Using business visas to build your business

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Using business visas to build your business

• Presenter Isobel Adams
• Date 16 May 2007

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Border Sovereignty
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(No Transcript)
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Skill Shortages
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Employing foreign nationalsa volatile time

• Industrial relations landscape
• Skill shortages
• Allegations of abuse of foreign employees (Labor
  Trade Unions campaign)
• Increase in numbers of 457 visas debate on 457
  program
• Increased compliance activities by DIAC
• High levels of individuals who overstay and seek
  to work or who seek to work in breach of visa
  conditions
• Employer sanctions relating to employment of
  foreign nationals

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Subclass 457 visa process

• Application for business sponsor status
• Nomination of position
• Personal application by applicant and dependents
• Issues
• size of sponsoring company
• base salary threshold (41,850 57,300 IT
  roles)
• occupational category

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Key Sponsorship Obligations

• Notification to DIAC departure changes to
  assignment
• Meet minimum salary requirements
• Pay all hospital medical costs
• Superannuation and taxation requirements
• Repatriation arrangements
• Ongoing monitoring requirements

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Temporary Business Entry - Australia
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Proposed Changes to 457 Program

• 457 assignees to be placed on Australian payroll
• 457 assignees paid in AUD for duration of their
  period in Australia
• Payment of staff to be made fortnightly
• Minimum language requirements on OHS grounds
• Schooling costs of dependants borne by employer
• Return airfare costs for employee dependants
  borne by employer
• Adjustment of 457 salaries to be made when
  Gazette Notice issued
• Possibility of labour market testing for lower
  skill threshold positions

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Other issues to consider

• Migration Amendment (Employer Sanctions) Bill
  2006
• Pressures to support applications for permanent
  residence
• Ensure employment contracts are clear and cover
  relevant immigration issues
• Appropriate use of short term business entry
• Changes to Graduate Skilled Migration category

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For further information contactMark
WrightPartnerFragomen GlobalT (02) 8224
8555M 0409 600 177E mwright_at_fragomen.com.au