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© 2018 by Alex Halim & Associates.

OVERSEAS 

BUSINESS

We help you obtain a visa for your expert personnel to setup Australian branch.

Australian Migration Law provides facility for Overseas businesses that is not already operating in Australia to send their expert personnel to setup Australian branch. 


The process requires the overseas business to have approval as an overseas business sponsor before it can nominate overseas worker(s) to fill the intended position(s). 


Once the nomination is approved, the overseas worker can apply for an Employer Sponsored Visa to link to this approved nomination.


We help the overseas businesses to obtain sponsorship approval, nomination approval, and the employer sponsored visa approval.

As an approved or accredited business sponsor, the following obligation must be met:

Cooperate with inspectors

 

The business must cooperate with inspectors appointed under the Migration Act 1958 (the Act) who are investigating whether:

  • A sponsorship obligation is being, or has been, complied with.

  • The business has hired an illegal worker.

  • There are other circumstances in which we could take administrative action.

 

This obligation:

  • starts on the day the sponsorship is approved or work agreement commences

  • ends five years after the day the approved sponsorship ends or work agreement ceases.

 

Cooperating with inspectors can include (but is not limited to):

  • Providing access to premises.

  • Producing and providing documents within the requested timeframe.

  • Not preventing or attempting to prevent access to a person who has custody of, or access to, a record or documents.

  • Providing officers with access to interview any person on their premises.

Ensure equivalent terms and conditions of employment


If the business is a standard business sponsor, the terms and conditions of employment for the person it has sponsored must be no less favourable than those it provides or would provide to an Australian performing equivalent work in the same location. Further, if the business is a standard business sponsor, the terms and conditions of employment for the person it has sponsored must be no less favourable than the terms and conditions the business advised it would be providing to the sponsored person at the time of the nomination.


This obligation does not apply to a sponsor if the annual earnings of their sponsored visa holder are equal to, or greater than AUD250,000.


If the business sponsors someone under a work agreement, it must ensure that the people it sponsors are paid the amount specified in the work agreement.


This obligation starts on the day (whichever is the earliest):

  • The person the business has sponsored is granted a subclass 457/482 visa.

  • The business nomination is approved (if they already hold a subclass 457/482 visa when the nomination was approved).

This obligation ends either:

  • On the day the sponsored visa holder stops working for the business, or

  • On the day they are granted a further visa other than another subclass 457/482 visa, or a bridging visa, a criminal justice visa, or an enforcement visa.

  • If the sponsored visa holder is granted another subclass 457/482 visa to continue to work for the business, this obligation continues.

Keep records


The business must keep records that show its compliance with its sponsorship obligations. All of the records must be kept in a reproducible format and some must be capable of verification by an independent person. Records that must be kept, in addition to records that must be kept under other Australian Government, and state or territory laws, include the following:

  • Written requests for payment of outward travel costs for a sponsored visa holder or their family, including when the request was received.

  • How the outward travel costs were paid for a sponsored visa holder or their family, how much was paid, for whom they were paid, and when they were paid.

  • Notifying Department of Home Affairs (DHA) of an event required to be reported to them, including the date and method of notification and where the notification was provided.

  • Tasks performed by the sponsored visa holder in relation to the nominated occupation and where the tasks were performed.

  • Money paid to the sponsored visa holder (unless the sponsored visa holder earns over AUD250,000).

  • Money applied or dealt with in any way on behalf of the sponsored visa holder or as the sponsored visa holder directed (unless the sponsored visa holder earns over AUD250,000).

  • Non-monetary benefits provided to the sponsored visa holder, including the agreed value and the time at which, or the period over which, those benefits were provided (unless the sponsored visa holder earns over AUD250,000).

  • If there is an equivalent worker in the business's workplace, a record of the terms and conditions that apply to the equivalent worker, including the period over which the terms and conditions applied (unless the sponsored visa holder earns over AUD250,000).

  • The written contract of employment each sponsored visa holder is engaged under.

  • If the business was lawfully operating a business in Australian at the time of its approval as a standard business sponsor or variation of the terms of its approval as a standard business sponsor—how the business is complying with the training obligation.

  • If the business is a party to a work agreement, the records required to be kept under the work agreement.

 

The obligation starts the day the sponsorship is approved, or work agreement begins.

 

This obligation ends two years after both of the following:

  • The business sponsorship or the work agreement ceases.

  • The business is no longer sponsoring anyone.

Provide records and information to the Minister


The business must provide records or information, if they are requested by a departmental officer that goes to determining whether:

  • A sponsorship obligation is being or has been complied with, and

  • Determining whether other circumstances, in which the Minister might take administrative action, exist or have existed, in the manner and timeframe requested by DHA.

 

DHA might ask the business in writing to provide records or information which relate to its sponsorship obligations, and any other matters that relate to its sponsorship of Subclass 457/482 visa holders. The business must provide the records or information requested if it is a record or information that:

  • The business is required to keep under Commonwealth, state or territory law.

  • The business has an obligation to keep as a sponsor.

 

This obligation starts to apply on the day the sponsorship is approved, or work agreement commences.

 

This obligation ends two years after:

  • The business's sponsorship or work agreement ceases

  • The business no longer has a sponsored visa holder.

Tell the department when certain events occur


The business must tell DHA in writing when certain events occur. Send the information by registered post or electronic mail to a specified address and within certain timeframes of the event occurring.
Examples of events include (but are not limited to):

  • A change to the business's address or contact details

  • The end or expected ending of a primary sponsored visa holder’s employment, program or activity

  • A change to the duties carried out by the primary sponsored visa holder.

  • This obligation starts to apply on the day the standard business sponsorship is approved, or the work agreement commences.

 

This obligation ends two years after:

  • The business's sponsorship or the work agreement ends, and

  • The business is no longer sponsoring anyone.

  • Changes or events that all sponsors must notify within 28 calendar days.

 

The business must notify the department within 28 calendar days if:

  • The sponsored visa holder’s employment ends or is expected to end (the sponsor must tell DHA if the end date changes).

  • There are changes to the work duties carried out by the sponsored visa holder.

  • The business is a standard business sponsor and there is a change to the information in the sponsorship application or the application to vary a term of sponsorship approval relating to the training requirement and the sponsor’s address and contact details.

  • If the business is a party to a work agreement and there is a change to the address and contact details or the training information provided in the work agreement.

  • The business has paid the return travel costs of a sponsored visa holder or any of their family members in accordance with the obligation to pay return travel costs.

  • The business has become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001.

  • The business ceases to exist as a legal entity.

 

If your business is a company  

 

A company must also notify the department of the following changes or events within 28 calendar days if:

  • A new director is appointed.

  • An administrator is appointed for the company under Part 5.3A of the Corporations Act 2001.

  • The company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001.

  • A court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001.

  • A court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001.

  • A court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001.

  • The property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001.

  • Procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001.

 

If you are an individual 

 

If you operate your business as an individual, you must also notify DHA of the following changes or events within 28 calendar days:

  • You enter into a personal insolvency agreement under Part X of the Bankruptcy Act 1966

  • You enter into a debt agreement under Part IX of the Bankruptcy Act 1966

  • A sequestration order is made against your estate under Part IV of the Bankruptcy Act 1966

  • You become a bankrupt by virtue of the presentation of a debtor’s petition under Part IV of the Bankruptcy Act 1966

  • You present a declaration of intention to present a debtor’s petition under Part IV of the Bankruptcy Act 1966

  • A composition or scheme of arrangement is presented in relation to you in accordance with Division 6 of Part IV of the Bankruptcy Act 1966.

 

If your business is a partnership

You must also notify the department of the following changes or events within 28 calendar days:

  • A new partner joins the partnership.

  • Any of the events listed for an individual or a company occurs.

  • If your business is an unincorporated association.

  • An unincorporated association must also notify us within 28 calendar days if:

  • A new member is appointed to the managing committee of the association.

  • Any of the events listed for an individual or a company occurs.