Work Visa Australia - Greenberg Australia -Services

Services

Our services include:

Establishing efficient client-friendly procedures to match your corporate culture,
Strategic corporate immigration policy development,
Compliance and audit services,
Global immigration document procurement and verification for visits, assignments, local hires and transfers,
Citizenship advice and assistance,
Tracking of expiry dates and notification for renewals,
Reporting and online case status review, and
Assistance with immigration reviews and appeals.

HOW MAY WE HELP YOU?
1. GLOBAL IMMIGRATION ASSISTANCE
2. SOLUTIONS FOR EMPLOYERS

I want to employ an overseas national in my business.
I want to sponsor my employee for permanent residence.
My organisation is being monitored by the Department of Immigration & Citizenship.
I want to integrate our visa services with our international mobility program.
I want to review our internal immigration arrangements.

3. SOLUTIONS FOR FOREIGN NATIONALS WANTING TO WORK IN AUSTRALIA OR VISIT FOR BUSINESS

I want to work for an employer in Australia.
I want to visit Australia for a short term business trip.
I want to apply for permanent residence in Australia.

1. GLOBAL IMMIGRATION ASSISTANCE

Greenberg Australia was established to fill a service delivery gap in the local corporate immigration marketplace. For too many years, there has been an absence of a real alternative to the existing range of corporate immigration service provider.

We offer our clients global reach delivered to you in Australia. Our global knowledge and expertise will be delivered at a cost that is sensitive to your needs and expectations. Immigration services have been integral to Greenberg for many years.

The Greenberg Global Immigration Network places a heavy emphasis on immigration specialist lawyers, and is regarded as one of the largest providers of its kind in the world.

The Greenberg Firm have established three global coordination hubs to manage the movement of our clients people worldwide, covering Europe, the Americas and the Asia Pacific.

Our AsiaPac Regional Coordination hub is located in Australia. The Greenberg Coordination Centre will be able to field local enquiries from clients involving immigration matters outbound from Australia, and as required have the matter dealt with by the relevant Greenberg Global Coordination Hub.

At all times, the Greenberg Account Manager would stay abreast of all matters, and would remain accountable to HR for the delivery of the service. This arrangement therefore lessens the impact on HR remotely managing global matters being handled by the Greenberg Global team, and ensures that you have available a local team of professionals in Australia to field routine enquiries and to ensure you are kept updated on work in progress.

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2. SOLUTIONS FOR EMPLOYERS

I WANT TO EMPLOY AN OVERSEAS NATIONAL IN MY BUSINESS

Temporary Business Entry (457) visa to Australia Process Overview  The Temporary Business Entry 457 visa is designed to facilitate business entry of individuals who would benefit Australia, and are seeking to remain in the country for a period of up to 4 years.

Essentially there are three steps involved in a visa application of this type:

The company must apply for sponsorship approval;
The company must nominate a position to be filled; and
The visa applicant must lodge a visa application.

STEP 1: Sponsorship Approval The sponsorship application process will involve an assessment of the company's status and their commitment to training Australian citizens and residents. In order to be approved as a sponsor, the company will need to meet the following requirements:

It is a lawfully and actively operating business. The business must be actually and actively engaged in business activities; or
It is an overseas business that will establish a business in Australia and/or will fulfill obligations for a contract or other business activity in Australia.
It has a commitment towards the training of Australian citizens. The Company must demonstrate that their Australian business operations have a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in their business operations. Businesses, which have been established for 12 months or more must show a record of training activities, as opposed to demonstrated commitment. The minimum requirements are as follows:
- The business must be able to evidence that they have spent at least 1% of gross payroll on training; or
- The business can make a payment of 2% of gross payroll into an industry training fund. Start-up companies need to evidence how they will meet these benchmarks.
There must be no adverse information about the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. Adverse information is relevant to a business’ suitability as an approved sponsor, when it occurred within the previous three years.
It agrees to abide by the relevant sponsorship undertakings. A list of the employer obligations with which the company must comply is set out on the DIAC website.
The business must also attest that they have a strong record of, or a demonstrated commitment to:
- Employing local labour; and
- Non-discriminatory labour practices.

STEP 2: Nomination of position to be filled
The purpose of this part of the application is to identify the position to be filled by the visa holder, and the skills and experience required for the position. When making a decision on the approval of the nomination application, DIAC will assess whether:

The position is for a role within the sponsoring business or a related entity, unless it is an exempted occupation;
The position is in relation to an approved occupation. A minimum skill level applies to all positions to be filled by overseas employees. DIAC will assess the nominated position according to gazetted occupational classifications in order to determine whether roles and responsibilities of the nominated position meet the skills threshold for the corresponding occupation;
The position meets equivalent terms and conditions of Australian employees and is remunerated at market salary rates. The position must be remunerated at least at the Temporary Skilled Migration Income Threshold (TSMIT) of $45,220 (current as at 14 September 2009). Please note that the TSMIT will be adjusted periodically in line with Australian Average Annual Earnings. Please also note that where the market rate is less that the TSMIT then the nomination cannot be approved.

STEP 3: Visa Application
The third and final step in the application process is the completion of the visa application on behalf of the applicant. However, where an applicant currently holds a 457 visa, they are no longer required to apply for a new visa to change employers, though the new employer is still required to nominate the relevant position to be filled by the visa holder.

In order for the visa to be granted, it must be demonstrated that the visa applicant:

has the skills, qualifications, experience and an employment background which match those required for the position;
meets English language requirements;
meets all necessary health and character requirements; and
holds the required level of private health insurance.

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I WANT TO SPONSOR MY EMPLOYEE FOR PERMANENT RESIDENCE

Australian permanent residents can:

live and work in Australia on a permanent basis
study in Australia at school or university
receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
access certain social security payments (subject to waiting periods)
be eligible for Australian citizenship (subject to the residency eligibility criteria)
sponsor people for permanent residence.

Permanent residence under the Employer Nomination Scheme
This visa allows an employee who holds an eligible visa (such as a 457 visa) and any dependent family members included in the visa application to live as permanent residents in Australia.

The application involves two stages:

Nomination of the position to be filled by employer in Australia; and
Visa application by employee and any accompanying dependent family members.

To be eligible for permanent residency under this visa, the employee must meet one of the following requirements:

have worked full-time in Australia in the nominated occupation on a qualifying temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
have been nominated to fill a highly paid senior executive position with a salary of more than AUD$165,000 per annum (excluding superannuation or allowances)
have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged.

Permanent residence under the Regional Sponsored Migration Scheme (RSMS)
The RSMS allows employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market. Any employer can participate in the scheme as long as their business and the position being filled is in an area covered under the RSMS.

The RSMS process consists of 3 distinct stages:

Stage 1: Certification of the nomination
Stage 2: Nomination by the employer
Stage 3: Nominee’s application for visa

The nomination must be lodged prior to, or at the same time as, the visa application.

Stage 1: Certification of the nomination
The nomination under the RSMS cannot be approved by the Department of Immigration & Citizenship unless it has been certified by a relevant Regional Certifying Body which has been gazetted by the Minister for Immigration and Citizenship.

The Regional Certifying Body will assess the nomination against the following criteria:

there is a need for a paid employee in the business that is actively and lawfully operating in regional Australia by the nominating employer;
the position is a genuine full-time vacancy;
that unless the nomination is ‘exceptional’ the position nominated requires the appointment of a person who has qualifications equivalent to at least Australian diploma level;
the position is available for at least 2 consecutive years; and
the employer is aware that a contract or letter of appointment between the employer and the nominee will need to be sighted by the Department of Immigration & Citizenship before the nominee’s visa can be granted.

Stage 2: Nomination by the employer
The completed and certified nomination form will be returned by the Regional Certifying Body to the employer or Greenberg Australia, as the employer’s representative.

Greenberg Australia will then prepare an application nominating the certified position for lodgement with the Department of Immigration and Citizenship for assessment. Concurrent with this process, Greenberg Australia will also prepare the nominee’s visa application. The decision on the nomination can be made before a suitable nominee is identified.

DIAC will assess the nomination to determine that:

the nomination has been correctly certified by a Regional Certifying Body;
the position complies with all relevant Australian standards and workplace legislation for wages and working conditions;
the position requires the appointment of a person who has qualifications equivalent to at least Australian diploma level (a Trade Certificate with full apprenticeship is accepted as equivalent to or higher than a diploma qualification); and
nothing adverse is known about the business background of the employer and that the employer has a satisfactory record of compliance with workplace relations laws.

If the nomination is approved, DIAC will advise the employer (or Greenberg Australia as the employer’s representative). The nominee must lodge their application for a visa within 6 months of the approval of the nomination.

Stage 3: Nominee’s application for visa
The visa application must be lodged at the same DIAC office as the corresponding nomination, even if the nominee is applying from outside Australia. Preferably, the nomination and the visa application would be lodged together.

The nominee has 6 months from the date of approval of the RSMS nomination to lodge their visa application with DIAC.

A decision on the application will be made on the basis of the information the nominee provides, and the legal requirements which apply at that time. If the nominee’s circumstances change in any way after they make their application, the nominee must advise DIAC of their new circumstances.

The visa application will be assessed by the department against the following:

the nominee has the relevant qualifications for the nominated position which are equivalent to at least an Australian diploma level (unless approved as ‘exceptional’);
that the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements;
that the position is for a fixed term of at least 2 years (supported by evidence of a contract or letter of appointment signed by both the employer and the nominee);
that the nominee is less than 45 years, unless approved as ‘exceptional’ (see below);
that the nominee has ‘functional’ English language ability, unless approved as ‘exceptional’; and
that the nominee and any family unit members meet mandatory health and character requirements.

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MY ORGANISATION IS BEING MONITORED BY THE DEPARTMENT OF IMMIGRATION & CITIZENSHIP

One of the key principles underpinning the subclass 457 visa program is to provide business with streamlined arrangements to enable the quick transfer of key personnel. This is, however, backed by robust monitoring measures to ensure the integrity of the program.

Greenberg Australia recognise that our clients have an obligation to ensure that they remain compliant with the company’s sponsorship obligations with respect to the employment of foreign nationals in Australia.

Often this simply involves human resources and line managers having access to information or tools to ensure compliance within the company. On other occasions it involves a more comprehensive audit of compliance, and the establishment of mechanisms aimed at assisting human resources practitioners with managing this complex area of company activity.

Greenberg have given this careful thought, and we have developed a suite of services and products aimed at assisting our clients to self assess, and to meet company obligations via online tools and reporting arrangements.

These types of arrangements are therefore structured in manner to avoid ongoing costs and fees associated with monitoring and compliance, and can be designed around how our clients’ business is structured and operates in Australia.

In the event that more comprehensive services and support are required, the Greenberg Account Team responsible for the client relationship in Australia will render the assistance. This translates to a more efficient level of support, advice and guidance, which is relevant to how our clients operate in Australia.

What does monitoring by DIAC involve?

The primary objective of the monitoring policy is to monitor compliance with relevant laws to preserve the integrity of the Australian labour market and ensure the conditions of overseas workers.

Department of Immigration & Citizenship (DIAC) monitoring officers ensure monitoring activities reflects the policy intention through comprehensive risk-based auditing of cases in line with universal enforcement principles.

Monitoring of sponsors includes a series of activities that DIAC monitoring staff undertake to ensure sponsorship undertakings are met. The different activities are:

education and awareness raising activities
conducting a desk audit using monitoring form
interview and site visits
referrals to other agencies and within DIAC
assessing whether a sponsor is complying with the undertakings and/or continues to meet the requirements to be an approved sponsor
determining the outcome of the process.

The types of information commonly requested and permitted under Migration Act include such documents as:

payslips or pay statements provided to the sponsored employees for the financial year, showing the gross and net salary/wage and details of any deductions made
record of hours worked during the specified period in the pay slips or pay statements
for deductions other than taxation, evidence of the sponsored employees’ agreement to those deductions, if applicable
if any sponsored employee is in receipt of workplace compensation:
record of payment made for an arrangement by which a nominated person paid the Minimum Salary Level (MSL) in specified circumstances and
record of the actual activities and duties performed by the sponsored employees specified in the covering letter during their period of employment
any record required by any law of the Commonwealth, State or Territory.

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I WANT TO INTEGRATE OUR VISA SERVICES WITH OUR INTERNATIONAL MOBILITY PROGRAM

The Australian Government introduced significant new laws to protect the rights of temporary overseas workers and ensure that Australian wages and conditions are not undermined.

A key provision in the new laws will enable the Australian Taxation Office (ATO) to disclose information to the Department of Immigration and Citizenship in order to ensure correct salary levels are being paid to visa holders.

In addition, information will be able to be shared with other enforcement bodies including the Fair Work Ombudsman and occupational health and safety agencies.

These laws are the culmination of a series of measures introduced by the Australian Government to maintain the integrity of the Temporary Business Entry 457 visa program.

The employment of foreign nationals now involves a complex inter-relationship between immigration law, as well as industrial relations and employment law.

All employers using the Australian immigration program must be aware of these issues, and ensure that you are fully conversant with the changes and have procedures in place to cope. Failure to comply will have serious financial and criminal consequences for your business.

The services offered by Greenberg Australia are structured to integrate with the wider international mobility requirements of our clients. In our experience, clients recognise the value of a high calibre corporate immigration provider, but struggle with the time and complexities involved in managing a separate immigration relationship. We have given this careful thought in structuring our relationship with our clients. Our services and support are structured in a manner to significantly lessen the time it will take human resources to manage this complex area, taking into account areas such as relocation and destination management, employment law, as well as expatriate taxation.

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I WANT TO REVIEW OUR INTERNAL IMMIGRATION ARRANGEMENTS

Greenberg Australia views the transition of a new client to our firm as an opportunity - an opportunity to enhance systems and processes, as well as an opportunity to benchmark best practices in local and global immigration services.

However, most importantly, this is an opportunity for Greenberg Australia to develop a thorough understanding of your needs, and how we can best tailor our services to your precise requirements.

The transition of an account to Greenberg Australia is an ideal time to thoroughly review a company’s systems and processes from an immigration perspective. This procedure equates to effectively being an internal audit of a company’s immigration systems.

At a time when company compliance is at the forefront of the Australian Government’s focus, it is extremely important that employers remain compliant with Australian immigration law and policy with respect to the employment of foreign nationals.

During the transition phase, Greenberg Australia will review your information systems, recruitment practices & systems, and compliance with sponsorship obligations. All care and attention is taken during the transition of a new client to Greenberg to ensure that all relevant matters are captured, and the transition form previous provider to Greenberg is a smooth and efficient exercise.

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3. SOLUTIONS FOR FOREIGN NATIONALS WANTING TO WORK IN AUSTRALIA OR VISIT FOR BUSINESS

I WANT TO WORK FOR AN EMPLOYER IN AUSTRALIA

Temporary Business Entry (457) visa to Australia

Process Overview 
The Temporary Business Entry 457 visa is designed to facilitate business entry of individuals who would benefit Australia, and are seeking to remain in the country for a period of up to 4 years.

Essentially there are three steps involved in a visa application of this type:

The company must apply for sponsorship approval;
The company must nominate a position to be filled; and
The visa applicant must lodge a visa application.

STEP 1: Sponsorship Approval
The sponsorship application process will involve an assessment of the company's status and their commitment to training Australian citizens and residents. In order to be approved as a sponsor, the company will need to meet the following requirements:

It is a lawfully and actively operating business. The business must be actually and actively engaged in business activities; or
It is an overseas business that will establish a business in Australia and/or will fulfill obligations for a contract or other business activity in Australia.
It has a commitment towards the training of Australian citizens. The Company must demonstrate that their Australian business operations have a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in their business operations. Businesses, which have been established for 12 months or more must show a record of training activities, as opposed to demonstrated commitment. The minimum requirements are as follows:
- The business must be able to evidence that they have spent at least 1% of gross payroll on training; or
- The business can make a payment of 2% of gross payroll into an industry training fund. Start-up companies need to evidence how they will meet these benchmarks.
There must be no adverse information about the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. Adverse information is relevant to a business’ suitability as an approved sponsor, when it occurred within the previous three years.
It agrees to abide by the relevant sponsorship undertakings. A list of the employer obligations with which the company must comply is set out on the DIAC website.
The business must also attest that they have a strong record of, or a demonstrated commitment to:
- Employing local labour; and
- Non-discriminatory labour practices.

The position is for a role within the sponsoring business or a related entity, unless it is an exempted occupation;
The position is in relation to an approved occupation. A minimum skill level applies to all positions to be filled by overseas employees. DIAC will assess the nominated position according to gazetted occupational classifications in order to determine whether roles and responsibilities of the nominated position meet the skills threshold for the corresponding occupation;
The position meets equivalent terms and conditions of Australian employees and is remunerated at market salary rates. The position must be remunerated at least at the Temporary Skilled Migration Income Threshold (TSMIT) of $45,220 (current as at 14 September 2009). Please note that the TSMIT will be adjusted periodically in line with Australian Average Annual Earnings. Please also note that where the market rate is less that the TSMIT then the nomination cannot be approved.

has the skills, qualifications, experience and an employment background which match those required for the position;
meets English language requirements;
meets all necessary health and character requirements; and
holds the required level of private health insurance.

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I WANT TO VISIT AUSTRALIA FOR A SHORT TERM BUSINESS TRIP

Persons who travel to Australia on a Business (Short Stay) Visa must ‘not intend to’ engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

In assessing this criterion, DIAC will consider:

whether any proposed work could be done by an Australian, or specialist advice from overseas is required
whether there is a shortage of similarly qualified individuals in Australian
whether an Australian should be trained up to do the proposed work over a longer period
whether there is time to train up an Australian to do the work required
any evidence provided by the applicant's proposed employer that they have tried unsuccessfully to hire an Australian to do the proposed work (for example, evidence of job search, training programs) and
whether the proposed work/activities are in Australia's interests.

If the foreign national’s stated intention in Australia is to work, then DIAC may wish to request additional information in order to satisfy themselves that the nature and duration of the applicant's proposed activities will not have adverse consequences as described above. Under policy, additional evidence will generally not be required to satisfy this provision where the applicant intends to undertake skilled work for less than 6 weeks, unless DIAC has concerns that the applicant's employer is trying to bypass the Australian labour market and the scrutiny of the Business (Long Stay) visa (subclass 457) program.

However, additional evidence would generally be requested where the applicant intends to undertake work at lower occupational levels or for a period longer than 6 weeks, given the greater risk that the applicant may be taking a job away from an Australian.

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I WANT TO APPLY FOR PERMANENT RESIDENCE IN AUSTRALIA

There are a variety of pathways to obtain permanent residence in Australia. The most appropriate pathway will depend on a variety of factors including:

the applicant’s age;
whether you have an Australian sponsor (eg: partner);
whether an employer in Australia is prepared to sponsor the application for permanent residence;
whether you intend to own or operate a business in Australia;
your work experience, or specialised skills obtained overseas;
whether you have formal qualifications, including any qualifications obtained in Australia; and
your English language skills.

As the most appropriate pathway to permanent residence will depend on the above factors and how they apply to you, we suggest that you contact your local Greenberg Advisor for a confidential no obligation consultation on the option best suited to achieve a positive outcome in your case.

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