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Minister Cash has a new challenge – 457

Again and again there is discussion about streamlining and monitoring on 457 visas. This time there is a new idea to link ATO with DIBP to make sure employees are paid correctly. "The Government will introduce a new penalty making it unlawful for sponsors to receive payment in return for sponsoring a worker for a 457 visa," Minister Cash said. "The Department of Immigration and Border Protection will work collaboratively with the Australian Taxation Office to cross check records to ensure that workers on 457 visas are receiving their nominated salary and are not undercutting Australian workers. Further, we will proactively prosecute and name and shame offenders exploiting overseas workers and misusing the programme." The Government will ensure businesses that...

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Labour Agreement, what is it and is it worth to have it?

Labour Agreement is an agreement made directly between the Government and a company; which allows that approved company to sponsor employees from overseas. This agreement is similar to a 457 sponsorship, in that it is an alternative to business sponsorship. The roles accepted must be on the CSOL list of approved roles. The labour agreement is beneficial to large organisations, which have a large workforce as it allows a company to sponsor a several employees for the same role, such as management. They do not have the same requirements as a 457 sponsorship to prove that the position is needed and candidate is suitable. Nomination requires the sponsor to pay the cost of nomination for each employee and generally will...

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Do you think we are a pain? Well, we are and actually proud of it ;-)

Throughout our work, some could accuse us of being nit-picky and pedantic when it comes to documents. However, there is a reason for this. While some agents are happy to take whatever their clients give to them, we scrutinise and analyse everything. This is because our clients have paid us to represent them in the visa process – we won’t take the risk of glossing over incomplete or inconclusive documents resulting in refusal. This makes the job twice as difficult and time consuming for us and our clients. We are proud that we question and scrutinise everything we are presented with; it gets results. Last week, we had a sponsor provide us with several financial and registration documents for their...

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457 Visa Monitoring doesn’t have to be scary

Monitoring is a process that the Department of Immigration and Border Protection (DIBP) to check whether companies are compliant with the conditions of 457 Sponsorship. They check, the wage of nominated employees, their tasks and duties are in line with what they were intended to do in their employment contract and whether or not the companies are reporting the right things to the Department, such as changes in the company or ownership. The DIBP often turn up at these businesses to conduct these checks and monitor the businesses compliance. One of our cases last year could have ended really badly. If a company is found to be in breach of their sponsorship obligations they can lose their sponsorship rights, incur...

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Immigration Department – 13 18 81 should we call it the “To-Hell-Line”

Often people have questions about the status of their visa, whether it is a pending application or a query about a new application. The most logical place people look for answers is with the Department of Immigration and Border Protection. However, many people are left more confused after calling their 131 881 helpline, a helpline that is set up to assist but does the exact opposite. So many cases end in people being given the wrong advice. The advice that they give is all GENERAL, what they tell you over the phone has no relation to your situation, possibilities or genuine chances at visa success. One of our real life Examples: A man went to another Migration Agent to lodge...

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Issues with 457 compliance – Don’t make other peoples mistakes

The 457 visa is a Temporary Skilled Work visa, allowing the nominated individual to work in Australia for up to 4 years for a sponsor. The sponsor is their employer, who pays a fee to Immigration to keep an overseas worker working for them. This is generally beneficial if the employer can’t find a suitably skilled Australian. After the 4 years the employee may have the option to transition to a permanent visa. However, recently there have been many problems with visa holders and employers not honouring the conditions of the 457 visa. Unpaid Leave – In order to get approved for a 457 visa, the employer and employee must agree in a contract the amount they will be paid...

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