How to stipulate the visa for foreign workers in Australia?

How is the visa for foreign workers in Australia stipulated? The Australian Immigration Department is responsible for drawing up plans

How to stipulate the visa for foreign workers in Australia?

How is the visa for foreign workers in Australia stipulated? The Australian Immigration Department is responsible for drawing up plans to introduce foreign workers, reviewing foreign workers and issuing work visas. The Immigration Department stipulates that if an Australian company or an overseas company cannot recruit the required labor force in Australia's domestic labor market, or cannot obtain the required labor force through its own training plan, and has to hire workers from overseas to work in Australia, the company can provide guarantees for foreign workers and apply for temporary business visas for foreign workers.

Who needs to work in Australia for 3 months? Foreign workers with four years can apply for a long-term temporary business visa, which is a 457 visa. Applying for this visa must go through three procedures:

-Guaranteed by the employing company;

-Nominated by the employing company;

-The nominee applies for a visa.

1. Guaranteed by an Australian company or an overseas company.

Foreign workers working in Australia must be sponsored by an employment company. Employers in Australia must obtain the guarantee qualification before the guarantee, and companies that can recruit foreign workers must be commercial guarantors recognized by the Australian Immigration Department.

There are two types of commercial guarantee qualifications:

-PQBS: Hire workers from overseas to work in Australia for two years, and the number is unlimited. Generally, large enterprises have this kind of guarantee qualification, which is valid for two years and can be extended every year.

-Standard Business Guarantee (SBS): Hire a certain number of people from overseas to work in Australia for one year. This guarantee qualification is valid for one year. If you want to re-employ, you need to re-apply for qualification certification.

Overseas companies that have not set up companies or offices in Australia cannot apply for the above two kinds of guarantee qualifications. However, overseas companies can hire foreign workers to work in Australia. The scope of work is: establishing branches, joint ventures, distribution agencies and affiliated institutions in Australia; Complete a contract or some business activities in Australia.

Overseas employment companies should fill in the form of guarantee qualification 1067 and nomination 1068, and complete all the requirements of the Australian Immigration Department for the guarantor. The qualification of overseas guarantor is the same as that of standard commercial guarantee (SBS), and it is valid for one year. If you want to re-employ, you need to re-apply for qualification certification.

When applying for the guarantee qualification to the Australian Immigration Department, the employing company must fill in the guarantee qualification examination form uniformly printed by the Immigration Department? Form 1067 and provide it to the immigration department:

-documents proving the good operation of the company (such as the latest financial report);

-documents proving that the employment of foreign workers by the company may bring benefits to Australia;

-Proof that the company is committed to training Australians or introducing new skills.

The Immigration Bureau shall examine and evaluate the applicant according to the materials provided by the applicant, and the contents of the examination shall include:

-the applicant is a legitimate enterprise in good operating condition, not the so-called? Paper company? Or? Shelf company? ;

-The applicant is the direct employer of foreign workers, not an employment agency, because the employing company will undertake the obligations of providing foreign workers with pension, tax payment, labor inspection and so on. If a large company has guarantee qualification, its subsidiaries can be direct employers;

-The applicant really has the ability to sponsor foreign workers and has no previous record of violating immigration laws;

-The employment of foreign workers by applicants can indeed bring benefits to the Australian economy, strengthen trade relations, ensure the employment of the Australian population, expand the development of Australian goods and services, improve the relationship between Australia and the international market, and enhance industrial competitiveness;

-The applicant has provided or promised to provide technical training to Australians to promote the popularization and improvement of new technologies and skills.

The Ministry of Immigration stipulates that the obligations of applicants to ensure foreign workers and their families are:

Salaries, taxes and pensions;

-Implementing the Australian Industrial Relations Act to ensure wages and working conditions;

-Appropriate arrangements for direct or indirect medical insurance;

-Ensure that sponsored foreign workers have legal work permits;

-If the sponsor stops working for the applicant, he must immediately notify the Immigration Department;

-Providing repatriation expenses for the insured and their families;

-Compliance with immigration regulations;

-Cooperate with the Immigration Department to supervise the insured;

-Cooperate with all audits related to the employment of foreign workers;

-Timely report to the Immigration Bureau any incident that affects the company's business and company guarantee.

In order to supervise the employment companies to fulfill their guarantee obligations, the Immigration Department requires the employment companies to provide the employment records of foreign workers to the Immigration Department on a regular basis. Immigration officials will also conduct field visits at any time. If the employment company fails to provide the employment records of foreign workers on time, fails to fulfill its various guarantee obligations, or provides wrong information, the Immigration Department will cancel the guarantee qualification of the employment company and the visas of foreign workers and their families.

2. Nominated by the employing company

After obtaining the qualification of commercial guarantee, the employment company shall submit the list of foreign workers, the salary standards and employment conditions provided for foreign workers, employment contracts and other documents to the Australian Immigration Department. Fill in the form 1068 required for nomination, and fill in the details of foreign workers and their families.

On this basis, the Immigration Bureau conducted a comprehensive audit, including:

-Whether the employer is qualified as a commercial guarantee or an overseas company;

-Whether the skills of foreign workers meet the minimum skills standards of the Immigration Department;

-Whether the wages of foreign workers reach the minimum wage standard.

In order to ensure that foreign workers are skilled workers, the Immigration Department hASCO formulated minimum skill standards, that is, only the occupations listed in the Australian Standard Classification of Occupations (abbreviated as Australian Standard) are the occupations that foreign workers can apply for. ASCO occupational list is established by the Immigration Department according to the labor market forecast issued by the Ministry of Employment and Industrial Relations, and adjusted at any time according to the changes of market supply and demand, increasing or decreasing occupational categories.

The ASCO list divides occupations into four categories: 1, managers and administrators; 2, professionals, 3, related professionals, 4, mechanics. When filling in the form 1068, the employer should fill in the occupation of foreign workers coming to Australia. If the occupation is not included in the ASCO list, the Immigration Bureau will not approve it.

In terms of wage standards, the Immigration Department stipulates that the wages of foreign workers shall not be lower than the minimum wage. June 2002 1 65438+1October1,the minimum annual salary announced by the Immigration Department is 35828 Australian dollars, which is equivalent to the average annual salary of Australian employees. This salary standard does not include: accommodation, entertainment, bonuses, kickbacks, travel holidays, medical insurance, transportation expenses, travel expenses, pensions and other non-wage benefits.

For employers in remote and sparsely populated areas, the Immigration Department will appropriately relax the requirements for minimum skills and minimum wages.

Third, the nominee applies for a visa.

Applicants and their families (spouse,/kloc-unmarried children under the age of 0/8) need to fill in the 1066 form when applying for a visa, and submit the vocational skills certificate and salary standard. The contents of the immigration examination of the applicant are:

-Whether the employer is qualified as a commercial guarantee or an overseas company;

-Whether the job applied for has been approved by the Immigration Department and there is a confirmation letter from the Immigration Department;

-Whether the applicant enjoys the due salary standard, skills and other qualities;

-Pass the medical examination;

-Comply with other relevant laws and regulations.

The Department of Immigration should assess the skills of the applicant to determine whether the applicant has the required skills and experience. If the job you are applying for is an occupation that requires registration or license, the applicant must provide relevant registration or license certificates. In addition, the Immigration Department will also vet the second applicant, that is, the dependant.

The Immigration Department has strict regulations on foreign workers changing their employers or jobs: after arriving in Australia, people with temporary long-term business visas can't lose their jobs, can't change their employers, can't do jobs different from the jobs they applied for, and can't work for others or find jobs for themselves while working for their employers.

If you want to change your employer, the visa holder must renew it for you, the new employer must be qualified for sponsorship, and the new job must be approved by the Immigration Bureau. If you only change jobs in your former employer's company, then the new job must also be approved by the immigration bureau. If the Immigration Bureau finds that foreign workers are unemployed or change jobs without the approval of the Immigration Bureau, their visas will be cancelled and employers will be punished.

The Australian Immigration Department specially reminds foreign workers to pay attention to their pensions. According to Australian regulations, employers generally pay 9% of employees' wages to pension funds or retirement savings accounts (RSA), at least until the earliest retirement age of employees (55 years old). Employees whose monthly salary is less than 450 Australian dollars, or over 70 years old, or under 18 years old, and who work less than 30 hours a week are excluded.

When working in Australia, foreign workers should know clearly whether the employer pays the pension in the name of the employee and record their own pension amount. Before you leave Australia, you should contact the pension fund to confirm whether you have a pension.

Four. Labor agreement

In case of special technical requirements or labor shortage, when the general commercial guarantee cannot be fully undertaken, the Australian government (represented by the Department of Immigration and the Department of Employment and Industrial Relations), employers (including trade associations and employers' associations) and other stakeholders (such as trade unions or professional associations) can jointly sign to hire foreign workers? Labor agreement? (Labor Agreement). The negotiation of signing a labor agreement is mainly aimed at some special circumstances. The term of validity of a labor agreement is generally 3 years.

Labor agreements must first guarantee employment opportunities and training opportunities for the Australian domestic population. Employers or trade associations that propose to hire foreign workers and are prepared to participate in the negotiation of labor agreements must submit relevant reports to the Australian Immigration Department, including:

-background information of the employing company;

-Background information on the employment sector;

-Professional and technical materials of employed foreign workers;

-Strive to recruit employees in the Australian domestic market;

-Previous training records of the employer;

-Special reasons for signing the labor agreement.

After the labor agreement is signed, the employer may nominate and the nominee may apply for a visa.

For more information about visas to go abroad, please click on the relevant links.

Myth 2:? A living passport? Be sure to use it. It is generally believed that before applying for a study visa in Britain, the United States and other countries, if you have a successful entry and exit record in Japan, South Korea, Singapore and other third countries, you should put your passport? Live broadcast? ,? A living passport? It will certainly be helpful to re-apply for visas from Japan, South Korea and other countries in the future. But countries like Britain and the United States will not take visas from other countries as a reference.

Myth 3: I have experience in studying abroad, but I want to apply for a third-country visa transfer abroad. If there is no sufficient real reason, the practice of applying for a third country visa in other countries will be puzzling and basically will not succeed, because according to the main visa laws and regulations in western countries, you should usually go back to your own country to apply for a new study visa.

(omitted)