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Labour Agreement Nomination

Applications must be submitted online to the Division and all necessary documents are attached. The application fee for a TSS appointment is currently $330 and a registration fee $nil must be paid for the SRS appointment. For the 186 visa subcategory, the cost is 540 USD. There is also a tax on the Australian Fund (Skilling Australian Fund- SAF). The labour contract stream is aimed at employers who are proven to be required to provide employment in their company that they cannot obtain in the Australian labour market. Under an employment contract, an employer may, depending on the terms negotiated with the Department in the employment contract, encourage or appoint a skilled foreign workforce (different types of agreements allow for different levels of flexibility in this regard). Immigration policy provides detailed guidelines on the requirements a company must meet in order to be admitted to an employment contract. Although the policy is not legally binding, it is a very useful guide to how the Department can apply and apply the migration provisions to any request that awaits it. It is outside the scope of this article to provide a complete overview of these requirements or to consider all possible scenarios (due to the complexity and volume of materials to be considered).

We therefore strongly recommend, if you are considering applying for an employment contract for your company, that you have professional advice on this matter. The Department strives to ensure that the employment contract does not jeopardize the employment and training opportunities of Australians. As part of the review of the application, Immigration will examine the company`s dependence on foreign workers and whether it has demonstrated that it will take action over the duration of the proposed agreement to reduce its dependence on foreign workers. Employers should avoid “promising” a permanent pathway to stay when hiring foreign workers. The Department could review the number of applications each year. It is also necessary to demonstrate that the company has the financial means to support the number of workers it wishes to promote or designate under the employment contract. This requires a letter of assistance from an accountant (who must be either a registered accountant (CA) or a certified accountant (CPA) who presents and confirms important financial information about the company. Any overseas worker applying for employer assistance or an appointment under the employment contract must apply for a separate visa that meets all applicable requirements. There may be exceptions in limited cases where these two requirements are not met. When an employer attempts to include a profession that is not considered “qualified” for this purpose, an important business case must be advanced, and it must also be in the national interest. Permission must also be obtained directly from the Minister of Immigration.

If the proposed occupation is already involved under the TSS appointment program, an application for an employment contract should only be made if the employer wishes to obtain a concession for the standard requirements applicable to the designated occupation.