Hammond Migration

Living and Working in Australia

Employer Nomination Process

Once we receive the completed questionnaires and documents from you:

  1. We will liaise with you on any questions we have based on the information and documents you have provided.
  2. We will prepare and draft the Employer Nomination application and provide the draft to you to review prior to lodgement.
  3. Once you have reviewed and approved the application it will be lodged with all supporting documents. We will then lodge your employee’s Subclass 186 permanent visa application.
  4. We will receive a decision on your Employer Nomination application or liaise with you should the Department request any further information or have any questions on your application.

Skilling Australians Fund levy

The Skilling Australians Fund (SAF) levy, also known as the Nomination Training Contribution Charge (NTCC) was implemented on 12 August 2018. The SAF levy legislation requires employers to pay a levy to the Commonwealth Government to be redistributed to support the training and education of Australian citizens and permanent residents in TAFE and other courses.

The levy is calculated based on the turnover of the business in the most recent completed financial year. It is payable in full at the time of lodging the Nomination. The levy amount is calculated as follows:

  • Turnover less than $10 million = $3000
  • Turnover greater than $10 million = $5000

Refunds of the SAF levy are available in limited circumstances and may occur in the following situations:

  • The Nomination and 186 Visa applications are approved, but the sponsored worker does not arrive in Australia or commence employment;
  • The Nomination is approved, but the 186 Visa is refused because the Visa Applicant does not satisfy health and character criteria.

Please note that refunds of the SAF levy are not available in the following circumstances:

  • Withdrawal or refusal of the Nomination (except where wrong occupation or stream specified);
  • Refusal of the 186 Visa application for reasons other than those related to health and character.

The levy must be paid by the sponsor/employer and cannot be passed to the Visa Applicant or visa holder.

Market Salary

If the business has another employee in the same position as the applicant (‘comparable employee’) and is being paid the same or a lesser wage, please provide the following:

  • Comparable employee’s employment contract;
  • Comparable employee’s recent payslip.

If the business does not have a comparable employee, please provide information about how the salary was determined. This may include:

  • Awards, Industrial instruments and agreements
  • Remuneration surveys
  • Job ads for similar positions
  • Advice from HR advisors or industry associations

New or Start-Up Businesses

A combination of the following documentation may be submitted, depending on the specific circumstances:

  • Detailed Business Plan;
  • Contract of Sale relating to the purchase of the business;
  • Lease agreement relating to business premises;
  • Evidence of lease or purchase of machinery, equipment, furniture etc;
  • Contracts to provide services;
  • Evidence of employment of staff;
  • Business Activity Statements (BAS) for each complete quarter from commencement of operations to date of lodgement;
  • Business bank statements covering the period of operation.

Payment for visas

It is now a criminal offence to pay for, or receive, a benefit for agreeing to sponsor someone for a visa. Civil penalties may also apply.

Confidentiality

Unless you state otherwise, all documents and information provided to us will be kept confidential and will not be disclosed to another party, unless our Professional Services Agreement expressly or impliedly authorises us to do so.

This may include disclosure to bodies such as the Department of Home Affairs for sponsorship, nomination or visa applications, the Australian Federal Police to obtain police clearances, Skills Assessment bodies for the purpose of obtaining a skills assessment, and so forth.

Where we assist in employer sponsored matters, we may disclose information and documents which would be common knowledge to the other party (for example, the employee’s contract of employment or international transfer letter, CV or position descriptions). In cases where there is uncertainty or potentially confidential information (such as health or character issues), we will confirm with the disclosing party prior to providing information to the other party.

Our assistance to you is subject to legal privilege however we may be required to disclose information where compelled to by the law, or required for insurance or ethical purposes. We will retain your information for a period of no less than 7 years as required by our legal and professional obligations. After this time, any physical or digital records will be destroyed.

Please note that the Department of Home Affairs privacy and disclosure policy permits information sharing between government agencies and, in some cases, 3rd parties. Any information provided to Home Affairs as part of your application may be used by the Department subject to their policy

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