COMPLIMENTARY IMMIGRATION ADVICE
R&CA works in association with Ian Singer (MARN 001947), Director of AustraliaMigrate Pty Ltd to assist R&CA members with immigration matters.
R&CA through their association with Ian Singer can provide you with the following assistance in all visa and sponsorship related matters:
- Provide free-of-charge initial advice on sponsorship, nomination visa application eligibility and processes including regulatory requirements, timing, and documentation;
- Help prepare and lodge business sponsorships, nominations and all visa applications; and
- Liaise with the Department of Home Affairs on your behalf regarding your application until a final decision is made.
All initial enquiries regarding immigration are free for members. For more information you can use the R&CA Immigration Hotline on 1300 722 878 or find out more here.
Let R&CA's Manager of Workplace Relations and Legal Policy Brendon Zhu take you through R&CA's Immigration service here.
|Subclass 482 - TSS|
|Sponsorship, nomination and visa application||$3,800 + GST|
|Only nomination and visa our fee||$3,500 + GST|
|Only nomination transfer||$1,750 + GST|
|Training Visas - subclass 407||$3,800 + GST|
|Permanent Residence Visas|
|a. Employer Nominated Sponsorship||$4,000 + GST|
|b. General Skilled Migration under the Points test||$4,500 + GST (189/190/491)|
All fees are based on 50% when we commence and 50% when the visa is granted.
HOW TO APPLY FOR A 482 VISA – PRACTICAL TIPS
The 482 visa application process involves three applications: sponsorship, nomination and visa application.
The core requirements are as follows but as these applications are underpinned by a lot of regulations and are expensive to lodge, we encourage you to contact us to assist you through this process.
- In order to sponsor overseas workers the employer must become an ‘approved standard business sponsor’ which requires lodging a Temporary Skilled Shortage visa sponsorship application with the Department of Home Affairs (DHA). If successful, sponsorship status will be granted to the employer for five years.
- The employer also lodges a ‘nomination application’ with DHA. In the nomination application the following must be addressed:
- Labour market Testing has to be carried out which is most commonly done through in 2 national reach job websites where the position has to be advertised for 28 days in the 4 months prior to the visa being lodged (for certain nationalities LMT is exempt);
- Position description from the TSS occupation List;
- Salary offered has to be shown to be market related;
- Statement as to why the position is needed, that is, why it is a genuine position;
- Organizational chart showing where the position fits in;
3. Visa application needs to include the following:
· Applicant has relevant qualifications/skills and experience for the position – at least 2 years post qualification experience is required;
· If not from a naturally English speaking country, will need to do an English Language test, such as IELTS or PTE;
· Police and medicals checks
MARKET SALARY RATE
At the nomination stage of all 482 visa applications, employers need to demonstrate that they intend to pay the nominated overseas worker the market salary rate. This means that employers need to demonstrate that the nominated overseas worker will be remunerated with the same terms and conditions of employment as are (or would be) provided to an Australian undertaking equivalent work in the same workplace at the same location.
Market rates include salary and any penalties, allowances leave provisions or other conditions provided by the employer, as long as they can be quantified up front.
As implied in the title, the market salary rate is not static but determined by what an employer would expect to have to offer an employee in order to attract and retain their skills in a competitive labour market.
The diversity of businesses in the hospitality sector means not all salary rates will be the same, even among the same occupation group. As with many recruitment situations, an employer can often expect to pay more remuneration for positions that require specialist skills or a greater degree of experience.
Other factors, such as the location of the business, can combine to determine market salary rate.
DEMONSTRATING THE MARKET SALARY RATE
As with all visa applications, employers who lodge 482 nomination applications are required to provide objective evidence to support the information they provide. With regard to the market salary rate, employers need to explain and demonstrate the business reasoning that has determined their decision to pay the salary that they have identified.
There are two ways for employers to demonstrate the market salary rate requirement:
- If there is an Australian citizen or permanent resident performing equivalent work in the sponsor’s workplace in the same location, the market salary rate is the wages and conditions that the employer currently provides to the Australian worker. These wages and conditions of employment may be set by an award, collective agreement or common law contract; OR
- If there are no Australian employees doing the same work in the sponsor’s workplace, the employer must use other means to identify the market rate. They may refer to an applicable award or agreement, or if necessary, to remuneration surveys, earnings data or copies of local job advertisements.
In some circumstances, it may be that there is no one singular of evidence that demonstrates the market salary rate. In such circumstances, employers should seek to provide a statement explaining the logic that has determined the salary rate identified and appropriate supporting evidence.
MARKET SALARY RATE AND TEMPORARY SKILLED MIGRATION INCOME THRESHOLD
The base rate of pay established under the market salary rate needs to be greater than the temporary skilled migration income threshold (TSMIT), which is currently $53,900 per annum plus superannuation.
It’s important for employers to note that the market salary rate, not the TSMIT, should determine what they pay their overseas worker.
When assessing nomination applications, case officers first establish that the proposed salary meets the market salary rate requirement.