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MIA Notice 80:2015: 2nd WHV payslips required; 457 processing; Reporting unregistered practice

MIA NOTICE

80:2015  3 September 2015
Second working holiday visa – Payslips to be provided

From 31 August 2015, all applicants for a second Working Holiday Visa must provide pay slips as evidence of the appropriate remuneration required these subsequent visa applications This will help the Department ensure that work undertaken by WHV holders is performed in accordance with workplace law. All Australian employers are legally required to provide their employees with pay slips.

Work performed before this commencement date will not require pay slip evidence.

Electronic copies of applicants pay slips can be uploaded as attachments to their online second WHV application, or hard copies can be provided with their paper application.

Pay slips need to show that the participant’s specified work was paid work and that the pay was in accord with the basic pay entitlements employees should receive when working in Australia. Australian rates of pay can be found on the Fair Work Ombudsman website.

Voluntary work will not be accepted for this purpose.

More information on employer obligations and pay slip evidence can be found here

More information on second WHVs can be found on the Department’s blog here

 

457 Applications – Service standards and processing issues

The Department’s website is currently showing 457 service standards as 2 months for low risk and 3 months for high risk countries. Although some members are reporting much faster service than this, certain types of applications are being delayed.

Members are reminded that lodging an assessment ready application and having medicals completed promptly is the best way to ensure the application is processed in the shortest time possible.

Reports from recent discussions with the 457 processing centres show the most common reasons processing is delayed are:

  • incomplete supporting documentation requiring a request for further information to be generated
  • security checks taking longer than service standards
  • no supporting evidence to demonstrate the genuine position requirement
  • nominated occupations not consistent with the nominating business eg corporate general managers, sales and marketing managers, customer service managers, training managers and project administrators, in small businesses, especially where the owner is also working in the business
  • recent identification of at least 10 ‘fake’ organisations attempting to access the 457 program has required increased scrutiny of applications.

 

After lodging 457 applications an automated response is generated which provides extensive information to the applicant/RMA including:

  • processing status requests
  • current allocation/Processing times
  • request for urgent assistance or priority allocation
  • pre-lodgement enquiries
  • current issues
  • lodgement of applications
  • assessment ready applications
  • submitting supporting documents
  • updating your passport or personal details
  • relationship breakdown
  • bridging visas
  • babies born in Australia
  • lodging assessment ready applications – The Health Requirement
  • retrieval of TRN
  • cessation of work
  • superannuation
  • condition 8547 waiver requests
  • withdrawal of applications

 

Emails to the 457@border.gov.au address should be answered within 7 days. Requests for processing updates will not be answered when applications are still within service standards.  Information on requesting urgent assistance or priority case allocation is contained in the auto response.

While the Department provides this information to the MIA, there are a number of unresolved and persistent issues including collective case management, requests for further information and subsequent 28 day wait for the file to be accessed again, requests for unnecessary information or information already attached, and overall processing delays.  The MIA continues to bring these issues to the attention of senior department managers and directors at every opportunity on behalf of MIA members.

Reporting unregistered practice

There have been several recent requests to the MIA for information on how to report incidents of unregistered migration practice.  These can be reported by sending the details to:

National Allegation and Assessment Team

Department of Immigration and Border Protection

GPO Box 241

MELBOURNE

VIC 3001 

Additional or further details in relation to these matters, can be lodged through an online report here.

Alternatively, information can be provided by phone or fax on the following toll-free numbers:

Phone: 1800 009 623

Fax: 1800 009 849