Reduction in processing times

To reduce processing times for applications in the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) the ‘decision ready’ initiative was introduced. This initiative will provide Registered Migration Agents with the capacity to certify their applications as decision ready to enable access to priority processing.

"It is important that applications are submitted with all relevant information and required supporting documentation.”

New Guidelines regarding leave

DIAC’s revised policy guidelines have addressed potential applicants who take long service leave and/or maternity leave while holding a 457 visa.
 
Under the Employer Nomination Scheme there are three possible ways in which a visa applicant can satisfy the skill level required to perform the duties associated with the nominated position. One of these options, commonly known as the two year/one year rule applies only to 457 visa holders changing status to permanent residence within Australia under the provisions of the Subclass 856 visa class.  
 
The current regulation requires an applicant to have accumulated at least two years full-time work experience (minimum 38 hours per week) in Australia in the nominated occupation with at least 12 months in the employ of the nominating employer. The regulation further stipulates that the work experience must be accumulated in the two years immediately prior to making the visa application. The wording and structure of the regulation implies that the person must work continuously during this period. The recently released policy guidelines recognise that applicants cannot reasonably be expected to have worked in their employment over the two year period leading to the application without taking any breaks.

The new guidelines include:

• Maternity Leave
  In the case of maternity leave, DIAC will now consider a cumulative period of at least 24 months in the 36 months immediately prior to making the application. The cumulative period of 12 months can include paid and unpaid leave.

• Other Leave
  For leave other than maternity leave, the cumulative period will be at least 24 months in the 30 month period immediately prior to making the application. The cumulative period of six months can include any paid or unpaid leave other than maternity leave.

• Absence outside of Australia
  The regulation requires that an applicant must have been working in Australia for their employer in the two year period leading to the application. Under the new policy guidelines periods of absence outside Australia may be counted within the parameters of leave outlined above provided the applicant continues to be employed by their nominating employer during the period of absence overseas.

• Working for the nominating employer for at least 12 months
  In addition to satisfying the two year rule of work in Australia, an applicant must also satisfy the requirement of having worked for the nominating employer for at least the 12 months immediately preceding the application. Under the revised guidelines the 12 month period can be accumulated in the 15 month period immediately prior to making the application.

• Career breaks or periods of unemployment
  Career breaks and periods of unemployment continue to be barred from use in satisfying the criteria.

Changes in the structure of the business

The ENS policy guidelines have also sought to clarify DIAC’s position relating to changes in the structure of the business.
A visa applicant must work for the nominating employer for the 12 months preceding the application when pursuing a permanent residence application under the two year/one year rule. A change in the business structure or legal status of the nominating business during the 12 months preceding the application will continue to cause problems for visa applicants.

If there has been a change in the legal status of the employer because of a sale, takeover or substantial restructure of the nominating employer, any period of employment with the former employer will only count towards the one year requirement if the restructured business is considered to be a related entity under the provisions of section 50 of the Corporations Act.

In any other situation, including where the restructured business is deemed to be an associated entity under Section 50AAA of the Corporations Act, visa applicants cannot count any periods of employment for the purpose of the regulation.   This applies even if the applicant is working in the same position, performing the same duties, with the same working conditions and reporting to the same management structure. 

VEVO

VEVO is a free online facility that allows organisations to check the visa entitlements of a visa holder.

VEVO is used by organisations to check the visa status of visa holders applying for work, study, licenses and access to Government services such as Medicare.

The most common users of the system are employers and labour supply companies to confirm a visa holder's entitlement to work in Australia, and it is generally used with working holiday visa holders or student visa holders.

Companies using the system for the first time need to register and then are able to check visa work eligibility by providing the passport information.
 http://www.immi.gov.au/managing-australias-borders/compliance/working-legally/evo-for-visa-holders.htm#a