Visa Options for Doctors TEMPORARY RESIDENCE Information for Health Employers Parramatta Business Centre March 2007

Temporary Visa Options Sponsored Employment  457 – All health professionals including Doctors (from April 2) – up to 4 years – E-lodgement  422 – Medical Practitioner –up to 4 years  These visas are common pathways to permanent residency (ie: while meeting eligibility requirements for unrestricted medical registration) Other  limited number of occupational training positions – 12 months  977/456 – short stays : not “work”

457 Visa  4 year stay for temporary visas  Priority processing  Doctors on MODL  Eligible for general skilled migration  Visa processing repatriated to Australia  Label free travel for ETA nationals

Subclass 457 – Benefits  Single sponsorship agreement can cover multiple employees  Faster and more streamlined processing arrangements  Applications can be lodged over the internet  If application e-lodged with all documentation, processing may take a few weeks or even less

457/422 visa comparison  Sponsorship  2 stage process – sponsorship must be lodged each application  Only for doctors, no other occupation included  No Formal Sponsorship obligations 457 Temporary Business422 Medical Practitioner  Sponsorship  3 stage process – sponsorship (valid for 2 yrs), nomination and visa  1 sponsorship valid for 2 years for specified number of positions  1 sponsorship can be used for all gazetted occupation e.g nurses, doctors, psychiatrists, social workers etc.  Formal Sponsorship obligations

 Character  Must obtain penal clearance for stay >12months in any country and Australian penal for further stay.  Fees  Sponsorship - $260 - Form 55 Form 55  Visa - $185 - Form 147Form Temporary Business422 Medical Practitioner  Character  Streamlined character processing – no penal required unless adverse information.  Fees  Sponsorship – X positions over 2 years - $270 Form 1196A  Nomination - $55 Form 1196B  Visa - $185 Form /422 visa comparison

 Salary  No minimum salary  Must be > award salary  Method of Lodgement  Paper lodge only  Must be in same place at time of grant and decision 457 Temporary Business422 Medical Practitioner  Salary  Gazetted minimum salary >$41,850  Must be > award salary  Method of Lodgement  E-lodge or paper lodge  Can be onshore/offshore at time of grant and decision 457/422 visa comparison

 Same health requirements Medical exam Form 26 Chest X-ray Form 160 HIV/Hep B/Hep C Blood test  NO Labour Market testing required  Stay up to 4 years  8107 condition, full time work  Registration/Evidence of qualifications

457 - Long Stay Business  3 Stage process: Sponsorship/Nomination/Visa  Stay of up to 4 years  Gazetted occupations >$41,850 Gazetted occupations

457 for Medical Practitioners  3 stages : Sponsorship approval – X positions over 2 years - Form 1196A - $270 Nomination – of the specific position/person - Form 1196B - $55 Visa application – Form $185

457 - Sponsorship – The Business  Is of good standing & committed to training Australians  Meets sponsorship undertakings  The number of employee nominations must be specified at sponsorship  A sponsorship agreement ceases: on expiry (after 2 years); when nominated positions are filled; or when cancelled. See Form 1196Form 1196

Sponsorship undertakings  Employer must –  Cooperate with DIAC monitoring of business or any sponsored persons;  Notify DIAC within 5 working days after sponsored person ceases to be in employment  Comply with applicable workplace relations laws and workplace agreements;  Ensure sponsored person holds licence, registration or membership mandatory for the performance of work;  Ensure, person will be paid at least minimum gazetted salary;

Sponsorship undertaking cont.  Ensure cost of return travel by a sponsored person is met  Ensure notification to DIAC of any change in location of work which would affect nomination approval (eg regional 457s);  Pay medical or hospital expenses for a sponsored person (other than costs that are met by health insurance arrangements);

Sponsorship undertaking cont.  Make required superannuation contributions;  Deduct required tax instalments, and make payments of tax;  Pay any costs incurred to the Commonwealth

Sponsorship undertaking cont. Responsibility for the undertakings  Commences on grant of visa to sponsored person.  Ceases on the earliest: 28 days after sponsor notifies DIAC employee has ceased employment When person leaves Australia When person is granted another visa

457 – Nomination- The Position  Form / Fee  Specifies the POSITION – full time  Occupation gazetted  Salary > $41,850  Labour Market testing not required

457 – Visa – The Person  Has skills/qualifications to fill the position  Evidence of Medical Registration  Meets health and character requirements  Visas are granted for up to four years  Applications for further 457 visas or permanent residence can be made  Main applicant can only undertake employment for sponsor

Lodging Applications  Internet lodgement  Application forms are also on the website  Combined sponsorship and nomination form – 1196/ 1196(Internet)  Visa application form /1066(Internet)  Health Assessment: 26/160  Booklet 11 provides information on lodging applications  Website pages for Doctors practitioners/index.htm Website pages for Doctors

Contacts Parramatta Business Centre Caroline HUET (02) Oliver DREYFUS (02)

Benefits of eVisa  Significant time savings in the time required for sponsorships, nominations and visa applications  Can create a templates for nomination applications to be reused in cases when the details of the nomination are the same.  The 457 sub-class much more streamlined than the 422 sub-class  Convenience – 24 hours a day, 7 days a week  Simple and secure facility for online payment with credit card

Features of eVisa  Automated notification of key milestones in the application process such as visa grants where all requirements are met  Online enquiry function for clients to check the status of their applications at any time

Features of eVisa cont.  Facility to save applications in progress & continue later  Facility to electronically attach supporting documents  Electronic health processing – e-health2  Visa label free to travel to Australia in some circumstances

– online services

Most fields have this icon next to them. If you are in doubt about what is required for that field click on this icon for help.

Free text fields have a 4000 character limit. If you surpass this limit blank appendix pages appear when printing out the application. To avoid this, electronically attach documents to the application.

E457 Main Menu

Important Information If you decide to exit the system and return later to lodge and pay for the application(s) it will not be available for lodgement. You will need to use your Saved ID to retrieve the saved application (Unknown Users need to click on ‘Continue your partially-complete Internet application’ link) and then click through the whole application again. You will once again be forced to save the application, after which you will be returned to the Main Menu where you can then lodge and pay.Continue your partially-complete Internet application

Helpdesks for E-lodgement  Parramatta Business Centre (02) (02)

Other Options  Short Stay Business Visa (456) or Business ETA (977) Short Stay Business VisaBusiness ETA used for short term business / professional purposes Up to 3 months stay per entry Work restriction – not for employment positions Could be used for  visiting specialists  attendance at conferences or training  AMC exams  Job interviews

Permanent Visa Options for Doctors  Once full medical registration is held, doctors may choose to apply for permanent residence under one of the following employer-sponsored or independent visas.  Detailed information on the Employer Sponsored Migration scheme is also available in booklet 5.

Employer Sponsored Migration  The process for obtaining a visa under the Employer Nomination Scheme is summarised below. Employer  nominates the position(s) that they wish to fill  finds a suitable employee who is willing to work for them in Australia.

Employer Sponsored Migration Employee  Must meet the age, skill and language requirements  accepts the offer of employment from the nominating employer  applies for a visa and meets any conditions on their visa (once approved).

Permanent Visa Options for Doctors  Employer Nomination Scheme (subclass 121/856 )mployer Nomination Scheme (subclass 121/856 To be eligible for permanent residency under this visa, the employee must meet one of the following requirements:  have worked full-time in Australia in the occupation for which they have been nominated for the last two years (and have spent at least the last year working for the employer who is nominating them)

Permanent Visa Options for Doctors  have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)  have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years experience in the occupation.

Permanent Visa Options for Doctors  Regional Sponsored Migration Scheme (subclass 857) Regional Sponsored Migration Scheme (subclass 857 The Regional Sponsored Migration Scheme (RSMS) is for employers in regional Australia, to fill skilled positions they are unable to fill from the local labour market. Under the RSMS, employers are able to nominate staff from overseas or temporary residents currently in Australia to fill full-time, permanent vacancies.

Permanent Visa Options for Doctors  the employee must: have the relevant qualifications for the nominated position, which are equivalent to at least an Australian diploma level meet any mandatory licensing, registration or professional membership requirements have been offered a position for a fixed term of at least 2 years (supported by evidence of a contract or letter of appointment signed by both the employer and the employee) be under 45 years have Functional English language ability.

Permanent Visa Options for Doctors  General Skilled Migration General Skilled Migration This visa uses a points test to select visa applicants with characteristics needed in the Australian labour market. You will need to meet the applicable passmark for a visa to be granted. Applicants for this visa do not require sponsorship.

DIAC Website Pages for Doctors  practitioners/index.htm Detailed information on visa options All relevant forms and contact details Link to E-visa lodgement portal Other useful links and information  Also: Department of Health’s dedicated portal for overseas trained doctors

Contacts for Permanent Residency  Parramatta Business Centre

Questions ?