INSZoom Immigration Conference 2017 - Devil in the details: Global immigration updates

Day 2 : Global Immigration Conference
Devil in the details:
Global immigration updates

GLOBAL IMMIGRATION TRENDS
GLOBAL FIGHT FOR TECH
TALENT
PRESENTATIO
NAGENDA GLOBAL IMMIGRATION UPDATES

TOP FIVE MOST CHALLENGING
DESTINATIONS IN TERMS OF RISK
CHINA
BRAZIL
RUSSIA
INDIA
NIGERIA
Source: FEM, “Policy in Practice 2017”
• Financial risk – 33.6%
• Operational risk – 26.2%
• Safety - 20.8%
• Reputational 19.5%

Which single risk is the greatest concern for your
organization?
Reputational Safety Financial Operational
19.5%26.2%
33.6%
20.8%
• Financial risk: Tax and social security related
risks and the threat of fines or litigation over
non-compliance, or loss of revenue due to poor
business decisions or events beyond a business’
control
• Operational risk: The kinds of problem that
result from breakdowns in internal procedures,
systems and people
• Safety (20.8%) was the third biggest concern,
but reputational risk followed closely behind at
19.5%

Other
Personal Security
Social Security
Employment Law
Tax
Immigration
What are the three most challenging compliance issues
when you send assignees overseas?
6.1%
79.6%
82.3%
49.0%
44.2%
24.5%

Other
Criminal proceedings
Loss of contracts
Business risk
Deportation
Financial Penalties
Reputational Risk
What are the most significant implications of non-
compliance for your organization/assignees?
2.0%
25.2%
35.4%
30.6%
72.1%
76.2%
74.8%

Other
No formal system in place
Individual traveler's responsibility
Checks are outsourced
Internal checks
61
37
57
How does your organization ensure that all business travelers have the correct visa?
Yes No Don’t know Other
10
18
45
62
21
7
In your opinion, are the checks
sufficient to ensure compliance in
all cases?

The United States is
slated to face a
shortage of more
than 1.1 million
STEM workers by
2024

#1 Canada (32%)
#2 Germany (12%)
#3 Asia (10%)
#4 Australia (10%)

Source: Deloitte, “Global Immigration Study,” 2016
PROCESSING TIME (INCLUDING PREPARATORY WORK)

CHINA SOUTH
AFRICAM VISA
(BUSINESS VISA)
CRITERIA:
May be used for certain work activities, as long as no
salary is paid within China such as:
1. Repair, installation, adjustment, disassembly, or
training in connection with a purchase of equipment or
machinery
2. Instruction, supervision, or inspection of a project in
China that has won a bid, or
3. Intra-company transfer to a branch office, subsidiary,
or representative office in China
DURATION:
Stay up to 90 days.
SHORT TERM WORK
VISITOR’S VISA,
SECTION 11(2)
CRITERIA:
Must be sponsored by an entity in South
Africa and the work to be carried out must
be temporary and in connection with a
particular project
DURATION:
Stay up to 90 days.

MEXICO PERU
VISITOR VISA WITHOUT
REMUNERATED
ACTIVITIES
CRITERIA:
Foreign nationals may travel to Mexico on a
Visitor Visa to perform work related activities
as long as the salary received is outside of
Mexico.
DURATION:
Stay up to 180 days.
BUSINESS VISA
CRITERIA:
Foreign nationals may travel to Peru on a
business visa to provide short-term
specialized technical assistance to Peruvian
companies.
DURATION:
Stay up to 183 days within a 12 month
period.

CANADA CANADA
SHORT TERM WORK
PERMIT EXEMPTION
CRITERIA:
The worker has a job offer for a position within the
skill level 0 or A of the National Occupational
Classification.
DURATION
• 15 consecutive days or less and six months
have passed since the first day of work
• 30 days or less (16-30 days) and 12 months
have passed since the first day of work under
the previous use of the exemption.
AFTER SALES SERVICE
BUSINESS VISITOR
CRITERIA:
• Activities of foreign national providing After
Sales Services , Remuneration must remain
outside of Canada
• Principal place of foreign nationals employer
is outside of Canada
DURATION:
Varies depending on assignment but
typically 180 days.

THE GLOBAL FIGHT FOR TECH TALENT

British Columbia
• Over the past decade, employment of skilled tech workers has grown 27%
• BC’s provincial government makes it easy for tech companies to open offices
in Canada
• Provide financial incentives
• Work with federal government to expedite visas for skilled foreign
workers
• Expanded tax credits for virtual and augmented reality companies that
move to BC
• Potential idea: “Doctorate for Citizenship” program – guarantee
Canadian citizenship on day a PhD is earned
FIGHT FOR TECH TALENT: CANADA

• Lobbied for by high-tech companies
• Announced June 12, 2017 by Immigration, Refugees, Citizenship Canada
(IRCC) and went into effect immediately
• Goal: To provide a fast- track process for Canadian employers to recruit
highly skilled foreign talent.
• The strategy focuses on a two-week processing standard for certain LMIA-
exempt WP applications and 2 brand new work permit exemptions
NEW CANADIAN GLOBAL SKILLS STRATEGY
FIGHT FOR TECH TALENT: CANADA

Work Permit with a Labor Market Impact Assessment (LMIA)

New Changes to LMIA Requirements
• Effective August 28, 2017, employers will be required to use the Job Bank’s Job
Match service for recruitment purposes when advertising a position on the
Service Canada Job Bank.
• The Job Match service will match registered job seekers with the advertised job
posting and will rate them using a star system of 1 to 5 stars.
• Employers are now obligated to invite every candidate scoring at least 4 out of 5
stars in the Job Match service within the first 30 days to apply for the advertised
position.

FIGHT FOR TECH TALENT: IRELAND
Trends in Ireland
• Fastest growing skills demand is for top IT professionals
• Forecasted to open 8,000 IT jobs each year
• If levels continue to grow, Ireland will have almost 100,000 people
employed in top tech jobs by the end of 2018
• Ireland employs over 80,000 people in ICT companies

HIGHLY SKILLED ELIGIBLE OCCUPATIONS LIST
Full list of occupations found at the Department of Business, Enterprise,
and Innovation government website.
SOC-3 Employment
Category
SOC-4 Employments with Specific Skills
113
213
ICT
Professionals
1136 Information technology and telecommunications directors
2133 IT specialist managers
2134 IT project and program managers
2135 IT business analysts, architects and systems designers
2136 Programmers and software development professionals
2137 Web design and development professionals
2139 All other ICT professionals not elsewhere classified

SOC-3
Employment
Category SOC-4 Employments with Specific Skills
212 Engineering
Professionals
2122
Mechanical engineers specializing in:
•Quality control, or validation and regulation engineering (high tech industry; food and beverages), or
•Mechanical engineering (especially polymer engineering skills in the areas of pharmaceuticals, medical devices, or green economy), or
•Chemical process engineering, or
•Power generation, transmission and distribution, or
•Related and relevant specialist skills, qualifications or experience
2123
Electrical engineers specializing in:
•Chip design, test engineering, or application engineering, or
•Process automation engineering, or
2124
Electronics engineers specializing in:
2126
Design and development engineers specializing in:
•Quality control, or validation and regulation engineering (high tech industry; food and beverages) or,
2127
Production and process engineers specializing in:
•Quality control, or validation and regulation engineering (high tech industry; food and beverages) or,
2129 Material Scientists

CRITICAL
SKILLS
EMPLOYMENT
PERMIT
Processing time: Approximately 8
weeks
Allows the foreign national to
immediately apply for their dependent
to join them, and once in Ireland,
dependents can apply for a
Dependent/Partner/Spouse Permit
allowing them to work.
The foreign national must be presented
with a 2 year job offer but must only
remain with the employer for a
minimum of 12 months.
Permit holders can apply for residency
after 2 years of living legally in Ireland
(other permit holders must wait 5 years).
No labour market test is required
Application fee is 1000 Euro but if
adjudicated unfavorably, 90% of the
fee is refunded to the potential
employee.
Minimum wage must be at least
30,000 Euro

FIGHT FOR TECH TALENT: FRANCE
French Tech Visa / “Passeport Talent” Visa
• Implemented in early 2017 for professionals in the Tech sector
• Goal: To help startups in cities like Paris compete against rival firms in London or Berlin
• No cap on the number of people it can be awarded to each year
• Valid for 4 years on a renewable basis
• Is extended to immediate family members (Spouses receive residence permit allowing them to
live and work in France)
"We have the conviction that the only way to seize all growth opportunities in the 21st century is to attract
as many brains and talents as we can. In the global competition for these talents, we had to boost France
competitiveness.” - Axelle Lemaire, French Minister of State for Digital Affairs

TECH VISA
• Financial resources at least
equal to the French annual
minimum wage, €17,763.20 as
of January 1, 2017;
• An economically innovative
startup project that they plan to
develop in France; and
• Approval by a French public
organization called the Direccte.
• Graduate degree (master's
degree or higher);
• Work contract with a minimum
duration of 3 months with a
French company eligible to
recruit via the French Tech Visa;
and
• Gross annual salary of at least
€35,526.40 (twice the French
minimum wage as of January 1,
2017).
• Investing at least €300,000 in fixed
tangible or intangible assets;
• Investing either directly or via a
company in which they have at least
a 30% shareholding;
• Own at least 10% of the company in
which they are investing; or
• Creating or protecting (or
committing to create or protect) jobs
within the four years following the
investment.
STARTUP FOUNDER
(SETTING UP A COMPANY IN
FRANCE)
EMPLOYEES
INVESTORS
Foreign investors in a French
start up must be:
Startups increased 30%
between 2012 and 2015 in
France.

TECH
VISA
EMPLOYEES
Only eligible to foreign employees
who are recruited by the 117 tech
companies that have been selected
This list of companies will
be updated regularly as
more companies join the
program.
Companies are chosen
primarily for their hyper-
growth status and
fundraising history.
How to apply:
• Applicants outside of France must apply for a
long stay visa at the French Consulate in their
place of residence
• In addition to the required documents for a
“passeport talent” residence permit, the
applicant will need to provide an official letter
from their employer, partner incubator, or
accelerator in France from the Direccte, or from
the French Tech Mission to demonstrate that
they qualify.
• Once in France, the applicant must present
their long stay visa at their local Prefecture
which will then issue their residence permit
allowing them to stay and work in France.

FIGHT FOR TECH TALENT: CHILE
VISA TECH
• The Visa Tech program was implemented in April 2017
• Chile’s new tech visa is targeted towards founders and investors in tech
businesses that are based or looking to set up a base in Chile, as well as
science and technology professionals who are looking to work for a tech
business based in Chile.
• Three channels can receive applications:
1. Invest Chile
2. Start Up Chile
3. Chiletec
• Applications will be processed within 15 days

VISA TECH
ELIGIBILTY
The foreign national
is in Chile and has a
Start-Up Chile
program subsidy in
the technology
services sector
Owners, partners, or
investors of a
“technology
services” company in
Chile as part of the
InvestChile program.
Foreign national that
is employed by a
technology company
that has been formed
with the support of
Start-Up Chile or
InvestChile.
Foreign national with
sufficient labor
experience employed
by a technology
company that is a
member of Chiletec

VISA
TECH
Processing time: 15 working days
The Certificate of Sponsorship should
be requested by the company if the
foreign national is already in Chile.
Participating technology services
companies must have a Letter of
Invitation or Certificate of Sponsorship
from InvestChile or Start-Up Chile.
The duration of the visa is subject to
the contract.
If the foreign national is not in Chile,
the company should request a
Personalized Letter of Invitation for
Business Purposes which will allow
the potential employee to enter Chile
and complete the hiring process to
then apply for a work permit.
Highly qualified personnel in the
area of science and technology or
experience in innovation.

• Improve the temporary assignment of
highly skilled non EU nationals into the
EU
• Facilitate the mobility of ICT transferees
within the EU
• Establish a common set of rights for ICT
transferees when working in the EU to
avoid exploitation and distortion of
competition.
• ICT for a duration of longer than 90
days and up to a maximum of 3 years
• Cooling off period of at least 6 month
applies
• Does not permit member states to
have their own ICT work permit
scheme
INTRA CORPORATE TRANSFER (ICT) DIRECTIVE
EU ICT DIRECTIVE
AIM SCOPE

CRITERIAMust have an employment contract
with an entity outside the EU which
belongs to the group and foreign
payroll
Non EU citizen
Managers and specialists must have
worked for the international
organization for between 3 and 12
months uninterrupted, immediately
preceding their transfer.
Assignee is transferred within an
international group of companies.
Holds a position as a manager,
specialist or trainee.
For trainees, this mandatory period is
for three to six months
Must have evidence of professional
qualifications and experience Salary is at local market level.
EU ICT DIRECTIVE

Type of Intra EU
Mobility
Duration of Stay
(per country)
Short-term Up to 90 days within
a period of 180 days
Long-term More than 90 days
• A holder of an EU ICT permit may
travel to another Member State to
work.
• The sending entity must provide
details of the temporary assignment
and work location to the respective
Immigration Authority.
• The salary must be in line with
market conditions as the
Immigration Authority can deny the
travel to the EU Member State if the
salary is less than sufficient.
For stays longer than 90 days, a Mobile ICT Permit must be applied for.
EU ICT DIRECTIVE

Austria Target: Oct 1, 2017
Belgium Law in process
Croatia Law in process
Czech Republic Law in process
Finland Law in process
Greece Law in process
Lithuania Law in process
Malta Not Applicable
Poland Law in process
Portugal Not applicable
Slovakia Law in process
Slovenia Target: Jan 2018
Sweden Target: Dec 2017
COUNTRIES THAT HAVE YET TO
IMPLEMENT THE ICT DIRECTIVE
IMPLEMENTE
D
Bulgaria May 2016
Cyprus Feb 2017
Estonia Jan 2017
France Nov 2016
Germany Aug 2017
Hungary Sept 2016
Italy Jan 2017
Latvia Feb 2017
Luxembourg Mar 2017
Netherlands Nov 2016
Romania Aug 2016
Spain Nov 2016
COUNTRIES THAT HAVE
IMPLEMENTED THE ICT
DIRECTIVE
Denmark
Ireland
United Kingdom
OPTED OUT
EU ICT DIRECTIVE

EU BLUE CARD
The EU Blue Card Scheme is designed to make Europe a more
attractive destination for professionals from outside the European
Union.
All EU member states, except the United Kingdom, Denmark and
Ireland, participate in the EU Blue Card scheme.
BENEFTIS
• Working and salary conditions equal to nationals
• Free movement within the Schengen area
• Entitlement to a series of socio-economic rights (e.g.
unemployment benefit)
• Favorable conditions for family reunification
• Permanent residence perspective
• Freedom of association

VAN DER ELST VISA
A visa generally available to non-EEA citizens working in a European Member state that allows
them to work for a company in another EEA member state, subject to meeting certain eligibility
conditions, without the need to obtain a work permit.
To qualify, a foreign national must be lawfully employed in another EU Member State to provide
services on behalf of their company.
The visa will be valid only for the duration of the validity of the work permit of the EU member
state.
Every country has its own specific set of regulations to follow, so the above may differ on a
situational and case-by-case basis.

CRITERIA:
• Must have the right to stay and work in a
given EU country
• Hired by a company based in the EU
• Temporarily posted by the sending company
to Poland for the purpose of providing
services in Poland.
PROCESS:
If holding a Schengen visa, can enter Poland for
up to 90 days – otherwise, must apply for a visa
at the Polish Consulate.
POLAND SPAIN
STRAIGHTFORWARD PROCESS LEGAL QUALIFICATIONS
CRITERIA:
• Must have the right to stay and work in a given EU country
• Sending company and host company belong to the same
group OR
• The companies have a signed service agreement
PROCESS:
• The sending company must inform the Spanish labour
authorities of the transfer prior to the start of the assignment.
• After the filing of the communication of transfer, an inspection
by the Labour Inspectorate takes place in the host entity to
review that all the legal requirements related to the transfer
are in compliance.
VAN DER ELST VISA

EU ICT DIRECTIVE BLUE CARD VAN DER ELST
NATIONALITY Non-EU Citizen Non-EU Citizen Non-EU Citizen
CONTRACT &
PAYROLL
Foreign contract and payroll Local contract and payroll Contract and payroll by
sending EEA country
SALARY Salary is at local market value Salary of at least 1.5 times the
average gross annual salary paid in
the Member State
Salary must be maintained in
the home country
DESIGNATION Managers, specialists, or trainees
who will be temporary transferred to
one more branches of the same
company or same corporate group
Highly qualified or skilled workers,
researches, students, and
vocational trainees
Not Applicable
DURATION Valid for a maximum validity of 3
years for managers and specialists, 1
year for trainees
Issued for the duration of the
employment contract plus three
months – maximum validity up to 4
years
Duration of the validity of the
work permit of the EU member
state
RENEWAL Not renewable but can apply for a
new permit after maximum validity
subject to cooling off period
Renewable Renewable
COMPARISON OF VISAS

EU POSTED WORKER DIRECTIVE
• Posted workers are employees sent by an employer to carry out a service
in another Member State on a temporary basis
• EU Member States were required to implement by June 2016
• Establishes rules for posted workers that are aimed at:
o Guaranteeing that baseline working conditions are maintained
throughout the EU
o Preventing “social dumping” where foreign workers undercut a host
country’s workforce because they have lower working standards

Notification of start
date required from
companies both
inside and outside the
EU
Appointment of
representative in
host country who can
make documents
available for
inspection by
authorities
Document
Retention
The directive establishes a framework for member states to adopt procedures
to provide notice that they are sending posted workers on temporary
assignment

COUNTRY EFFECTIVE DATE TIMING OF NOTICE METHOD OF NOTICE APPLICATION & EXEMPTIONS
Austria Jan 1, 2015 Prior to arriving in
Austria
Online Exemptions may apply for highly
qualified employees.
Belgium Dec 30, 2016 Prior to first day of
work
A “Limosa declaration” can be
filed online
A limited number of waivers and
exemptions may be granted.
Bulgaria Feb 10, 2017 Prior to first day of
work
In person. An online system is
expected after Jan 1, 2018
Cyprus Jun 16, 2017 Prior to first day of
work
Email notification must be
provided to the Department of
Labour
Applies to activities carried out
by posted workers or workers
on assignment.
Denmark May 1, 2008 with
several
amendments,
most recently on
Nov 8, 2016
Prior to first day of
work
Online on the Register of
Foreign Service Providers (RUT)
website
Applies to all foreign companies
and foreign nationals providing
services in Denmark
France Oct 1, 2016 Two days before first
day of work
Online Applies to activities that require
work authorization and activities
that are work-permit exempt

COUNTRY UPDATE: CHINA
The two former types of Work permits (Employment Permit and Expert Permit) do not exist anymore
but have been combined to become a sole and unique Foreigner’s Work Permit.
The Foreign Work Permit includes the following key changes:
• New online application system to complete the relevant application forms and upload supporting documents
for the labour bureau's prior approval
• Unique identification number to identify every foreign employee
• Classify foreign employees into three different categories, (A, B, and C) under a Point-Based System according
to their educational background, work experience, salary awarded from the sponsoring entity, Mandarin
proficiency, working locations
• Limitations towards different categories based on the idea "Encourage the top, control the middle, limit the
bottom.“
• Processing time: 10-12 weeks

NEW POINTS SYSTEM IN EFFECT APRIL 1,
2017
KEY REFORMS:
High End Personnel
• Must be recognized for
achievement in academia,
business, entertainment, or
sports and/or holds a position
of authority.
• Must be recognized as an
entrepreneurial or innovative
talent by his peers
Professional Personnel
• Holds a bachelor’s degree and
has two years’ work experience
in a certain field
Ordinary or government
approved less skilled,
temporary seasonal personnel
It is anticipated that rejection
rate will be high for those
applicants who fall into Group
C
TYPE A (over 85 points) TYPE B (over 60 points) TYPE C (below 60 points)

CHINA POINT SYSTEM

Why is Australia attractive to foreign companies and workers?
• Australia is distant from major world markets but is nevertheless well integrated into global
markets. Sound policies have helped.
• Australia’s immigration and visa systems have been critical to demographic and economic
development. However, there is room for a more business-friendly tax mix.
• Australia continues to be an attractive destination for foreign businesses looking to expand
or invest capital. Australia has a proven resilient economy, well developed infrastructure, a
sophisticated business environment and is excellently located as a gateway to China and
South East Asia.
• Almost all industries are open to foreign competition and Australia has a skilled workforce
readily available
COUNTRY UPDATE: AUSTRALIA

CITIZENSHIP
COUNTRIES
% of 457 program
(2015-2016)
India 24.8%
United Kingdom 17.2%
China 6.3%
Philippines 5.2%
USA 5.5%
Ireland 4.4%
Italy 2.9%
France 2.7%
Canada 2.3%
South Korea 2%
IMMIGRATION TRENDS & STATISTICS: AUSTRALIA
Nominationoccupation % of 457 program (2015-2016)
Professionals 51%
TechniciansandTradesWorkers 24.7%
Managers 19%
CommunityandPersonalServiceWorkers 2%
Primary visas granted – top ten
citizenship countries:
Primary visas granted – top
four occupations:

CHANGES TO IMMIGRATION PROGRAM: AUSTRALIA
TIMELINE – APRIL 19, 2017
Government announces 457 visa will be abolished
and replaced with the completely new Temporary
Skills Shortage (TSS) Visa in March 2018
New lists are called Medium and Long-Term
Strategic Skills List (MLTSSL) and Short-Term Skilled
Occupation List (STSOL)
Drastic reduction in eligible occupations list 200 occupations removed from list including
Production Manager, Web Developer, Training and
Development Professional, Industrial Sales
Representative, Market Research Analyst, ICT Support
Technician and Procurement Manager
Transitional measures announced Applications that had not been approved and
categorized under occupations that are no longer
available for purposes of the program, have the
option to withdraw their application and receive a
refund or re-file under new rules
The Australian Department of Immigration and Border Protection (DIBP)
Announces Significant Changes to the 457 Visa Program

TIMELINE – JULY 1, 2017
Police Clearance Certificates mandatory
Mandatory Skills Assessments Requirements Expanded
Changes announced for Sponsor Training Benchmarks
Launched new eLodgement Plus Online Application System
English language exemption no longer applies for high wage earners (96,400 AUD or more per
annum)
English language proficiency requirements increased for employment-based permanent residence
applications
28 occupations returned to the eligible occupations list following widespread criticism

TIMELINE
December 31, 2017 DIBP will begin collection of Tax File Numbers of 457 visa holders and other
sponsored migrants to match data with the Australian Tax Office’s records to
confirm appropriate nominated salary is being met
DIBP will release details relating to sponsors sanctioned for failing to meet
obligations
March, 2018 457 Visa officially ends and new Temporary Skill Shortage (TSS Visa) begins
Changes to be announced for Subclass 186 and 187 Permanent Residence
applications
All current 457 visas will remain in force until due expiry date

TEMPORARY SKILLS SHORTAGE
VISA
NEW OCCUPATION SHORTAGE LIST:
Short-Term Stream (STSOL)
Allows business to fill shortages on
a temporary basis for a period of
up to two years (with some
exemptions).
Medium and Long Term
stream (MLTSSL)
Allows for temporary
sponsorship up to four years.
Also provides a pathway to
permanent residence.
TEMPORARY SKILLS SHORTAGE VISA: AUSTRALIA

SKILLED OCCUPATION LIST: AUSTRALIA
OCCUPATION ANZSCO CODE
Occupations added back to the
STSOL for all relevant visa
programs
ICT Support and Test Engineer 263299
ICT Support Technician 313199
Occupations on the MLTSSL are
now eligible for the subclass 186
and 457 visa programs, as well as
other relevant visa programs
Chemical Engineer 233111
Civil Engineering Technician 312212
Electronics Engineer 233411
Industrial Engineer 233511
Production or Plant Engineer 233513
Changes to the lists of eligible skilled occupations (IT related)

NEW
REQUIREMENT
S
New occupation lists which better
target and align with skill needs in
the Australian labour market have
been introduced
Minimum English language
requirements
Requirement to pay contribution to
the Skills Australian Fund (SAF)
Beginning March 2018, mandatory
labour market testing apply
A non-discriminatory workforce test
ensuring employers are not actively
discriminating against Australian
workers
Mandatory criminal history
check
TSS ELIGIBILTY CRITERIA: AUSTRALIA
At least two years relevant
experience (no current minimum)
Market rate minimum salary not less
than Temporary Skilled Migration
Income Threshold (TSMIT)

• Foreign worker application
demonstrating:
• Have been sponsored by
an approved business
• Have the required skills to
fill a position nominated
by an approved business
• Dependents may live and work
• Validity:
• STSOL: 2 years
• MLTSSL: 4 years
STAGE 3:
VISA APPLICATION
• Employer can be a business
operating in Australia or overseas
• Validity: 5 years
• Position for principal applicant
must be nominated for approval
• Position must be on official list
of eligible occupations
STAGE 1:
BUSINESS
SPONSORSHIP
STAGE 2:
NOMINATION APPROVAL
VISA APPLICATION PROCESS: AUSTRALIA
All three applications can be lodged simultaneously

APPLICATION FEES: AUSTRALIA
Business Sponsorship Fee 420 AUD
Skilled Australian Fund TSS Visa
Small Business (annual turnover <$10M) 1200 AUD per year
Other Businesses 1800 AUD per year
Visa Application Charges Primary
Applicant
Adult
Dependent
Child
Dependent
TSS Visa (Short Term) 1150 AUD 1150 AUD 290 AUD
TSS Visa (Long Term) 2400 AUD 2400 AUD 600 AUD
Nomination Fee 330 AUD

Applies to all sponsors of 457 visa holders (and TSS from March 2018)
• Cooperate with inspectors
• Ensure equivalent terms and conditions of employment
• Keep records
• Provide records and information to the Minister
• Inform authorities when certain events occur
• Ensure the visa holder participates in the nominated occupation, program or
activity
• Not recover from, transfer or charge certain costs to another person
AUSTRALIA COMPLIANCE: SPONSOR OBLIGATIONS

Applies to all sponsors of 457 visa holders (and TSS from March 2018)
• Pay travel costs to enable sponsored people to leave Australia
• Pay costs to remove unlawful citizens
• Provide training to Australians and permanent residents
• Not engage in discriminatory recruitment practices
AUSTRALIA COMPLIANCE: SPONSOR OBLIGATIONS

IMMIGRATION COMPLIANCE & PENALTIES: AUSTRALIA
PENALITIES OF NON-COMPLIANCE FOR SPONSORS
ADMINISTRATI
VE SANCTIONS
Barred from sponsoring more people for a specific amount of time
Barred from applying for sponsorship approval
All existing approvals as a sponsor could be cancelled
ENFORCIBLE
UNDERTAKING
Require companies to promise, in writing, to undertake to complete certain actions to
demonstrate that failures have been rectified and will not occur again
CIVIL
SANCTIONS
Infringement notice of up to 12,600 AUD for a body corporate and 2,520 AUD for each
individual failure
Government can apply to a court for a civil penalty order of up to 63,000 AUD for a
corporation and 12,600 AUD for each individual failure
OTHER
SANCTIONS
Paying costs to locate and
remove an unlawful non-
citizen:
Sponsoring company may be responsible to pay the
Commonwealth the difference between the actual costs less
any amount which may have already been paid under the
obligation to pay travel costs
Up to a maximum of 10,000 AUD

INSZoom Immigration Conference 2017 - Devil in the details: Global immigration updates

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INSZoom Immigration Conference 2017 - Devil in the details: Global immigration updates