Will Aldous of TSS Immigration, a sponsor company at the marcus evans HR Summit 2014, on ensuring 457 Visa compliance.
1. What HR Directors Need to Know About Visa Compliance
As an example, when a sponsored
employee ceases to be employed by the
sponsor, the sponsor is obliged to notify
DIBP of this cessation. Although it does
not seem to be a critical event, some
sponsors have been sanctioned or
barred as a result of non compliance to
this obligation.
Interview with: Will
Director, TSS Immigration
Aldous,
There are several sponsorship obligations that organisations in Australia
must comply with to avoid sanctions or
disciplinary action from the Department
of Immigration and Border Protection,
but many companies do not have a
systematic process in place for ensuring
ongoing compliance, according to Will
Aldous, Director, TSS Immigration.
“They must first understand what is
required of the sponsoring business,
then put in systems and processes to
manage a visa-holding population, meet
and comply with ongoing obligations,
and be able to retrieve information
when required,” he says.
TSS Immigration is a sponsor company
at the marcus evans HR Summit
2014, in the Gold Coast, Queensland,
Australia, 31 March - 2 April.
What do Human Resources (HR)
directors in Australia need to know
about visa compliance?
When organisations sponsor employees
to work in Australia on a 457 Visa, they
have obligations to the Australian
Government. It is critical that the
sponsor knows and understands these
obligations.
There are several obligations for
organisations, one of these that is often
overlooked is the requirement to notify
DIBP when certain events occur.
These events can include: cessation of
employment of the sponsored employee, change to business structure,
etc.
Another example is that a 457 Visa
holder is sponsored for a particular
specified job. Nomination applications
are occupation-specific and include a
specific occupation code (ANZSCO),
which relates to particular tasks, duties
and responsibilities. If the visa holder’s
role in the company changes, he or she
should not start the new job until a new
nomination application is approved. In
some instances English language testing
or evidence of qualifications to
determine suitability for the new role
may be requested.
What mistakes does HR make that
ends up costing the organisation a
lot of money?
Inadequate record keeping. Often a HR
team lacks a systematic process for
managing the company’s visa-holding
population. A systematic process means
having a resource where all information
is kept centrally. It must be efficient to
use and contain details of critical dates,
and all associated documentation.
The HR team needs to put in fail-safe
measures. If the business is prepared,
then it will be able to have applications
lodged quicker resulting in faster
arrivals of overseas employees, and in
event of a DIBP request, provide
requested documentation within the
required timeframe.
Do companies use this programme
to bring in more qualified employees?
Many businesses use the 457 Visa
programme when experiencing difficulty
with the domestic skills shortage for
particular occupations. It is easier and
cheaper for businesses to employ
someone locally, however if a business
cannot find a person with the right skill
set, they can look to the overseas
market. The skills gap in Australia is
large, so many employers hire from
overseas on the 457 Visa. Multinational
companies also utilise the 457 programme, as they move people between
business units and into new markets. In
a global economy, organisations are
using the global labour market.
What trends should HR directors
prepare for? Are authorities
becoming stricter?
Compliance requests are increasing. HR
directors should be organised and
prepared for requests for evidence and
provision of records to DIBP when
required.
Over the course of the past 12 months,
we have seen how political sentiment
has driven some of Australia’s immigration policy changes. The 457 Visa
programme is designed to be demanddriven. If Australia’s unemployment rate
increases, we will most likely see the
457 sponsorship numbers drop within
DIBP statistics. However, the current
Minister for immigration, Scott Morrison
and his deputy Michaela Cash, have
reinforced their commitment to
supporting the 457 Visa regime to assist
businesses to meet discernible skill
gaps, which remain within the Australian labour market.
Organisation and
systemisation is
paramount when
operating in
the corporate
migration space
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About the HR Summit 2014
This unique forum will take place at the Surfers Paradise Marriott Resort & Spa, Gold
Coast, Queensland, Australia, 31 March - 2 April 2014. Offering much more than any
conference, exhibition or trade show, this exclusive meeting will bring together
esteemed industry thought leaders and solution providers to a highly focused and
interactive networking event. The Summit includes presentations on winning HR
strategies, the HR leader of the future, fostering a high-performance culture, and
achieving long-term success.
www.hranzsummit.com
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About TSS Immigration
We are a national service provider, and deliver immigration advice, processing, migration training, monitoring and compliance
services to some of Australia’s largest employers and many SMEs.
The staff at TSS Immigration have collective migration related experience totalling over 100 years. We are experts in Employer
Sponsored Migration.
Research and feedback from our long term client base tells us that our; personal service, accessibility, technology and expertise
sets us apart from our competition and provides dependable results.
www.tssimmigration.com.au
About marcus evans Summits
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To view the web version of this interview, please click here: www.hranzsummit.com/WillAldous