Immigration and citizenship
The Australian government provides numerous visas for those who want to come to Australia for various reasons.
Regulatory Framework
Migration Act 1958: outlines the rules and procedures related to migration, visas, and entry into Australia.
Migration Regulations 1994: provides detailed guidelines on visa categories, eligibility criteria, and application processes.
Judiciary Act 1903 (s 39B): establishes the jurisdiction of courts in migration-related matters.
Australian Citizenship Act 2007: governs the acquisition and loss of Australian citizenship.
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Visa options available in Australia to choose from for visiting and or migrating to Australia.
Visitor visas
Studying and training visas
Family and partner visas
Refugee and humanitarian visas
Other visas
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Working and skilled visas
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Business Innovation and Investment (permanent) visa (subclass 888)
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Business Innovation and Investment (provisional) visa (subclass 188)
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Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
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State or Territory Sponsored Business Owner visa (subclass 892)
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Temporary Work (International Relations) visa (subclass 403)
Need to apply for a visa and need legal advice?
For urgent assistance,
call 1300 140 291 or admin@wentworthlaw.com.au
We provide you with a professional migration visa and legal services at an reasonable cost.
We are one of the trusted lawyers practicing immigration law for individual visas and corporate visas.
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Corporate visa apply
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Personal visa apply
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Visa refused
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Visa cancelled
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Visa appeal
CONTACT US
1300 140 291 / admin@wentworthlaw.com.au
Level 10-11, 20 Martin Place, Sydney NSW 2000
© 2024 WENTWORTH IMMIGRATION LAWYERS
corporate immigration for expatraits
Visa for the company and its employees for Intra transfer purpose
Temporary skill shortage (subclass 482) visa — sponsorship, nomination, and application
From 18 March 2018 onwards, the TSS visa has replaced the 457 visa. The TSS is a principal visa program to sponsor foreign workers to fill skilled positions in Australia on a temporary basis.
3 steps to follow;
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application by an organization of or standard business sponsorship status
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nomination of the position to be filled by the applicant
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Individual visa application.
Once the sponsorship is approved, it is valid for generally 5 years.
Nomination and visa applications must be lodged each time the company is to sponsor a foreign worker.
Occupation lists
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Short-Term Skilled Occupation List: current short-term shortage – 12 or 24 months
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Medium to Long-Term Strategic Skills List - - high demand, high value to Australian economic growth, eligible for 4 year TSS visa with possibility of indefinite renewals and transition to PR through ENS
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Regional Occupation outside Sydney, Melbourne, and Brisbane, eligible for 4 years TSS visa with the possibility of indefinite renewals and transition to PR through RSMS
Caveats on occupations
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Nature of role/business setting for the role
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Nominated base salary
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Size and turnover of the nominating employer
Sponsorship criteria
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The employer must demonstrate no adverse information known to the business
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Indicate the number of TSS applicants the company proposes to nominate during the period approved by the sponsor and
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Must not recover transfer or take an action that would result in the sponsor paying costs to recruit, sponsor, or nominate employees
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Australian employers must demonstrate that:
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it is actively and lawfully operating in Australia;
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it attests in writing that it has a strong record of a demonstrated commitment to employing local labor and
non-discriminatory employment practices; and -
it declares in writing that it will not engage in discriminatory recruitment practices.
Overseas employers must demonstrate that:
it is an actively and lawfully operating business overseas and does not have operations in Australia;
it intends to send employees to Australia to either:
establish, or assist in the establishment of, business operations in Australia with overseas connections; or
fulfill, or assist in fulfilling a contractual obligation.
Nomination criteria
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Nominated occupation appears on occupation list
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If the nominated occupation appears on Regional Occupation List – regional area of Australia
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Annual market salary rate is met
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Remuneration paid to visa applicant/holder are greater than the Temporary Skilled Migration Income Threshold
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position nominated occupation is genuine, full-time
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Engaged as employee under written contract of employment
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Conducted labour market testing to confirm no suitably qualified or experienced Australian is able to fill position
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Certified in writing
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Position include significant majority of the tasks nominated in the ANZSCO occupation
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The position is with the sponsoring company
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The sponsored person has qualifications and experience aligned with ANZSCO
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No adverse information is known to the business
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Applications lodged on or after 12 August 2018, the nomination is accompanied with SAD levy
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Certified in writing in the nomination form whether or not to engage in conduct that contravenes of the Migration Act
Australian employer
The nominated position must be located in the sponsor’s business or an associated entity.
If the nominated occupation is on the list of occupations issued in legislative instrument to reg 2.72(13) (LIN 19/212 ), the individual can work as an independent contractor for a number of employers in addition to working for a sponsor. See Direct employment requirement and Working as a contractor on a TSS visa (below).
Overseas employer
The nominated position must be located in the business of the sponsor; or
If the nominated occupation is on the list of occupations issued under reg 2.72(13) (LIN 19/212 ), the individual can work as an independent contractor for a number of employers in addition to working for a sponsor. See Direct employment requirement and Working as a contractor on a TSS visa (below).
Skilling Australians fund levy (SAF)
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TSS nominations lodged on or after 12 August 2018, the nominator pay the applicable nomination training contribution charge and replaces the requirement for employers sponsoring a worker under 457/482 visa or worker under Direct Entry Stream 186 visa
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the equivalent of at least 2% of their business’ payroll in contributions to an industry training fund (training benchmark A); or
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the equivalent of at least 1% of their business’ payroll on the training of Australians (training benchmark B).
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for businesses that have an annual turnover of less than $10 million — $1200 per visa per year for each employee on a TSS visa; and
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for businesses that have an annual turnover of more than $10 million — $1800 per visa per year for each employee on a TSS visa.
Visa application
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if applying onshore, holds a substantive holds a substantive visa, or Bridging A (010) (BVA), Bridging B (020) (BVB) or Bridging C (030) (BVC) visa (note that as this is a Sch 1 criterion, it is a requirement to make a valid visa application);
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if applying onshore, has substantially complied with the conditions that apply or applied to the last substantive visa held and to any subsequent Bridging visas;
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has a genuine intention to perform the occupation
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has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subs 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act
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meets the English language requirement
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has skills required to perform the occupation
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has at least 2 years relevant work experience (or part-time equivalent) completed within the last 5 years.
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meets health, character and other Public Interest Criteria
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has adequate health insurance
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is of good character by providing a police record from each jurisdiction in which they have lived for 12 months or more in the 10 years prior to the application (since turning 16).
Need to apply for a visa and need legal advice?
For urgent assistance,
call 1300 140 291 or admin@wentworthlaw.com.au
We provide you with a professional migration visa and legal services at an reasonable cost.
We are one of the trusted lawyers practicing immigration law for individual visas and corporate visas.
-
Corporate visa apply
-
Personal visa apply
-
Visa refused
-
Visa cancelled
-
Visa appeal
CONTACT US
1300 140 291 / admin@wentworthlaw.com.au
Level 10-11, 20 Martin Place, Sydney NSW 2000
© 2024 WENTWORTH IMMIGRATION LAWYERS
Employer Nomination Scheme (ENS) - subclass 186 visa
ENS
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Employers seeking to fill a full-time position within their organisation on a permanent basis can nominate a skilled individual from overseas
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workers in Australia on a temporary basis for permanent residence
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once granted, individuals are allowed to stay in Australia indefinitely although are required to apply for Resident Return visa to travel to Australia following an initial period of 5 years
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ENS allows employers to nominate skilled individuals full-time within their business on a permanent basis
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Consists of 2 stages:
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a nomination application;
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an individual visa application
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There are 3 pathways within the visa program with different eligibility criteria and application
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Temporary Residence Transition; Temporary Residence Transition stream (TRT) — streamlined pathway for eligible subclass 457 visa holders transitioning to permanent residence.
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Direct Entry; Direct Entry stream (DE) — general pathway for individuals in Australia who do not qualify to apply under the TRT stream or who are applying from overseas
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Agreement streams: pathway for applicants sponsored by employers that have entered into a labour agreement with the Department of Home Affairs (the Department) to sponsor skilled workers for permanent residence. Labour agreements would generally be negotiated, where the nominated occupation is not included on the list of eligible occupations for the ENS or RSMS programs, or where further exemptions are required in relation to English language or the skill of the applicants.
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Application process
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Nomination stage – employer and the position being nominated
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Visa application stage – primary applicant for a visa and any family members included in the visa application
Nomination stage ENS
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Can only be lodged by Department website
Similarities between Temporary Residence Transition & Direct Entry
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As part of the nomination criteria, employer must:
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Actively and lawfully operating a business in Australia
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Offer full-time position for at least 2 years
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Position is listed on the Medium and Long-term Strategic Skills List
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Salary-related criteria met
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No adverse information known about business
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Record of compliance with the laws at workplace
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Applications after 12 August 2018 must have the Skills Australian Fund levy
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Temporary Residence Transition Stream additional criteria
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Nominee is a primary subclass 457 visa holder or primary subclass 482 visa holder in the medium-term stream and is nominated for the same 4-digit occupation group code as the occupation that was nomination on the visa
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The nominee employed full time in position which they hold a 457 visa for at least 3 years in the 4 years (Excluding unpaid leave)
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Genuine need for the nominator to employ the person as paid employee
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Nominating entity is current 457 or 482 sponsor
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The position in nominating entity or an associated entity
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Applications prior to 12 August 2018 – nominating entity has met the training requirements for business sponsorship, complied with sponsorship obligations related to training
Direct Entry Stream – additional criteria
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Paid employee in a position under the nominator’s direct control
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The business which is located is directly operated by nominator
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The nominated occupation appears on LIN19/049 and performed in Australia
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Applications prior to 12 August 2018 – the training benchmarks as prescribed were met
Agreement stream
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Nomination application that have been assessed in finalising the labour agreement
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No specific legislative criteria for a nomination under the agreement stream
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The nomination is administrative and is approved as matter of course
Application stage – ENS
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Must be lodged within 6 months of the date the nomination was approved
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The nomination application must be lodged before the visa application
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The applicant can be in or outside of Australia
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The primary applicant must declare in the application whether or not the applicant has made a combined application with the applicant engaged in conduct (this is a contravention of the Act)
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A payment for visa conduct declaration has been incorporated in the ENS/RSMS application forms
Common eligibility criteria
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Have not in the previous 3 years making the application, conduct in a contravention of subs 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Migration Act
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No adverse information known to the department
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They are eligible any mandatory licensing or registration at the time of visa application
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Meet the Character requirements and other Public Interest Criteria (PIC) and Special Return Criteria
Temporary Residence Transition stream - additional criteria
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The nomination has been approved in the Temporary Residence Transition Stream
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The applicant has not turned 45 unless exempt
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The applicant competent in English
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If required, is to perform skills necessary to the nominated occupation
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The health requirement is met
Employer-Sponsored Permanent Residence Program can be nominated by:
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an individual;
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a partnership;
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a body politic (Commonwealth and state/territory government departments and agencies, statutory authorities established under Commonwealth or state/territory legislation and other quasi-government organisations);
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a body corporate (companies incorporated under the Corporations Act 2001 (Cth) and associations incorporated under relevant state/territory legislation); or
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an unincorporated association.
Business entities may operate under a range of organizational or business structures including:
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sole trader;
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partnership;
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proprietary company;
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public company;
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government department;
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statutory authority; and
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not-for-profit organisations.
Active and lawful operation of business
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for an Australian Business Number (ABN);
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for Australian Company Number (ACN) or Australian Registered Body Number (ARBN) with the Australian Securities and Investment Commission (ASIC); and
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of the business (or trading) name.
Salary related
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applicants meet salary-related criteria
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subreg 2.72(15) and (16), which relate to meeting the Annual Market Salary Rate (AMSR) and Temporary Skilled Migration Income Threshold (TSMIT) in the TSS visa program.
Associated entity:
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the associate and the principal are related bodies corporate (that is one is a subsidiary of another or they are both subsidiaries of the same company);
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the principal controls the associate;
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the associate controls the principal, and the operations, resources or affairs of the principal are material to the associate;
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the associate has a qualifying investment in the principal, significant influence over the principal, and the interest is material to the associate; or
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an entity (the “third entity”) controls both the principal and the associate, and the operations, resources or affairs of the principal and the associate are both material to the third entity.
Skilling Australians Fund levy
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for ENS nominations lodge after 12 August 2018, the nominator must pay the applicable nomination training contribution charge (SAF) at the time of lodgement
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the nomination training contribution charge replaces requirements of:
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the equivalent of at least 2% of their business’ payroll in contributions to an industry training fund (training benchmark A); or
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the equivalent of at least 1% of their business’ payroll on the training of Australians (training benchmark B).
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the payment of the nomination training contribution charge offsets SAF
Adverse information
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immigration;
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discrimination;
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industrial relations;
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occupational health and safety; and
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taxation.
Need to apply for a visa and need legal advice?
For urgent assistance,
call 1300 140 291 or admin@wentworthlaw.com.au
We provide you with a professional migration visa and legal services at an reasonable cost.
We are one of the trusted lawyers practicing immigration law for individual visas and corporate visas.
-
Corporate visa apply
-
Personal visa apply
-
Visa refused
-
Visa cancelled
-
Visa appeal
CONTACT US
1300 140 291 / admin@wentworthlaw.com.au
Level 10-11, 20 Martin Place, Sydney NSW 2000
© 2024 WENTWORTH IMMIGRATION LAWYERS