Detail Question Of The Week

Employer Nomination Scheme - Subclass 186 - Direct Entry Stream:

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Question asked

Hi there,

I was wondering if you could help with the following questions with regards to VISA subclass 186 direct entry stream:

1) Training benchmark 2: The company I work for it uses to pay the training for Australians and PR holders in advance. To explain, training invoice is paid in May 17 and training provided in Sep 17. If the company lodges the nomination form let's say in July 17 can the training paid but not yet provided be counted toward the benchmark?

2) In order to show the ongoing business commitment in maintaining training expense, is the business plan enough or the DIBP might look for other specific documents?

3) In the employment contract attached to the offered position, is it possible to specify a clause which states that the salary at the market rate will be enforced from the day the PR will be granted?

4) I am currently working for the company which is keen to nominate me. Does the company need to mention that in its application?

5) In terms of company payroll disclosure, can the company provide a summary which of course agrees with what listed on the financial statements or is it obliged to disclose the payroll breakdown by employee? This is very crucial as disclosing other employees remuneration details might raise privacy issue.

Thanks and regards

Answer provided by our agents

Hi C.

Thank you for your email for giving us the opportunity to assist you on your visa matter.

Please find below your answers:

Answer: No, as the actual training hasn't been started yet. Your company could claim on training which has been completed by Australian citizens or PR employees.

Answer: If your business has been operating for less than 12 months, you must demonstrate that you have an audit-able plan to meet this training benchmark otherwise for each fiscal year you claim for training benchmark, you need to show the relevant training expenses and documents to the immigration department and will be enough.

Answer: In your contract, your salary will be mentioned by your Employer. Your employer needs to demonstrate that your terms and conditions of employment are no less favorable than the terms and conditions which an ‘equivalent Australian’ employee is or would be receiving. This includes showing that you are paid a salary that is at least equal to the Australian market salary rate for your role.If your employer already has an Australian citizen or permanent resident that is working in the same location and role as the nominated occupation (i.e. the role sponsored for the 186 or 187 visa), then your terms and conditions of employment need to be at least as favorable as this equivalent Australian citizen or permanent resident.This can be shown by providing a copy of the contract of an Australian citizen or permanent resident that is working in the same position and location as your nominated role.

Otherwise, if your employer doesn’t have an equivalent Australian working for, they can provide evidence of what the Australian market salary rate is for your nominated role and show that your GAE (Guaranteed Annual Earnings) is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Australian Government’s Job Outlook data or Hays Salary Guides, will usually give specific data for various capital cities around Australia). Please find below their website links:

Answer: Yes, As part of Nomination application (Direct Entry), your employer should nominate an applicant to fill a position that is: 1-an occupation on the list of eligible skilled occupations 2-full time, ongoing and available for at least two years. In your employment contract with them, they don't need to mention this.

Answer: To show an expenditure evidence for meeting Training benchmark disclosing the payroll breakdown by an employee is not necessary, your employer could show the invoices and paid receipts from the training organizations which have all the details (name, of course, fee, ...) to the immigration department and usually this is an accepted way to show immigration department. Employees' payroll is not an evidence to show that training fees paid to training organizations.

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