- Background Information
- Policy Purpose
- Application of Policy
- Policy Provisions
- Further Information
- Further Assistance
1. Background Information
One of the University's key stated priorities is to recruit outstanding staff who can contribute to the Mission of the University and the achievement of its strategic goals. The University recognises that from time to time, such staff may be recruited from overseas.
2. Policy Purpose
The purpose of this policy is to clarify immigration and visa issues involved in appointing staff from overseas. Staff should also refer to the University 'Staff Recruitment and Selection Policy and Procedures' and 'Travel Expenses and Relocation Allowance Policy' in the context of these arrangements.
3. Application of Policy
This policy applies to continuing, fixed term and visiting appointments to the University made from overseas.
Appointment of staff from overseas must be approved in accordance with the relevant University Delegations.
5. Policy Provisions
Where recruitment from overseas is likely, and the position is between twelve months and three years in duration, the organisational unit concerned should contact staff of the Human Resources prior to commencing recruitment action.
5.1 Employer Nomination and Permanent Residence
The University may nominate appointees from overseas for permanent residence where they have been appointed to a full-time position of three years or more at the University.
5.2 Visas and Sponsorship
The University may provide visa sponsorship for persons appointed from overseas to full-time remunerated positions of three months or more at the University. Visas must be arranged before an appointee departs from overseas for Australia. A person appointed from within Australia must obtain visa clearance before commencing duties.
5.3 Visiting Appointments
Non-remunerated visiting academics from overseas may be appointed for up to twelve months' duration. Extensions may be sought for an additional twelve months.
The types of visas which may be issued to appointees from overseas are subject to an agreement between the Australian Vice-Chancellor's Committee and the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA).
All correspondence with DIMIA must be directed through staff of the Human Resources. No arrangements for the appointment of overseas staff members should be finalised without prior consultation with staff of the Human Resources.
In addition, it is the responsibility of the employing organisational unit to ensure that, prior to arranging casual employment, the visa status or citizenship of non-residents is verified for current work permits. Employees cannot work beyond the expiry date of their visa and cannot be paid thereafter.
Where the University makes an offer of employment to a proposed employee the visa must be sighted and copy stored in personal records.
5.5 Visa Types
The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) continually updates immigration policy and procedures. Contact with DIMIA is managed by staff of the Human Resources who can advise on the most appropriate way to obtain the necessary visa clearance.
The main visa types appropriate to the University are:
- Permanent Residence
Permanent residence may be appropriate for staff who are offered appointment to full-time continuing or fixed term positions of not less than three years, subject to meeting the requirements of DIMIA.
- Temporary (Long Stay) Business Entry: Class 457
The Temporary (Long Stay): Class 457 Visa provides for streamlined entry to Australia of sponsored employees on a temporary basis without labour market testing requirements.
- Temporary Residence-Educational: Class 418
Temporary residence: (Class 418) may be appropriate for staff from overseas on full-time, remunerated fixed term appointments of more than three months in duration. Labour market testing may be required.
- Temporary Residence-Visiting Academic: Class 419
Visiting academic (Class 419) may be appropriate for persons where the following criteria have been satisfied:
- The visiting academic has been invited to visit an Australian tertiary institution to observe and participate in research projects;
- Any teaching to be undertaken can only be on an ad hoc non-formal basis and where it is clear that this could not be performed by a suitably qualified local resident;
- The visiting academic provides a copy of an invitation from the University in relation to the proposed visit to the appropriate Australian embassy or consulate;
- The visiting academic will not be receiving a salary, scholarship, stipend or allowance other than living expenses;
- The requirements of DIMIA, including evidence of a bona fide temporary stay and health.
5.6 Labour Market Testing
Evidence of labour market testing may be required if a staff member is applying for a Temporary Residence-Educational Visa: Class 418.
Labour market testing involves advertising the position over a four week period during the eight weeks prior to lodgement of sponsorship of a visa. The advertisement must be inserted on at least two occasions in the Saturday and/or Wednesday editions of a national daily newspaper or a metropolitan daily newspaper (a total of four advertisements).
5.7 Employer Nomination Scheme
The Employer Nomination Scheme allows the University to recruit, on a permanent basis, staff from overseas or temporary residents currently in Australia, when they have been unable to fill a 'highly skilled' position from within the Australian labour market or through its own training programs.
The Employer Nomination Scheme consists of two stages which are:
- nomination by an employer
- nominee's application for a visa
The University may make employer nominations for staff who have been offered appointment to a continuing position or to a fixed term contract of three years or more.
Staff of the Human Resources make the employer nomination under the Employer Nomination Scheme on receipt of the acceptance of an offer of appointment made to an applicant from overseas.
The University may sponsor, for temporary residence, persons who are offered remunerated, full-time, fixed term contracts of employment with the University.
Staff of the Human Resources lodge the appropriate documentation with DIMIA, together with the required fee, the cost of which is charged to the relevant organisational area. If all criteria are met, DIMIA advises the appropriate Embassy or Consulate which authorises the issue of a visa, subject to normal migration checks.
5.9 Health Cover
Heads of organisational units should be aware that the University makes certain undertakings in respect of temporary residence sponsorships for new appointees and visitors. For example, the University may be responsible for health costs or repatriation should a health problem occur. Any such costs shall be charged to the relevant organisational area.
Appointees are required to have medical insurance, either through their own country, through Medicare or through private insurance. Visiting academics on Class 419 visas and employees on Class 418 visas are not eligible for Medicare benefits unless their country of residence has reciprocal rights.
Appointees from overseas must provide evidence that they possess appropriate medical insurance prior to commencing employment with the University.
Salaries are subject to Australian taxation, subject to the TFN declaration submitted by the appointee or other ATO advice. The terms of other arrangements, such as double taxation agreements vary between countries and appointees should ascertain the situation in their country of origin prior to accepting an offer.
6. Further Information
Further information regarding requirements of the Department of Immigration and Multicultural and Indigenous Affairs may be found at www.immi.gov.au
The University will develop a process for reviewing the effectiveness of this policy. Where applicable, the review will take account of changes in relevant legislation affecting immigration and changes to other relevant University policies and procedures. Any staff member wishing to suggest improvements to this policy is invited to forward their suggestions to Human Resources.
8. Further Assistance
Any staff member who requires assistance in understanding this policy should first consult their nominated supervisor who is responsible for the implementation and operation of these arrangements in their work area. Should further information or advice be required staff should visit Service Central.
- Appointment of Overseas Staff Policy (Policy, PDF File, 92.7 KB)
|Policy applies to||
|Approval Authority||Vice-Chancellor And President|
|Governing Authority||Chief Operating Officer|
|Responsible Officer||Director, Human Resources|
|Date of Last Revision||01/01/2014|
|Effective Date of Last Revision||01/01/2018|
* Unless otherwise indicated, this policy will still apply beyond the review date.
Related Policies, Procedures, Guidelines and Local Protocols
Staff Recruitment and Selection Policy and Procedures
Travel Expenses and Relocation Allowance Policy
Page last updated: 2018-11-21
Short url: https://policies.acu.edu.au/169273