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Company Specific Questions
Who is TCCG Recruitment? TCCG Recruitment is a 100% Australian owned and operated registered company. We facilitate the sourcing and migration to Australia of suitably qualified Skilled Workers that meet our clients exact skill shortage requirements. Why should I use TCCG Recruitment? We have developed expertise in international labour solutions, specialising in skilled migration of skilled workers to meet Australia’s skilled labour shortage. Our personal approach and cost effective strategies mean we can help find the skilled worker that’s right for you. Is TCCG Recruitment’s process simple? Yes. We recognise that there are many pathways to Skilled Migration, and most of them are complicated, confusing, and full of red tape. We have well-established partnerships with experienced organisations in Australia and Overseas that can assist in providing qualified Skilled Workers from overseas to work legally in Australia. Is TCCG Recruitment a registered Migration Agent and/or Lawyer? TCCG Recruitment is not a registered Migration Agent and/or Lawyer. As such none of TCCG Recruitment’s employees are permitted by law to provide migration assistance or advice. TCCG Recruitment however does have an exclusive relationship with migration agents and lawyers and is able to assist you and Skilled Workers with In-country and Australian Migration and Visa processing. Is TCCG Recruitment a registered recruitment company? Yes, TCCG is a registered recruitment employment agency and is a proud member and supporter of the Recruitment and Consulting Services Association (RCSA). For further information please visit http://www.rcsa.com.au/imis15/RCSAweb Does TCCG Recruitment offer a guarantee? Yes, TCCG Recruitment does offer a guarantee when you employ an overseas skilled worker. Please refer to our standard terms and conditions for further information. Will TCCG Recruitment assist with the paperwork? TCCG Recruitment is able to help and help facilitate this through our extensive partner network where requested. Where can I find further information about TCCG Recruitment? For further information please visit our website, www.tccg.com.au How does TCCG Recruitment go about selecting people in the country of origin? • The TCCG Recruitment selection process is established to the highest Australian and International standards • TCCG Recruitment has global access to an established database of pre-qualified and “visa ready” available skilled workers • TCCG Recruitment tracks the performance and client feedback of all placed skilled workers • Every skilled worker is personally interviewed and their identity, qualifications and skills verified • The education levels of all skilled workers are verified directly with the educating institution • Every skilled worker is personally reference checked for the past three (3) positions held General Employment / Workplace Questions Does the employer make the decision of which skilled worker to employ? Yes, you remain in control throughout all stages of the process, there are no up-front costs. What is the minimum salary that a sponsored employee can be paid? An employer (or prospective employer) who wants to sponsor a skilled worker for a Subclass 457, 186 or 187 visa, will need to show that the ‘market rate’ requirement is met in the nomination application. In the nomination form, the sponsor is required to disclose the base salary and ‘Guaranteed Annual Earnings’ (“GAE”). What is ‘Guaranteed Annual Earnings’ (“GAE”) A GAE essentially means the employer guarantees the employee a certain rate of annual earnings over a defined period. What can be included in the GAE GAE can only include the following types of payments and allowances: • Base Wage • Any payments which are applied or dealt with on your behalf or at the skilled workers direction (e.g. accommodation or housing allowance which the employer covers and pays directly to the landlord) • The agreed monetary value of non-monetary benefits (e.g. health insurance, car, mobile phone and laptop etc.) What is the Market Rate Requirement An employer needs to demonstrate that the terms and conditions of employment are no less favourable than the terms and conditions which an equivalent Australian’ employee is or would be receiving. This includes showing that your GAE is at least equal to the Australian market salary rate for the particular role. Note: The nominating employer does not need to show that the market rate requirement is met if the applicant’s GAE is $180,000 or greater. Furthermore, for 457 visa holders, the sponsor must pay the GAE that is specific in the nomination application or the ‘market salary rate’ as it varies over time, whichever is greater. This means that the sponsoring employer is obligated to periodically review the skilled worker salary and increase it as the Australian market rate for your role increases. Also, for an occupation to be sponsorable under a 457 visa, the Australian market rate for the role must be equal to or above the Temporary Skilled Migration Income Threshold (‘TSMIT’). Where do I find the appropriate market rate for my role/industry If you are unsure TCCG Recruitment suggests you seek further advice and or clarification on this matter. Australian Government’s Job Outlook Data http://joboutlook.gov.au/Pages/default.aspx Hays Salary Guide http://www.hays.com.au/salary-guide/ What obligations does the sponsoring employer have with respect to taxation? The only obligations that the employer has with respect to Taxation is (a) to withhold the correct amounts of tax and remit this tax to the Australian Tax Office, and (b) to issue an annual payment summary to the employee of “gross payments” and “total tax withheld”. What superannuation obligations does the sponsoring employer have? The sponsoring employer must pay the minimum superannuation contribution (currently 9%) in addition to the TSMIT. A sponsored employee can claim their accumulated superannuation when they leave Australia. What amounts can a sponsoring employer deduct from a sponsored employee’s salary? Standard Income Tax is the only deduction that can be made by the employer without the employee’s agreement. Even if the employee does agree to additional deductions, the resultant net amount cannot be lower than the TSMIT above. What obligations does the employer have to a sponsored employee with respect to workplace relations? Every employer (by law) must provide every employee with a “Workplace” Factsheet within 7 days of them commencing work. Are there any special workplace safety obligation put on a sponsoring employer? No, all standard workplace safety conditions and training are required by sponsored employees. Can a sponsored employee join a union? Yes, but no one can mandate their joining. Are there any special working conditions to which a sponsoring employer must comply? No, when working in Australia, a visa holder is entitled to the same working conditions as any permanent Australian citizen or resident. Who pays for the medical costs if a sponsored employee gets sick? The sponsoring employer is responsible for covering the sponsored employee’s public-level medical and hospital expenses. This is normally done via Health Insurance at a cost of approximately $900 per year. Can a sponsoring employer terminate the employment of a sponsored employee? Yes, but there must be a valid work-related reason for the termination that falls under the terms of the signed employment contract. Can an employer cancel a sponsored employee’s visa? No, only the Department of Immigration and Citizenship (DIAC) can cancel a visa. Can a sponsored employee leave one employer and get another job with another sponsoring company? Yes, but this can be quite difficult as the employee must first get approval from DIAC and be issued with a new visa identifying the new sponsor as the employer. What happens to sponsored workers at the end of their contract or visa period? The sponsored employee must leave Australia at the end of their visa period. Can a Filipino sponsored employee work under a standard Australian employment contract? Yes, but the contract must include the mandatory conditions specified by the Philippines Overseas Employment Agency agreement. These are provided to the employer by TCCG Recruitment and are simply incorporated within the Australian employment contract. Skilled Worker Education Questions Can a sponsored employee bring their family dependents to Australia? Yes, but only if the employer also agrees to sponsor them. After 2 years on a 457 visa, a sponsored employee can apply for a permanent visa, and once granted, is no longer subject to the employer’s sponsorship. What responsibility does the employer have in providing accommodation for the sponsored employee? The employee is free to live wherever they like. If the employer offers suitable accommodation then the employee is entitled to refuse this and find his or her own. What happens about accommodation when the sponsored employee first arrives? As stated in the previous question, the employee has a responsibility to find suitable accommodation and this includes from the date that that they arrive in their town/city of employment. Payment for this accommodation is the responsibility of the employee; however an employer my make an advanced payment and deduct these advances from subsequent salary paid to the employee. Where requested, TCCG Recruitment will assist in sourcing accommodation. General Visa Questions What type of visa is best suited to my need of a skilled worker? This will depend substantially on your individual set of requirements. We suggest that you complete our FREE no obligation Job Order and let TCCG Recruitment facilitate the best solution for your needs. Generally how long does it take for a Skilled Worker to get visa approval? The processing time for visa applications will vary according to the visa class being applied for, and the priority order in which the Department of Immigration and Citizenship (DIAC) process applications. Should you choose to retain the services of TCCG Recruitment, we will be able to provide you with an up to date and realistic estimate of how long your application will likely take to be processed. We ensure that all of our clients are kept up to date regarding the Department of Immigration and Citizenships’ application processing policies. Clients will be advised of any changes or delays, which may affect them. Who pays for visa lodgment? The employee will need to pay a Visa Application Charge (VAC) upon lodging their visa application. This charge is payable to the Australian Government. All charges are non refundable (in all but exceptional circumstances) regardless of whether the visa application is ultimately granted or not. Because visa application fees are non-refundable, subject to certain exemptions, it is vital that the migration application process is completed successfully – this will save you time and money 457 Visa Questions What is a 457 visa? A 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis. Please refer to the Department of Immigration and Citizenship (DIAC) for further information http://www.immi.gov.au/skilled/skilled-workers/sbs/ What is the minimum salary requirement under a 457 Visa? The current Temporary Skilled Migration Income Threshold (TSMIT) is $51,440 (including superannuation) How long can sponsored workers stay in Australia on a 457 visa? The maximum period must be specified in the 457 visa application Up to a maximum of 4 years is permitted with a minimum of 3 months. Can a 457 Visa holder apply for a permanent visa? Yes, after 2 years a 457 visa holder can make application for a permanent visa if they wish to work in Australia for more than 4 years Does the job that is being filled qualify under the 457 visa programme? The Australian Government publishes (updated every 6 months) a Skilled Occupations List (SOL). This lists the jobs that are currently in short supply in Australia. Each state and territory also issues its own list of occupations in demand. However it important to understand that many of these job categories are quite broad and therefore quite flexible in their coverage. If the occupation required is not on the SOL then an application for a special inclusion can be made. Please refer to the SOL list for further information http://joboutlook.gov.au/Pages/default.aspx 187 Visa Questions What is a 187 Visa? This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in regional Australia Please refer to the Department of Immigration and Citizenship (DIAC) for further information http://www.immi.gov.au/skills/skillselect/index/visas/subclass-187/ What is the minimum salary requirement under a 187 Visa? The current Temporary Skilled Migration Income Threshold (TSMIT) is $51,440 (including superannuation) What entry streams are available under 187 Visa? 187 visa has three streams. The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market The Agreements stream, which is for people sponsored by an employer through a labour or regional migration agreement What are the requirements under the direct entry stream? Direct entry stream requires the applicant to have the following, • Have qualification and skills relevant to your nominated occupation • Have your skills assessed by the relevant assessing authority if you are nominated as a tradesperson and obtained your qualifications outside Australia • Have competent English Student Visa Questions What is a Student Visa? There are a number of different types of student visas. They are based on the education sector of the main course of study: 570 – Independent ELICOS 571 – Schools 572 – Vocational Education and Training 573 – Higher Education 574 – Postgraduate Research 575 – Non-Award 576 – AusAID or Defence Which student visa is best? This is not a question for TCCG Recruitment to determine. For help on this we suggest you consult an immigration lawyer and/or visit the Department of Immigration and Citizenship (DIAC) website. http://www.immi.gov.au/ What is the assessment process for student visas? The assessment level is determined by the student’s nationality and course of study. Please refer to the Student Visa Program – Assessment Level’s (Formerly known as Form 1219i) for further information http://www.immi.gov.au/allforms/pdf/assessment-levels.pdf What is a 570 Visa? This visa is for international students who want to study English Language Intensive Courses for Overseas Students (ELICOS) in Australia. This includes: Courses that lead to a certificate I, II, III or IV Courses that result in no formal Australian award. Please refer to the Department of Immigration and Citizenship (DIAC) for further information http://www.immi.gov.au/students/students/570-3/ Can a student work under a 570 visa? Yes currently under a 570 Student Visa, once the student has commenced the course of study in Australia, they can work up to 40 hours per fortnight while your course is in session and unlimited hours during scheduled course breaks. What is a 572 Visa? This visa is designed for international students applying to study in Australia and whose main course of study is: a certificate I, II, III and IV (except ELICOS) a VET diploma a VET advanced diploma a vocational graduate certificate or a vocational graduate diploma. Please refer to the Department of Immigration and Citizenship (DIAC) for further information http://www.immi.gov.au/students/students/572-3/ Can a student work under a 572 visa? Yes, currently under a 570 Student Visa, once the student has commenced the course of study in Australia, they can work up to 40 hours per fortnight while their course is in session and unlimited hours during scheduled course breaks. General Skills / Experience Questions How do I know the Skilled Worker has the required skills for my job? The Department of Immigration and Citizenship (DIAC) imposes strict skills, and proof of skill requirements on all relevant visa applications. TCCG Recruitment ensures this criteria is met with every skilled worker, because without these strict requirements being met, the visa application will fail Who sets the Skill Assessment standard? The Skills Assessment Program for each Occupation and Assessing Authority is managed on DIAC’s behalf by the Australian Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). What is DIISRTE’s involvement? DIISRTE apply strict criteria for individual assessment and verification of Skills. Skills Assessment can be done in Australia, or overseas under certain conditions and arrangements. Overseas Assessment is managed by DIISRTE through its Overseas Skills Assessment Program (OSAP) Who are the assessing authorities? The Assessing Authorities vary based on the Occupation. Some examples of assessing authorities include the Australian Federal Government’s Trades Recognition Australia (TRA), VETASSESS, Engineers Australia, ANMAC What does VETASSESS do? For a number of Occupations and Countries, VETASSESS is a TRA approved Registered Training Organisation (RTO) and is working under contract to TRA (the official assessing authority). TRA has delegated specific skills assessments for those Occupations and Countries. In these situations, VETASSESS applies the strict Offshore Skills Assessment Programme (OSAP) criteria to Skills Assessment. In many countries around the world VETASSESS approves RTOs to conduct Skills Assessment under OSAP criteria. These RTOs face strict requirements for initial and on-going approval by VETASSESS (who in turn must do so to TRA, and who in turn must do so to DIISRTE). Are TCCG Recruitment’s overseas labour partners VETASSESS approved? Yes, for further detailed information on this, please refer to “TCCG Recruitment FAQ_Assessment_20121025” What is the Offshore Skills Assessment Programme (OSAP)? The Offshore Skills Assessment Program is an assessment requirement for applicants applying for migration to Australia Please refer to the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE) for further information http://www.innovation.gov.au/Skills/SkillsAssessment/Documents/OSAPGuidelines.pdf What experience is necessary to get a sponsored job in Australia? In general a University qualified applicant will require a MINIMUM of 1-year experience relevant to the nominated position. If the tertiary qualification is less than a degree (i.e. diploma or certificate), then the MINIMUM experience required will be 3 years. If an applicant does not have any tertiary qualifications, then a MINIMUM of 5 years experience (relevant to the nominated position) is required. How can the sponsoring employer be sure that the sponsored employee has the job qualifications necessary for the position? All educational levels are verified. Relevant on-the-job references and experience levels are verified Hands-on practical trade testing is conducted where applicable to the Occupation and Position. Assessment testing is conducted according to DIAC requirements, and in accordance with DIISRTE’s OSAP. Any additional client testing can be conducted; fees may apply; refer to TCCG Recruitment’s Terms and Conditions What character checks are done on sponsored employees? All sponsored employee must be of “good character” to obtain a 457 visa. Police checks are conducted by TCCG Recruitment as part of the visa application process. What other checks are made by TCCG Recruitment before skilled workers come to Australia? Security checks are made on all skilled workers Every skilled worker is given (and must pass) a complete medical check International English Language Test System (IELTS) English testing is conducted on every candidate in accordance with the IELSTS requirement for the Occupation as set by DIAC Behavioural and aptitude testing is available if requested by the potential employer; fees may apply; refer to TCCG Recruitment’s Terms and Conditions What is IELTS? IELTS is the world’s proven English test. Over 1.7 million tests were taken last year enabling candidates to start their journeys into international education and employment. IELTS is recognised by more than 7,000 institutions in over 135 countries. What is the required level of English for a sponsored job? To work in any occupation in Australia a minimum level of English is required but this varies depending on the Occupation The International English Language Testing System (IELTS) is used to assess your language capability. The minimum IELTS level for any employment is 5.0 (out of 10) but some occupations can require a level of 7 (i.e. nursing) Filipinos for example in general speak good English as all their tertiary education is conducted in English All TCCG Recruitment Overseas skilled workers are certified to the required IELTS English level for any occupations to which they are being employed. TCCG Recruitment in Manila also puts all successful candidates through Australian Colloquial Language training Skills Assessment Australian Immigration (DIAC) maintains and publishes a list of “OCCUPATIONS, LOCATIONS, SALARIES, AND RELEVANT ASSESSING AUTHORITIES” for Employer nominated visas (eg 457). DIAC impose strict Skills, and Proof of Skills, requirements on all relevant visa applications. Without all of these, the visa application will fail. The Skills Assessment Program for each Occupation and Assessing Authority is managed on DIAC’s behalf by the Australian Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). DIISRTE apply strict criteria for individual assessment and verification of Skills. Skills Assessment can be done in Australia, or overseas under certain conditions and arrangements. Overseas Assessment is managed by DIISRTE through its Overseas Skills Assessment Program (OSAP). The Assessing Authorities vary based on the Occupation. Assessing Authorities include the Australian Federal Government’s Trades Recognition Australia (TRA), VETASSESS, Engineers Australia, ANMAC, etc. For a number of Occupations and countries, VETASSESS is a TRA approved RTO and is working under contract to TRA (the official assessing authority). TRA has delegated specific skills assessments for those Occupations and Countries. In these situations, VETASSESS applies the strict OSAP criteria to Skills Assessment. In many countries around the world VETASSESS approves Registered Training Organisations (RTOs) to conduct Skills Assessment under OSAP criteria. These RTOs face strict requirements for initial and on-going approval by VETASSESS (who in turn must do so to TRA, and who in turn must do so to DIISRTE). TCCG Recruitment’s overseas labour sources are VETASSESS approved (and registered to operate as an RTO within their country). Consequently, the RTOs conduct Skills Assessment according to the strict OSAP criteria as if the Assessing Authority itself was conducting the Assessment. These RTOs: • Are well established and have significant relevant experience • Have significant long-term experience with OSAP across most DIAC nominated Occupations • Have established in-country and Australian connections with Assessing Authorities outside of VETASSESS • Have established connections with in-country and Australian Migration Agents and Lawyers • Have established connections with overseas government Immigration authorities, and DIAC (in Australia and at their overseas offices) Where VETASSESS is not the Assessing Authority in that Country for that Occupation (eg only ANMAC can assess and verify Registered Nurses for work in Australia), our overseas RTO will liaise directly with that Assessing Authority on behalf of the Skilled Worker for Skills Assessment and Pre-Qualification for visa approval. Whilst each Occupation requires specific Skills Assessment under OSAP, the areas of demonstrated Skills cover: • Only a TRA approved RTO can be used for a skills assessment to meet DIAC requirements • Approved RTOs must be able to verify the content of all documents that are provided • For documents certified outside Australia, certified copies are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which they are provided or by an Australian registered migration agent • Submission of documentary evidence for each candidate. OSAP requires the following for each candidate: You must submit decision ready* documentary evidence of your identity, skills and experience to a TRA approved RTO for assessment. The RTO will tell you what documentation they will require you to send (based on the specific Occupation). Documentation may include: • recent photographs – passport-sized, certified and dated • relevant passport pages – certified copy (must show name, photo and date of birth) • evidence of skills and experience, including but not limited to training documents, evidence of employment and employment statements, official certificates of qualifications • certified English translation of any documents you send, if originally issued in a language other than English, compiled by a registered • • translation service • your assessment fee • IELTS (English language assessment) in line with the ANZSCO code for Australian visa requirements You will need to demonstrate at least three years full-time paid employment in a relevant and directly related trade, including 12 months full-time paid employment in the nominated trade in the two years prior to lodging your application. If the evidence you provide indicates that you have the necessary skills and experience relevant to your nominated occupation, you will be invited to participate in a technical assessment with an RTO assessor. If your documentary evidence does not sufficiently demonstrate your skills and experience relevant to the nominated occupation, the RTO will advise you of gaps identified. * Decision ready means: a) all documents requested by the RTO are provided when you lodge your application b) all documents are certified c) employment statements conform to the requirements • Technical assessment, in which the Skilled Worker will be required to participate in an assessment of skills and knowledge specific to the Occupation • The assessor conducting the assessment will be a qualified Australian tradesperson from the specific trade and a qualified assessor • The assessor will focus on collecting evidence to determine if the requirements of the relevant Australian Training Package qualification are met. This may involve a technical interview, a practical demonstration of skills and/or gathering evidence from third parties (e.g. employers or other referees nominated) • The RTO will discuss the assessment requirements with each skilled worker prior to conducting the assessment • All technical assessments must be conducted in English. Interpreters are not permitted • TRA approved RTO assessment outcome provided, in which the TRA approved RTO will issue documentation notifying of the outcome of the assessment • If successful, the Skilled Worker will receive a skilled migration outcome letter that can be presented to DIAC with the relevant visa application. The Skilled Worker will also be awarded the relevant Australian trade qualification • If unsuccessful, the RTO will advise of gaps identified in skills and experience, and may engage with you to bring these to a level where a future Skills Assessment will provide a skilled migration outcome letter Individual Employer requirements, such as additional skills, experience, demonstrated ability, additional English language skills, or qualification requirements, etc. can be included as non-OSAP Skills Requirements for specific positions. In these cases, assessments additional to the OSAP requirements will be performed. Additional TCCG verifications and services include, but are not limited to: • In-country Security checks • Reference checks • Video Profile, which may include demonstration of technical and/or trade ability In all cases only Skilled Worker candidates that meet each of these requirements (the OSAP requirements, have a skilled migration outcome letter, and have met the individual employer additional requirements) will be passed onto to Employers for consideration. In this way, TCCG-supplied resumes for consideration by Employers will be “Visa ready” and will meet the Employer’s total specific requirements. |