Purpose
The purpose of this policy is to clarify immigration and visa issues involved in appointing employees from overseas. Staff should also refer to the organisation ‘Staff Recruitment and Selection Policy and Procedures’ and ‘Travel Expenses and Relocation Allowance Policy’ in the context of these arrangements.
Scope
This policy applies to continue, fixed term and visiting engagement to our company made from overseas.
Approval
Appointment of employees from overseas must be approved in accordance with our company’s Staffing Delegations as approved by the CEO.
Mid-Term Appointments
Where recruitment from overseas is likely, and the position is between twelve months and three years in duration, the organisational unit concerned should contact the staff of the Human Resources prior to commencing recruitment action.
Employer Nomination and Permanent Residence
Our company may nominate appointees from overseas for a permanent residence where they have been appointed to a full-time position of three years or more at the organisation.
Visas and Sponsorship
Our company may provide visa sponsorship for persons appointed from overseas to full-time remunerated positions of six months or more. Visas must be arranged before an appointee departs from overseas for Australia. A person appointed from within Australia must obtain visa clearance before commencing employment.
To nominate an employee for a TSS visa, a business must demonstrate that they have tested the labour market. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, two advertisements placed within the last 4 months for a minimum period of 28 days will be acceptable, however, there are instances when this will not be sufficient, and alternative evidence is required. Further, there are exemptions to this requirement in some instances. Employers are encouraged to seek professional advice to ensure that the labour market testing provisions are met.
Employer Nomination Scheme
The Employer Nomination Scheme allows our company to recruit, on a permanent basis, staff from overseas or temporary residents currently in Australia, when they have been unable to fill a ‘highly skilled’ position from within the Australian labour market or through its own training programs. The Employer Nomination Scheme consists of two stages which are:
- nomination by an employer
- nominee’s application for a visa
Our company may make employer nominations for staff who have been offered an appointment to a continuing position or to a fixed term contract of three years or more. The staff of Human Resources submit the employer nomination under the Employer Nomination Scheme on receipt of the acceptance of an offer of an appointment made to an applicant from overseas.
Sponsorship
Our company may sponsor, for temporary residence, persons who are offered remunerated, full-time, fixed-term contracts of employment with the company. The staff of Human Resources lodge the appropriate documentation with DIMIA, together with the required fee. If all criteria are met, DIMIA advises the appropriate Embassy or Consulate which authorises the issue of a visa, subject to normal migration checks.
Health Cover
The Manager of Human Resources should be aware that our company makes certain undertakings in respect of temporary residence sponsorships for new appointees and visitors. For example, our company may be responsible for health costs or repatriation should a health problem occur. Appointees are required to have medical insurance, either through their own country, through Medicare or through private insurance. Visiting employees on TSS visas are not eligible for Medicare benefits unless their country of residence has reciprocal rights. Appointees from overseas must provide evidence that they possess appropriate medical insurance prior to commencing employment with our company.
Taxation
Salaries are subject to Australian taxation, subject to the TFN declaration submitted by the appointee or other ATO advice. The terms of other arrangements, such as double taxation agreements vary between countries and appointees should ascertain the situation in their country of origin prior to accepting an offer.
Further Information
Further information regarding requirements of the Department of Immigration and Multicultural and Indigenous Affairs may be found at www.immi.gov.au
Documentation
- https://www.tssimmigration.com.au/services/detail/standard-business-sponsorship-sbs/