Ensuring eSignature Lawfulness for Employee Reference Requests in Australia

How to eSign a document: e-signature lawfulness for Employee Reference Request in Australia

hey everybody today we're going to talk about the direct entry employer sponsored 186 Visa now this visa when granted allows you to live work and study in Australia you can sponsor your dependent family members as well or include them in the application and yes of course it is permanent residency so you're allowed to stay in Australia indefinitely and then when you do qualify you can apply for Australian citizenship [Music] for those of you who don't know me my name is Tracy Chen and I'm the principal lawyer at Mason Chen Law Group I'll drop out contact details below so if you would like a consultation with myself one of our fabulous lawyers or migration agents you can contact us in the link below we assist with all sorts of Visa applications to Australia everything ranging from General skill to migration to employees sponsored to tourist visas to student visas you name it anything visa and citizenship related we also work on complex matters so for example if a health waiver for your application is required or even tricky things like Visa cancellations I also have mini courses which are available for you for free or to purchase depending on what the course is and what's included in it the website is below you can just jump in create a profile and have access to all my exclusive courses now as you guys know Australian migration changes a lot so do remember to stay subscribed to our website where we send out updates Whenever there are changes as well as my socials Instagram and Tick Tock I always keep you guys updated on any Australian migration changes so without further Ado let's get stuck into this 186 Visa now first of all you can apply for this Visa whether you're outside of Australia or inside of Australia you must hold a substantive Visa or a bridging Visa a b or c now obviously if you're outside of Australia you will not be granted a further bridging visa to stay in Australia while it gets processed if you are in Australia then you will be eligible for a bridging Visa depending on what visa you help prior that will allow you to stay in Australia while this 186 Visa gets processed now processing times can range anywhere between four months to I think 14 months so a bit over a year now this is direct entry and it must be sponsored by your employer now I won't talk about specific employer requirements today we're just looking at the require requirements for the Visa applicant themselves I will do a separate video on employer requirements that's more specific to employment that's something that they need to worry about not yourself but because this employer is sponsored if you're not in Australia and your employer wants you to come to Australia to work that does mean that this is not ideal probably because your employer if it takes 14 months doesn't want to wait 14 months for you to arrive in Australia and start working so most employers do the temporary skill shortage Visa first the 482 then they will look at the permanent resident Visa if you're in Australia and already working for them then yeah 186 direct entry is a great option so first of all what are the eligibility requirements for this Visa now this is just for the employee only this is not relevant to the employer so to be eligible you first of all must have an occupation on the eligible occupation list now I'll drop a link below but it's known as the medium term occupation list so you must have an occupation on there to even be eligible for the 180 six direct entry Visa direct to permanent residency occupations on there include registered nurses solicitors software Engineers as well as ICT business analysts look there's quite a few occupations on there but there are some occupations that are popular that aren't on there so for example cook is not on their restaurant manager is not on there as well as human resource advisor just a few from memory so that means when a lot of you are asking me oh yeah my employer can sponsor me yes potentially maybe on the short term stream which doesn't lead to permanent residency and it's not under this Visa as well so the long-term plan for this you know employer sponsors not recommended only if it's on the medium-term occupation list now you must have the relevant qualifications for this for example if you are a chef you're usually required to have a diploma or hire if you are a software engineer you're required to have a bachelor or software engineer or hire now those qualifications don't need to be Australian but they must be at the Australian level so so you would need your lawyer or migration agent to essentially check that for you I'll give you an example an accounting on Australia requires a three-year Bachelor and the core accounting subjects there's like seven core accounting subjects there had a couple of applicants who wanted to apply for 186 direct entry as an accountant and when we check their bachelor certificate it was only two years and when we check on our portal to see if it's equivalent to an Australian degree we realized that it wasn't it's equivalent to an associate degree and obviously the big red flag there was that it was only a two-year degree so you must have the Australian equivalent it's stated very clearly you would definitely check on ansco for this to make sure you meet those specific requirements so as important as always you need to get proper legal and migration advice because everybody's situation is different now yes there are a lot of people who have done a bachelor degree or higher in accounting for three or you know four years and that's fine that's pretty straightforward but it's still important for you to check we always run then you must have three years of relevant work experience that work experience must be post qualification so again if we use accounting as an example this applicant has done a three-year bachelor degree in Australia they started working full-time in Australia for three years post qualification they must be working at the required level so clearly they must be working as an accountant accounts payable accounts officer those are not really accounting if you look at the duties of accountant it's very clear what they actually do it's budgeting and forecasting it's tax return it's Financial reports it's not so much what we would call you know clerical work another example I can give you is Chef so the applicant must have completed a diploma or hire usually it's like a certificate three four and Commercial cook Arena diploma in Hospitality that's usually the Australian qualification overseas they call it diploma of culinary arts or culinary skills then after the degree they start working full-time three years full-time and they must be working as a chef so if you look at the ends go requirements of cook and Chef they're very different so cook does the cooking takes instructions and works in the team the chef is the one who designs a menu leads the kitchen does a little bit of cooking as well that's fine but he's the one who gives instructions to the cooks and the other kitchen hands so essentially they are running the kitchen different areas of the kitchen as well so it's very different on what a chef and cook does so it's very important that your work experience is relevant and at the required level now I will talk about the documents required later but we'll talk about this since we're on the topic of this the three years full-time work experience is super important it's really important that you have all the documents available so we usually ask for a lot of payment evidence from the top of my head that would include payslips bank statements that show the salary transfer superannuation documents or overseas it might be insurance documents so I keep that as one a reference letter from the employer as well as a tax return that's five and yes we will usually ask for five because the department is really strict on this if you don't have enough you could get a request for further information on this now you must have the relevant licensing registration or membership to actually work so it depends on the occupation in Australia there are a lot of occupations that don't need relevant licensing or registration but for example if you're a doctor then depending on what the occupation is you definitely need to have the appropriate full registration with Opera same with a registered nurse as well as same as a physiotherapist you need to have the full registration with arpa and you must have a positive skills assessment so this is the tricky part so this can be tricky for some occupations however most of the ones I can think of the medium term list it's okay it's relatively easy to get a skills assessment the health occupations obviously you may need to do extra studies or education to be able to get the full skills assessment but yes you will need a full skills assessment so software engineer you need your full assessment with Australian computer Society with chefs you need your skills assessment through better SAS or trades recognition Australia for accounting you need your skills assessment from CPA or IPA now obviously for this position you must be nominated so you must have an employer who meets all their requirements which I'll do in a separate video to sponsor you in this position and nominate you essentially and you must be of this age so you need to be under 45 years old at the time of application there are a few exemptions so for example if you're a university lecturer and you're nominated by academic institution like a university yeah or maybe if you're nominated as a scientist or a researcher and it's by an Australian specific government agency so it's quite hard we've had that we've had a few applicants in that sense but you know obviously that's quite a higher requirement so rule of thumb is that you must have the relevant qualification relevant three years post-qualification work experience and a relevant and valid skills assessment you must have competent English which is equivalent to six in each band for IELTS which I think is is relatively easy I think if you want to work in Australia and operate and live life you probably need to have at least most of our applicants can meet that requirement pretty easily so that's all right and then obviously you must meet the health and character requirements so character you must be of good character no like you know imprisonment term or something like that and then secondly you must also be healthy so you can't have any major health issues if you are look a health waiver is available but that's a completely different ball game altogether and you'll need to justify you know the potential costs you'd cost to the Australian Medicare system so everything I just mentioned previously you must have ready prior to your application everything valid and ready to go at the time of application so yes there's a checklist of documents that you will require that will be required you know they're your passport your identification documents your work experience documents your qualification documents and obviously you can bring your dependent family members with you but that is your dependent so members of your family unit your wife your husband and your children they're generally who are members of your family unit you know your Auntie your sister your mother they're not members of the family unit now this checklist of documents and you know some of this information is available on my courses page so you guys can jump over there and have a look as well now if you found that video helpful please don't forget to like And subscribe and share it with people who need it thank you so much for watching and I'll see you guys in the next video [Music]