News

Updates to the occupation lists for temporary and permanent skilled visas will come into effect from 17 January 2018. This update follows the review conducted by the Department of Jobs and Small Business in late 2017.

A summary of the proposed changes can be found on the Department’s website. See – summary of 17 January 2018 changes to the lists of eligible skilled occupations.

These changes have been made to reflect the skills needs of the Australian labour market, and to continue to support Australian businesses to address skills shortages that they are unable to fill locally. The six-monthly review cycle of the occupation lists was established by the Australian Government in April 2017 to ensure that the occupations lists are responsive to changes in the Australian labour market, and align with the Australian Government’s policy that Australian workers have priority.

The changes will apply to applications made on or after 17 January 2018 and will not affect existing nominations or applications made prior to this date. In the case of points-tested visas, the changes will apply to invitations issued on or after 17 January 2018.

The Department of Jobs and Small Business review was informed by labour market analysis, feedback from employer and employee groups, and other government agencies.

A new regional occupations list is currently under development. This additional list will come into effect with the introduction of the new Temporary Skills Shortage (TSS) visa in March 2018 and will help ensure regional employers are well supported. In March 2018, the subclass 457 program will be closed and replaced by the new, more targeted TSS visa.

To avoid delays in Parent or Contributory Parent visa decisions, the Department of Home Affairs recommends Migration Agents representing visa applicants and their assurer submit complete, decision-ready Assurance of Support (AoS) claims to the Department of Human Services (DHS). Submitting an incomplete application will delay the processing of the AoS claim and consequently result in delays in finalising the associated visa application.
The Department of Human Services website contains information on how to become an assurer. See www.humanservices.gov.au/customer/services/centrelink/assurance-support

The following documentation is required to be provided with the AoS application:

• A completed ‘Application to provide an Assurance of Support’ form
• Department of Home Affairs letter to the visa applicant advising that an Assurance of Support is required
• Original documents to confirm identity of assurer. Read more about how you can confirm identity at: www.humanservices.gov.au/individuals/enablers/confirm-your-identity
• Evidence of income for the previous two financial years (i.e. Notice of Tax Assessment 2015-2016 and 2016-2017 or letter from the Australian Taxation Office)
• Evidence of ongoing income (e.g. two most recent consecutive payslips, or a letter from accountant, or a letter from employer, or a profit and loss statement, etc.)
• Proof of Australian citizenship or permanent residence (e.g. Australian Citizenship Certificate, Australian passport, foreign passport – with or without visa label)

More information is available on the Department of Human Services’ Assurance of Support page.

Clients may ask their RMA for advice on a variety of topics, including how to enter into the business, tax and superannuation (super) systems in Australia. The Australian Taxation Office (ATO) advises that for the most up to date information, you should direct your client to the relevant Government website detailed below, or to get into contact with a registered tax agent.

If your client has been asked to get an Australian Business Number (ABN) for a job, they should check if they qualify for an ABN before applying, as not everyone is entitled. If your client wants to find out more information, they should use the ABN entitlement tool.

To get an ABN, the individual must be carrying on a business or be in the process of setting up a business in Australia. Your client won’t need an ABN if they are an employee, for example working for a business that is not their own, or using the tools or equipment of an employer.

ABN holders have their own reporting obligations, including: lodging and declaring income, contributing to their own super and registering for GST where necessary.

Your client may also ask you if they’re entitled to super. You should direct them to the ATO’s Am I entitled to super tool to check if they’re eligible. Temporary residents may be able to claim their super as a departing Australia superannuation payment once they have left the country. They can check the requirements for making a claim at ato.gov.au/departaustralia

It is important to note, that only tax practitioners registered with the Tax Practitioners Board (TPB) can provide tax agent services for a fee or other reward.

More information about working in Australia, including how to apply for work visas and other useful information can be found on the Department of Home Affairs website. To find out more about what the ATO is doing to combat misuse of ABNs, visit the Australian Business Register website. Together, the ATO and the Department of Home Affairs are working to protect the rights of visa holders.

The Department provides advice on visa and border requirements for organisations and individuals managing conferences and events in Australia involving international participants and delegates, including any contractors/workers.

It is important for you to provide the Department’s International Event Coordinator Network (IECN) service with advance notice of events to allow them to provide timely advice to relevant parties associated with the event. The IECN service can help to ensure that your participants apply for the correct visas in time for their event.

The IECN can provide advice for the following types of events:
• Business or academic meetings, conferences and seminars
• Sporting tournaments, championships and games
• Trade shows, expos and fairs
• Cultural festivals
• Religious events.

The IECN will also refer you to the right area of the Department for advice on import and export requirements in relation to baggage, equipment and other goods for events.

Register your event as early as possible using the IECN Enquiry Form and email any enquiries to iecn.nsw@border.gov.au

Hiring legal foreign workers can be a beneficial process for Australian businesses. It encourages diversity, brings new skills to the marketplace, increases economic competiveness and stimulates rural and remote communities. With any business there are risks involved with employing new staff. When it comes to employing legal foreign workers the Department of Immigration and Border Protection can help to inform you how to go about legally hiring non-citizens.

Businesses are expected to take reasonable steps to ensure they are not hiring or referring illegal workers. Hiring an illegal worker can be costly. If you employ or refer a non-citizen who is not allowed to work, even if it is through a third party labour supplier or contractor, you may be liable for the following penalties:

• It’s easy to check whether your employees have the right to work in Australia. Visit VEVO
• For tips and resources about hiring foreign workers, including contractual clauses and exchange letters when using labour hire suppliers or contractors, visit Employing legal workers
• Foreign workers in Australia must be afforded minimum employee entitlements. The Fair Work Ombudsman has the Pay and Conditions Tool (PACT), which gives you information about pay rates, shift calculations, leave arrangements and entitlements and notice and redundancy entitlements. You can find the tool at calculate.fairwork.gov.au or call 13 13 94
• If you’re aware of an individual or agent who is organising illegal work in Australia, you can report them via the Immigration and Citizenship Online Report