Changes in Australian Employer-Sponsored Visas

The current immigration atmosphere in Australia is characterized by increased processing time, monitoring audits, and stricter assessments for employer-sponsored visas.

### Australia Employer-Sponsored Visas: Current Status, Future Changes, and Application Tips
* 📈 Due to the increased number of applicants moving from skilled visas like **190, 491, or 189**, the processing times for E-482, E-494, and E-186 employer-sponsored visas have **significantly slowed down**.
* 🎯 Priority is given to assessing employers in regional areas, resulting in **faster processing times for regional applicants** and **longer waiting times for those outside regional areas**.
* 🕵 Immigration authorities are conducting more monitoring audits to verify if visa holders are genuinely **working at the nominated positions** and **receiving the specified salaries**.
* 💼 Common audit procedures include unexpected visits to the workplace by Border Force employees and checking **employment contracts, payslips, rosters, and superannuation payments**.
* 📅 Starting from July 1st, the minimum salary requirement for the 494 subclass visa will increase from **$70,000 to $73,150** due to the Consumer Price Index (CPI) adjustment.
* ❌ The rejection rate for employer-sponsored visas has significantly increased, with the main reasons being **doubts about the genuine need for the visa applicant in the company** and **financial concerns**.
* ⚖ Fortunately, the Australian immigration system allows rejected visa applicants to appeal the decision to a third party, providing a chance for a **fair review**.
* 📝 To increase the chances of a successful visa application, it is crucial to **thoroughly prepare and submit convincing documents** tailored to **individual and company needs**.

Hello everyone, I'm Jeongmin Lee, a lawyer and the representative of Select Australia. You must watch this video from the beginning to the end because it contains very important information. In this video, we have prepared a concise overview of the current immigration atmosphere regarding the highly anticipated employer-sponsored visas, how things are progressing, and what changes are expected in the future. The reason I decided to prepare this video now is that in the previous video, we discussed skilled visas such as 190, 491, or 189. However, when it comes to obtaining permanent residency in Australia, there are two main ways: skilled visas and the employer-sponsored visas that I will talk about today. So, let's delve into this topic.

After watching this video, I realized that it's really not easy, and it must be very challenging for those who are now turning their attention to employer sponsorship. I think many people might be curious about this, so today, I will talk a bit about employer sponsorship. However, I won't cover how each visa is processed and what conditions need to be met, as we have already made videos about the E-4, E-494, and E-186 visas in the past. I recommend watching those first to have a basic understanding before watching this video. So today, I will discuss employer sponsorship E-482, E-494, and E-186 visas. Let's talk about the immigration atmosphere these days.

I'm trying to do it. First of all, many applicants are flocking to this employer sponsorship visa because those who did not receive an invitation at 10491 180 are moving to this employer sponsorship. So, the number of applicants here is increasing significantly. Just until about the beginning of the year, the processing time wasn't that slow. But these days, the processing time for 482, 494, and 186 has been significantly delayed. Especially for 186 and then 48, in cases where the employer is not located in a rural area, meaning those who do not work in rural areas, the processing time these days has been delayed too much. Therefore, you should consider a longer processing time. For example, in the case of ENS, if it's not in a rural area, you should consider a processing time of up to 1 to 1 and a half years these days. If it's in a rural area, it seems to have sped up a bit.

So, if it's fast, it seems like things can be wrapped up in about three months these days. In the case of a TSS visa, for those in rural areas, it seems to take only about one to two months, and for those not in rural areas, yes, it's a TSS, but it seems you should wait about six months. And for the 482 visa, since it's a visa that can be applied for by an employer in a regional area, yes, even for the 482 visa, it seems to be finalized between three to six months these days. So, the most prominent feature of what is happening in immigration right now is exactly this. They first assess the employers in regional areas. Therefore, for those in regional areas, the visa process seems to proceed a bit faster, while those not in regional areas are pushed back in priority and need to wait a bit longer. Yes, you can summarize it like this. And secondly, in immigration right now, a lot is happening.

One of the things happening is monitoring. What is monitoring? It's basically an audit. We also call it osi or monitoring. If someone is doing tss or gui, we go to the company of Bulse Yi Minseong. This is the process of our audit or monitoring. Nowadays, during the ENS review, monitoring seems to be almost everything. So, of course, there are cases where monitoring is not done and used. Since we have many cases of employment sponsorship, when we see this, there is a high probability of applying for monitoring at the immigration office to check if the person is actually doing the job, the person's salary, and working hours. Even if it is approved, this trend is likely to continue in the future.

It seems that those who have already been approved without receiving monitoring so far are probably lucky, but those who are still waiting may need to wait for monitoring to be approved. It seems that they should keep their hopes up. Also, in the case of TSS, it seems that monitoring is not conducted before the TSS is received, and after receiving the TSS, the person will check whether it is right or not to work at this company while receiving the position and salary mentioned in the TSS. They may also visit unexpectedly to confirm this. The reason for this is that the number of applicants who apply for ins, TSS, or 494 employer sponsorship pretending to work here even though they are not actually working at this company has increased significantly. Probably because it is difficult to obtain permanent residency through other visa types such as 10 or 4, they tend to concentrate on this employer sponsorship.

It seems that even within that, there are now many cases that are not true. So, it seems like we are starting these monitoring investigations to filter out these cases. So when the investigation comes, when the monitoring comes, how does it come? Border Force employees, dressed in uniforms, come like this. Sometimes one or two people come, and sometimes even more, like four people. Before they come, they don't tell us when they will come, they just come suddenly one day. They come to ask the employees there whether the person who applied for a safari visa has been approved or the person who applied for a work visa has been approved. They ask if that person is working there and if that person is present there. So, if that person is working there on that day, there is no problem. But if that person is not working on that day, it could be a day off, they could be on vacation, or there could be various reasons.

It could be possible. You just need to prove that. However, no one there, including the employees, knows this person. Then it seems suspicious. Our viewers and our customers, yes, I believe that you have applied for a TSS visa from the company where you work, so I think such an unpleasant incident will not happen. Anyway, the first thing to check is whether this person is really working at this company, which is the first verification factor now. And the second is to check how much salary this person receives because when applying for a TSS visa, the employer sponsor must submit an employment contract. Currently, the minimum is 70,000, right? Surely, they must have submitted an employment contract for more than this amount. It must have been clearly stated in the employment contract how much they will receive when they work for a few hours, and this should have been clearly stated in the nomination.

Let's check if we are doing this. So, we confirm the payslip, and in the case of a company with a roster, we check the roster. So, we need to verify if this is true or not. Let's confirm this, and then the most common thing to check nowadays is superannuation. Therefore, if you are not paying your pension, you need to know that it is a legal matter. Are the wages going well? Are the super contributions being made correctly? Confirming this is the second element. Next, in the third case, many people may not know this, but if you are the employer and you sponsor your employees, you have obligations as a sponsor. What are these obligations? When Immigration asks for documents or requests something, you should be able to provide the required documents and not refuse. So, if an immigration officer asks for a payslip or a roster at that moment...

This is how it was done, but if you reject that, it becomes difficult for the sponsor's obligations. Also, there might not be any documents on that day. The CEO may not be available that day, so contact is made based on that impression. Until when should you send the necessary documents via email? You should send them by that day. If you don't send them, it becomes difficult for the sponsor's obligations. Therefore, monitoring is conducted to verify whether the obligations of the sponsor contract are being fulfilled. So, this monitoring naturally should go smoothly, but if you are doing everything correctly according to the law, there is no problem. There is no need to be afraid. I am not saying this to scare you, but because the current atmosphere is like this, you need to be prepared for this and not be too surprised when it happens. Otherwise, you might make mistakes. It's human nature.

Even if there is no criminal record, someone coming in wearing a robe like this and asking for documents can be confusing, right? Our subscribers may feel confused, so I wanted to let you know that this is a common process these days. It's not because I did something wrong and they are coming to our store. If you are aware of this, things will smoothly transition. Then, almost immediately, the ENS visa is approved. But if something suspicious arises here, like not providing certain documents or if it seems like this person is not actually working, suspicions may arise.

It could be that at the moment of application, there may be a lot of documents required, and ultimately, if the visa is not approved, it could be denied, leading to such a situation. So, it could really escalate to the worst-case scenario. That's why it would be good to be aware of these things, the current atmosphere in immigration. After July 1st, there are several changes happening. Regarding the TSS, there is good news. As I mentioned in the last video, starting from November 23rd, for TSS applicants, the full-time work experience requirement has been reduced from 2 years to 1 year. So, this is now confirmed and likely to be implemented. Also, among the laws that will be enforced starting from July 1st, there is one piece of bad news. This may be good news as well, but now Australia has measured the CPI, the Consumer Price Index, and it has increased. So, for the TSS visa...

When applying for a 494 subclass visa, the current minimum salary is $70,000. Due to the Consumer Price Index (CPI), this will increase to $73,150. So, $73,150 will be the new minimum salary. Now, when does this start? It starts on July 1st, where all ENS TSS 494 nominations that are lodged will be affected. What this means is that for those who applied for these three types of visas with a $70,000 nomination before July 1st, it won't matter. However, for those who apply after July 1st, they will need to adjust to the new salary amount. Lastly, employer sponsorship is becoming more stringent these days. The processing time has increased, and there are more monitoring audits. One more distinct feature is that the assessments have become more stringent. Therefore, the rejection rate is significantly higher compared to the previous years.

It has increased significantly. There could be various reasons for this, but it seems like there is a lot of suspicion from the immigration office that even though this person may not actually be needed, the visa was granted to help this person. Probably because it's difficult to obtain permanent residency through other means, many people seem to be leaning towards this direction. Then, there is a lot of suspicion about whether these people are really needed by this company for the visa. So, the two main reasons for most rejections are: firstly, we don't believe this person is really necessary for the company. No matter how thoroughly prepared, in cases like employer sponsorship, it's one of the visas that immigration can subjectively evaluate. So, when the immigration officer considers the case, no matter how much evidence we present and insist that this person is truly needed by us.

When this judge personally thinks that it is not necessary to hire Australians, they can reject the employment, right? This is one of the powers that Minjeong has. Secondly, one of the most common reasons for rejection is financials. If the company offers this person $70,000 plus 11% pension, it means giving $80,000 a year. Can this person maintain the company for the next few years by receiving $80,000? Does the company have the economic ability to match this person's salary? This company has a lot to say about this. This can also be seen as a subjective judgment in terms of immigration. The company provides the compiled financial data so far, which is about the income that has already occurred, and also about how much the company will earn in the future.

In fact, it is difficult to predict due to the future. I don't know what will happen tomorrow, let alone what our company's annual revenue will be for the next 1-2 years, and how can we predict it 100% accurately, right? Even though the sales have been good so far, as seen in Lee Min-seong's case, the annual revenue or the current company structure, we do not see the company as strong enough to give this person a salary increase of 70,000 dollars, 80,000 dollars, or even 90,000 dollars in the future. This is how we reject it. Therefore, the accounting data must be carefully reviewed first, and then we need to know what companies are like in the future. For example, if there is a business expansion in a company or if there are new contracts, or for instance, in the case of a restaurant, if we are going to expand the opening hours, there are various things we need to consider.

The company can continue to grow in the future, and then we will need a lot of documents to prove that this person is really necessary. It seems like you need to submit them. But again, even if we do this, if Immigration Services doesn't agree, they can reject it. So, it's really unfortunate, and personally, it doesn't feel good. And if your visa is rejected, it's not the end of the world. You won't be deported to Korea right away. Fortunately, one of the good advantages of the Australian immigration system is that you can appeal. So, this appeal system is really good because it feels very unfair to be rejected by Immigration Services like this.

So, instead of appealing to the Immigration Office, I will appeal to the third party. Please review our case again. It seems like there was a mistake in the Immigration Office's decision, so I am requesting a reevaluation. In this reevaluation, we will objectively review whether the Immigration Office made a mistake or a correct judgment. Also, since my bridging visa is still valid, you can review the results while staying in Australia. So, in conclusion, for all of you employers, sponsoring is a very good option. However, nowadays, there have been many more applicants, increased monitoring by the Immigration Office, and the assessment has become a bit more stringent. Therefore, you need to be well prepared for the visa application process. It's natural to think that just because I worked here and this person is needed by the company, it will all work out, but it's not that simple.

It's not about visas, everyone, so you shouldn't think of this visa so easily. You need to prepare thoroughly and convince the government. That's the kind of visa. Nevertheless, if you meet the conditions right away and the employer is okay, it's one of the visas you can enter immediately, rather than the skilled immigration 10491 89, and it's also one of the ways to receive permanent residency a lot. Therefore, you should consider preparing for this visa support carefully. Various visas like this may require different documents for each individual and each company. Therefore, you must consult and proceed according to your own needs and your company's requirements. If you need personal consultation, we always have a link under More where you can apply for consultation. Please apply for consultation there. If this video was helpful,

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Australian Dream By Cindy

The Current State of Employer-Sponsored Visas in Australia

The demand for employer-sponsored visas like E-482, E-494, and E-186 is increasing significantly, leading to a substantial delay in processing times, especially for non-rural areas.

Processing times for visas are much faster for applicants in rural areas compared to those in non-rural areas, with some visas being finalized in about one to two months in rural areas, while taking up to six months for non-rural areas.

Employers in regional areas are given higher priority in the visa assessment process, causing a faster progression for visas associated with regional employment.

The Significance of Monitoring in Visa Applications

Monitoring, also known as OSI, is becoming increasingly crucial in visa applications, especially for employment sponsorships.

It involves checking the applicant's actual employment status and salary to filter out fraudulent cases.

Border Force employees conduct unexpected visits to the workplace to verify the applicant's presence and employment conditions, aiming to ensure compliance with the visa requirements.

The rise in monitoring investigations is a response to the growing number of fraudulent applications for TSS and 494 employer sponsorships, emphasizing the need for thorough verification.

Responsibilities and Obligations in Employee Sponsorship

Verifying payslips and rosters is crucial for ensuring proper wages and superannuation contributions.

Employers have a legal obligation to provide necessary documents to immigration officers when sponsoring employees.

Failure to fulfill sponsorship obligations can lead to difficulties and suspicion during the immigration process.

The TSS full-time work experience requirement has been reduced from 2 years to 1 year, starting from November 23rd.

Starting July 1st, the minimum salary for the 494 subclass visa will increase from $70,000 to $73,150 due to the Consumer Price Index.

After July 1st, ENS TSS 494 nominations lodged will be affected by the salary increase, with new applicants needing to adjust to the higher amount.

Additionally, there is a growing stringency in employer sponsorship, leading to increased processing times and higher rejection rates, mainly due to suspicion regarding the genuine need for the visa applicant.

The Power of Rejection in Australian Employment and Immigration

An individual judge in Australia has the power to reject employment based on their personal opinion.

The company's financial ability to meet a specific salary demand can result in rejection and is subject to subjective judgment in terms of immigration.

Fortunately, the Australian immigration system allows for appeals in the case of rejection, providing a chance for reconsideration.

Appealing to a Third Party for Immigration Case Review

The speaker plans to appeal to a third party for a reevaluation of their immigration case.

The process will allow them to stay in Australia while their case is being reviewed.

The message emphasizes the increasing complexity and stringency of the visa application process, advising thorough preparation and consideration of visa options.