Istotne zmiany dotyczące aplikowania o wizę 442 - Occupational Trainee Visa
Sponsorship obligations
From 14 September 2009, sponsors of subclass 442 visa holders must meet a number of sponsorship obligations.
The sponsoring organisation must be an Australian organisation that is lawfully operating in Australia or a government agency. The Sponsor has to have a good business record and abide by Australian laws. That means:
• there must be nothing adverse known about the organisation
• if the organisation has previously sponsored overseas workers to Australia, they must have a satisfactory record of complying with Australian laws,
• the activities of the organisation must not be illegal in Australia.
The sponsor must have the capacity to comply with sponsorship obligations right from the start which includes:
• an obligation to cooperate with inspectors;
• an obligation to ensure equivalent terms and conditions of employment;
• an obligation to pay travel costs to enable sponsored persons to leave Australia;
• an obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non-citizens;
• an obligation to keep certain records;
• an obligation to provide records and information to the Minister;
• an obligation to provide information to the department when certain events occur;
• an obligation to ensure that the primary sponsored person works or participates in nominated occupation, program or activity; and
• an obligation not to recover certain costs from a primary sponsored person or a secondary sponsored person.
The sponsor also need to meet nomination eligibility and requirements before he made any arrangement to employ or engage people from overseas.
Nomination Eligibility
Accroding to the new sponsorship framework, the sponsoring organisation must lodge a nomination to provide workplace based training to occupational trainees. The nomination must provide details of the proposed workplace based training and the skills, qualifications and experience of the individual who will undertake the training.
Only sponsors who are Commonwealth agencies are not required to lodge or have a nomination application approved. However, Commonwealth agencies are still required to be approved as an occupational trainee sponsor.
There are special sponsor requirements which every sponsor should meet before will nominate for occupational training. These include:
• have been approved as an occupational trainee sponsor
• have already lodged an application to become an approved occupational trainee sponsor
• lodge an application to become an occupational trainee sponsor at the same time the nomination is lodged.
A new three step process for applying for a 442 visa
There is also a new three step process for applying for a 442 visa. This process will depend on the intended type of occupational training. To meet the nomination criteria, only the requirements of one stream need to be met. These streams are:
• Stream 1: Occupational Training Required for Registration
• Stream 2: Structured Training to Enhance Skills in an Eligible Occupation
• Stream 3: Workplace-based Training for Capacity Building Overseas
Acknowledgement of unpaid placement
Occupational trainees are required to be paid in accordance with Australia’s industrial relation laws if they are employees of an organisation. All details of the remuneration to be paid to the nominated person need to be included in the nomination.
If the nominated person will not be paid, the sponsoring organisation and the nominee need to complete forms acknowledging that the position is unpaid. The sponsor is required to submit the completed forms with the nomination.
Location of lodgement and processing
From 9 November 2009, all Occupational Trainee visa processing will be consolidated in the Adelaide Occupational Trainee Processing Centre (AOTPC) in Australia.
All Occupational Trainee visas, nominations and sponsorships must be lodged directly with the AOTPC from this date.
The new arrangement will consolidate nominations and visa processing to the one site regardless of the location of the applicant and will result in best practice and improved service standards.
The changes apply to all Occupational Trainee (Subclass 442) visa applications lodged on or after 9 November 2009. All Occupational Trainee visa applications lodged prior to that date will be processed as per current arrangements.
For further information on each of the sponsorship obligations, please us via e-mail: info1@pacific-center.net
422 visa - This visa allows people to complete occupational training in Australia on a temporary basis for periods of up to 12 months . For this visa, you will need to be sponsored and nominated by an Australian organisation or government agency. The training must provide people with additional or enhanced skills in the nominated occupations, tertiary studies or fields of expertise. Visitors must not receive remuneration other than a contribution towards living and travel expenses except if they also hold a subsequent sessional appointment in which case they can be paid the appropriate salary.
