Over 2.2 million people are now in possession of temporary visas in Australia, the majority of whom can work. Because of this, they make up a considerable section of the population of Australia that is of working age and account for 10.5 million of the total. As a result, they are a very important pool of workers for Australian companies. There are now 138,000 people in Australia who possess a 457 visa, which is sponsored by their business. Many HR professionals are well familiar with this visa.
Because the employer will sponsor the visa, companies often have a strong grasp of what an employee with a 457 visa is able to do and the date that the visa will expire. Despite this, 457 visas make up less than 10% of the overall number of temporary visa holders in Australia; hence, keeping track of those who possess 457 visas only covers a very minor portion of the issue. As of the month of June in 2018, there are over 120 distinct categories of visas. Therefore, certain types of temporary visas do not pose a risk to the employment of staff?
Overstayers
People who overstay their visas, that is, people who stay in Australia without having any form of visa, are the most dangerous kind. Over 62,000 of these individuals are currently residing in Australia. A study that was just released by the ANAO estimates that 17,000 of them have overstayed their visa for more than 15 years. Even if your employee seems to have no trouble fitting in at all with Australian culture, there is still a possibility that they have overstayed their visa for an extended period of time. Over 600,000 tourists can possibly be in the country of Australia at any moment. Some visitors get permission to engage in “business visitor activities,”. This may include the investigation of potential business possibilities in Australia; nevertheless, no visitor visa grants the applicant authorization to work in Australia.
Bridging Visas
As of December 2017, there were about 160,000 people in Australia who were in possession of bridging visas. The holder of a bridging visa can get permission to remain in Australia while their application for a visa allowing them to remain there for a longer period of time is in process by the Department of Home Affairs. They grant work authorization to many people on bridging visas. Bridging visa holders, on the other hand, only have 35 days to leave Australia in the event that their primary visa application is denied. Employers will be unaware of this information unless they routinely verify the visa status of their employees.
Student Visas
As of the end of the year 2017, there were 383,000 people in Australia who had student visas. The majority of students have job conditions that permit them to work a maximum of 40 hours every two weeks. This happens throughout the academic year and full time during the break between semesters. On the other hand, some people have no work rights while others, such as parents who are caring for their children on student guardian visas, do have the ability to work.
Student visas are only good for the length of the student’s program of study; however, it is quite normal for students to switch their status during their time in school. Either to a new student visa or to another kind of temporary visa. Students risk having their visa revoke if they do not attend any of their scheduled classes. If companies do not routinely verify the immigration status of their employees; they will be unaware of the existence of difficulties of this nature.
Graduate Temporary Visas
Students who have successfully completed their studies in Australia may be qualified to apply for a graduate temporary subclass 485 visa. This visa typically allows the student to remain in Australia for either 18 months or 2 years while maintaining full employment rights. The length of time that the visa is valid for is determined by the type of program that was successfully completed. It is normal practice for students to subsequently submit an application for permanent residency if they meet the requirements. It is also standard practice for students to submit an application to continue their education. This will result in a reduction in their employment privileges to less than full time.
Working Holiday Makers
In Australia, there are around 140,000 people who are working while they are on vacation. They let working holidaymakers work full-time. Although there is a limit to serving a single employer for a maximum of six months. If you find work in one of Australia’s rural areas during your Working Holiday Visa. You may be eligible for an additional year of visa extension time. In this scenario, they have the option of continuing to work for the company for another six months.
Temporary Partner Visas
There are also a considerable number of people in Australia who possess temporary partner visas; our estimates place the total at over 90,000. Temporary partner visas appear to be relatively secure at first. Since they come with full employment rights and typically lead onto permanent residency. However, if the partnership ends, this can result in the denial of the permanent stage. And the temporary visa will expire within 28 days after the refusal. As a consequence of the fact that it might not be in the best interests of the employee to reveal this information to their employer, the employer might be inadvertently employing someone in violation of the law.
New Zealand Nationals and Residents
On arrival in Australia, citizens of New Zealand are often granted a visa known as a Special Category Subclass 444, which permits them to reside in the country forever and with full employment rights. There are over 662,000 nationals of New Zealand living in Australia. The majority of companies in that country say it is a safe bet to hire people of New Zealand. However, during the past several years, there has been a discernible increase in the number of cases. In which New Zealand nationals have had their visas revoked and have been removed from Australia. This indicates that caution must be exercised even when dealing with New Zealand nationals.
457 Dependents
Applicants with a valid 457 visa can add their family members in their application. In most situations, this would consist of the husband and any children. But in other circumstances, it can also include the parents. These dependents of people holding 457 visas can work legally in Australia. The dependent 457 visa, on the other hand, is susceptible to cancellation in the event that the primary visa holder quits their employment or the marriage or domestic partnership dissolves. There is absolutely no way for an employer to be aware of this. Unless they routinely verify the visa status of its employees.
Visas for Other Temporary Stays
In addition to the visa categories described above, there is a plethora of other temporary visas that provide a variety of employment permissions. The employers will pay for some of them. Examples include:
- Skilled Regional Provisional Visas: You get them for a period of four years and they restrict the holder to working solely in particular regional areas.
- Business Provisional: People who may want to create a business or invest in Australia are eligible for the Business Provisional visa.
- Training and Research Visas: They are for those who wish to participate in academic research in Australia or who wish to complete an occupational traineeship in Australia.
- Training and Research Visas: They are for those who wish to participate in academic research in Australia or who wish to complete an occupational traineeship in Australia.
Conclusion
Businesses in Australia have access to a valuable resource in the form of individuals holding temporary visas. On the other hand, due to the Employer Sanctions Act of 2013, which places hefty fines on businesses that do not check the immigration status of their workers before and throughout employment, there is a high danger of hiring an employee in violation of the law.
