Training Benchmark

The Australian workforce is important for the economy, however, sometimes there is a shortage of skilled personel. It is important that the migration and visa system in Australia supports the needs for the workforce. The Australian visa system has visa subclass 457 and Employer Nomination Scheme to allow people to work and live temporary & permanently in Australia.

In order for a business to sponsor a foreigner to work in the organization, the business needs to show to the Australian government that the organization is a good employer. "Good employer" from the Australian government's perspective is that the organization should employ more Australian workforce; Australian permanent resident or Australian citizen. At the same time the organization also needs to give the training to the Australian workforce as well. So that they are equipped with necessary skills and be more marketable in the workplace.

While training the Australian workforce is good for the organization in terms of the productivity. The Australian government needs employers to train its staff because business comes and goes. If one day business no longer continues its operation, at least its theAustralian workforce that is equipped with the necessary skills and be able to look for another job and so forth.

Therefore, in order for the business to sponsor its foreign worker, it needs to meet the training benchmark. Those businesses that have Australian workforce needs to spend at least 1% of its annual gross payroll in order for the business to meet the training benchmark set by the Department of Immigration and Border Protection (Department's name keeps on changing). And it is 2% for business that do not employ any Australian workforce. 

Those new businesses that trade less than 12 months needs to demonstrate the commitment to the staff training. It needs to submit the auditable business plan and the training plan. This can be done by showing the contract made with any training organizations; TAFE or private colleges...etc.

The employer also has the obligation to maintain the training benchmark throughout the time that the employer employs someone under visa subclass 457.

It is easy to meet the training benchmark, the employer needs to keep all records & receipts of the expenditures that relates to staff training. There is a great quantity of training that can be done online as well. So, it is more flexible and has various topics and fields that the employees can choose to be trained on.

So, before anyone plans to apply or sponsor someone for visa subclass 457 and ENS, please ensure that your organization meets the training benchmark requirement.

Having children with your Australian partner does not guarantee a permanent residence visa

Relationships are always a tricky trade for anyone. Sometimes things happen unexpectedly. In many occasions the relationship can break down, which is unfortunate.

Last Saturday I was listening to the ABC radio which contained a quite interesting discussion about a situation surrounding a Partner Visa. The visa applicant had a child with her Australian partner, but the relationship had broke down before she became a permanent residence. That lead to the unsuccessful acquisition of her permanent visa application, Partner Visa.

It is important for all visa applicants to know that under the Partner Visa category, in order for the visa applicants to successfully get his/her visa approved, the relationship needs to be long-term, genuine and continuing.

If the relationship has broke down, it will always result in a problem. Having kids with your partner, does not promise that you will get a permanent residence visa as the relationship is no longer continuing.

It will always be hard on the child, because if the child was born here in Australia, he/she is an Australian citizen and the government needs to look after and provide a social welfare for that child. 

At the moment, there is no visa category that lets an Australian citizen child sponsor his/her parent to get a permanent residence in Australia.

Things can get more complicated, if the visa applicant needs to return home and if that parent has the sole custody of the child, that means that the Australian citizen child will have to live in the foreign land, away from Australian grandparents...etc. It can be heart breaking for the family as well.

I'm not saying that people need to bear with unhappy relationships. However, it is important to know this information so that you can plan and deal with a situation and hopefully have less impact to your life and the child's future.

Partner Visa, relationship needs to be stable

For those people who want to apply for a Partner Visa, either by marriage or de facto ground (both same sex and opposite sex). It is important that the relationship is long-term, genuine and continuing.

If a relationship has just started, although it is genuine and continuing, if its not a long term one I personally suggest that both parties get to know each other and ensure that the relationship is going to be stable and long-term.

If the sponsor still has doubts about the visa applicant, for example:

• afraid that the visa applicant will have half of the property or half of the money if the relationship breaks down....etc..

If any of that type of thought comes to sponsor's mind, it is better that both parties sit down and talk things out.

If things didn't work out, it is better that both parties just walk away and do not proceed with a Partner Visa application. It will save lots of unnecessary headaches and each others time.

Check your visa conditions to see if you are eligible to apply visa onshore

Understand that many people come to Australia with different types and categories of visas. Eventually lots of people want to renew and extend their stay. In order for people to apply for another visa or renew their visa while they are in Australia (apply onshore), they need to ensure that their existing visa does not have any conditions that prohibit them to apply onshore.

Visa conditions 8503 is a "No further stay" condition. That means the visa applicants are not allowed to apply for another visa while they are in Australia. There are only a few exemptions!!

So, before you even think about applying for another visa, please check your visa grant notice whether or not you have that visa condition; 8503. It is easy to check.

If you don't know how to do that, please feel free to contact "J Migration Team", we love to help.