your business identify and effectively manage all aspects of risk associated with use of the 457 visa program and other visa matters.

Audit

We provide Audit services for employers to ensure that all aspects of the ‘Business Sponsorship Obligations’ are being met, identify and advise on potential breaches and liaise with the Department of Immigration on behalf of the business where necessary.

Nevett Ford Immigration can complete one-off or regular audits of the visa holder population to minimise risk and eliminate potential issues.

Advisory services including Immigration Program Process Design & Improvement

Our extensive experience with a wide range of employers means that we can review your business’s Immigration policies and systems and ensure you comply with industry best practice. We can also provide employment law advice. Alternatively, for businesses accessing the immigration program for the first time we can prepare policies and systems to manage risk and meet the relevant obligations.

On-hire Labour Agreements

An on-hire labour agreement (OHLA) is a formal arrangement negotiated between an on-hire business (sometimes known as a labour hire business) and the Australian Government. It allows the business to recruit skilled overseas workers on a temporary basis on Subclass 457 visas for occupations approved under the agreement and then on-hire them to an end-user employer. Nevett Ford has extensive experience in this specialised area.

Employers requesting an OHLA are required to provide a comprehensive submission to the Australian Government, represented by the Department of Immigration. Nevett Ford can assist your business in preparing suitable submissions as well as advise you on the extensive supporting documentation that must be provided.

Businesses seeking access to an OHLA must only nominate occupations that are currently listed on the Consolidated Sponsored Occupations List (CSOL). They will also need to provide compelling and concrete evidence that there is genuine and significant demand for the nominated occupations and that this demand cannot be met from within the Australian labour market. The number of skilled overseas workers requested under the OHLA should represent a minor proportion of the business’ workforce.  The input of stakeholders in your industry is of key importance. Stakeholder consultation is a mandatory part of the labour agreement negotiation process and the Department of Immigration recommends that this is initiated as early as possible in the process of seeking access to overseas skilled workers.

Thursday, 12 December 2013

Who can get an Enterprise Migration Agreement (EMA)?


Who can get an Enterprise Migration Agreement?

Enterprise Migration Agreements (EMAs) are available to resources projects with capital expenditure of more than two ($2b) billion dollars and a peak workforce of more than 1500 workers.

To be approved for an EMA, projects need to develop a comprehensive training plan, demonstrating how the project will invest in the up-skilling of Australians to meet future skill needs in the resources sector. This plan will need to set measurable targets for training that develops skills in occupations where there are known or anticipated shortages.

Labour from outside Australia will only be supplementary, with resources projects required to demonstrate effective, genuine and ongoing local Australian recruitment efforts.

What is the benefit of an Enterprise Migration Agreement?

Rather than each sub-contractor having to negotiate their own labour agreement, the bulk of negotiation occurs with the project owner. This means project owners can plan their workforce needs from the outset, and sub-contractors can sign up to an individual labour agreement.

The Department of Immigration & Border Protection (DIBP) says that it aims to negotiate agreements within three (3) months from the time a project owner submits a complete request for an EMA. Labour agreements and visa applications associated with an EMA will be subject to expedited processing.

Under an EMA, occupations that are not eligible for standard migration programs can be sponsored, provided the project can justify a genuine need that cannot be met from the Australian labour market. This will be critical for resources projects, particularly during the construction phase.
 
Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.auor by telephone: +61 3 9614 7111 if you require any advice or assistance.


What is a Labour Agreement?


Labour agreements are formal arrangements between an employer and the Commonwealth which lets an employer recruit an agreed number of skilled workers from outside Australia.

Labour agreements are formal arrangements between an employer and the Commonwealth which lets an employer recruit an agreed number of skilled workers from outside Australia.

A labour agreement can take about six months to be negotiated. It comes into effect when it has been signed by all parties involved in the negotiations.

The agreement must:
  • identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers
  • specify the number of skilled workers needed from outside Australia
  • the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.
You can use a template labour agreement if there is one for your industry or your worker’s occupation. If the template does not suit your needs you can negotiate an individual agreement.
A good quality labour agreement can take four to six months to finalise. A labour agreement is typically valid for three years.

- Ryan Curtis-Griffiths, Director Nevett Ford Lawyers (immigration lawyer & registered migration agent)