On March 18, the Australian federal government formally introduced the latest Australian immigration policy, the TSS work visa act, which has been named the strictest work visa in Australia's history.
I. the purpose of the bill
The bill is intended to explain in detail all the details of the TSS, including visa classification, application qualifications, and so on.
The bill is a series of cuts and changes to the original immigration law, (Migration Regulations 1994.
There are 168 changes, and we highlight the major changes that have taken place after the change.
Second, the introduction of the definition of market wage level
The bill defines market wage levels (added to Reg 1.03). The market wage level refers to the level of salary that the guarantee enterprise should pay to the visa applicant. It should be comparable to the level of the market in the same area of the employment relationship, the same industry, or even more in Australia, where the company is in the same position.
The introduction of this definition, more detailed definition of market wages must take into account the same region and the same industry.
Thirdly, the definition of related individual (associated entity) is extended.
First, the concept of the relevant individual appears in the two key points of the bill: the relevant individual of the guarantee enterprise cannot have been involved in activities with bad records; and the guarantor (visa applicant) cannot be related to the guarantor enterprise.
Then under the new definition, the individuals concerned include: spouses, relatives, like relatives, (family like) relationships belong to a social organization, informal associations or other organizations have mutual friends or acquaintances, one side is an adviser to the other, A partner, legal representative, employee or employer-related interest group may have a controlling effect on the other.
The extension of this definition is explosive. For example:
Before extending this definition, if enterprise A wants to guarantee the applicant B. If, then, the Immigration Service finds that applicant B is related to a shareholder or director of Enterprise A, this is certainly not to be signed; this is already the case after 2016.
However, now that the definition has been extended, if applicant B has no relationship with shareholders or directors of Enterprise A, there is no relationship between applicant B and the shareholders or directors of Enterprise A. However, if the Immigration Board can prove that applicant B and a director of Enterprise A belong to a member of a Chinese Chamber of Commerce, the Immigration Board can abuse this law and reject the application for (nomination application). For the job nomination.
Similarly, the problem of a bad record, if a relative of the company's director has a bad record, can be abused to accuse the company of failing to guarantee its qualifications.
IV. Historical visa records of visa applicants
There are two more stringent provisions in the new 482:
- Clause 482.211 requires a visa applicant who, if applying for a visa in Australia, has a good previous visa record (no violations of visa regulations);
- Clause 482.216 requires the visa applicant, or his / her related individual (citing the above concept), to have no adverse record.
V. introduction of the concept of real applicant
The real applicant (Genuine Applicant) is only for the ST visa category. This regulation requires the applicant to meet the real conditions:
Consider the applicant's personal status, visa history and other factors to judge whether he or she intends to stay in Australia only for a short period of time with motivation to comply with all the terms of the visa.
This means that applicants who have been denied a visa, have a permanent residence visa record, or have a poor domestic economy are likely to be denied short-term work visas for just two years.
The above points are the summary of the Australian Immigration Visa TSS work Visa Act. In view of these possible traps, combined with the Australian immigrant visa application experience, this paper simply analyzes the possible problems.
