2015-Mar 13: Assessing Work to Residence Applications

Visa Pak 202: Advice for staff assessing Work to Residence applications to ensure an approach is taken to include issues that may arise at Residence stage.

Visa Paks

13 March 2015

Assessing Work to Residence Applications

As work-to-residence (WTR) visa applications lead to residence it is important that immigration officers (IOs) consider the entire process from the time the work visa is lodged to the time the residence visa is granted. Also, IOs will need to assess some aspects of the work visa application to a residence standard.

Assessing applications under WR3 Long Term Skill Shortage List work instructions

It is extremely important that when IOs are assessing applications under WTR instructions (WR3) that they carry out any verification necessary to ensure that the job offer meets the specifics for that occupation and the applicant is suitably qualified by training and/or experience to undertake the offer of employment (including any specific requirements set out in the LTSSL).

This assessment cannot be done retrospectively at the time the client applies for residence under RW4 instructions as it is not required by RW4 instructions. Instructions RW4 set out the requirements for issuing a residence visa for holders of work visas granted under the long term skill shortage list and instructions RW4.5 set out the evidential requirements. Therefore, failure to do this at the temporary-entry stage could result in someone erroneously qualifying for residence.

If a visa has been granted erroneously under WR3 and when the residence application is lodged the requirements at RW4 are met then normally the residence application would be approved.

Assessing applications under WR1 Talent (Accredited Employers) Work instructions

IOs assessing applications under these instructions need to ensure that the applicant has been offered a minimum base salary of $55,000 per annum. This salary should be based on a 40 hour week as per the note in immigration instruction WR1.10. This cannot include benefits, superannuation contributions, commissions, allowances, etc. Any hours in excess of 40 hours per week must be compensated through either a formal system of time-in-lieu documenting these hours or by paying an effective hourly rate of $26.44 or more.

Assessing Character and Health under Work to Residence instructions

If medicals need to be referred to the Medical Assessor they should be referred on a residence referral sheet. This is because WTR applicants are to be assessed under residence health instructions.

All character requirements should also be assessed under residence character instructions.

Child Custody

When approving applications that involve child custody it would be helpful if the applicant could be made aware of the higher threshold for residence so the applicant can prepare the necessary documentation for their residence application.

Clients who are not eligible for a visa under WTR instructions

If you find that an application cannot be approved under WTR instructions and you are considering converting it to an Essential Skills application, you should follow the advice given on 28 March 2014 Work to Residence applications replaced by Essential Skills applications.

Read and follow this advice.