Financial Resources
TABLE OF CONTENTS
No Time of Application/Time of Decision Dichotomy for Nominations
Exemptions for Age and English Recast
Skill Assessment Exemption for ENS Direct Entry
Ministers of Religion no Longer Exempt
Have One's Regulatory House in Order
The Revamp of the ENS Regime Which Came into Force on 1 July 2012
AAI 1402137 [2015] MRTA 457 (2 April 2015) demonstrates that one can have a sponsor’s financial capacity backed by an overseas parent company. Here the Australian sponsoring subsidiary was trading at a loss but at the MRT concluded:
25…Prior to the hearing the applicant provided documentation from Alliance Abroad International, the “parent” company in USA, in which the applicant’s co-director undertakes to underwrite the applicant’s Australian operations. Various financial documents were attached which illustrated the significant financial resources of the parent company.
26.As noted above, at the hearing and following it, the applicant provided several documents and spreadsheets relating to the company’s income and financial capacity. The Tribunal is satisfied that these materials demonstrate an expanded and growing list of clients, projects and revenue and confirm that the applicant is able to support the nominated position as fulltime for 2 years.
This does demonstrate the important practice point that all sponsoring employers at both the ENS & 457 sponsor level have to show financial capacity to pay the wages of the sponsor. Making a loss is not fatal but in such a case one has to demonstrate that there are still the resources available to fund the visa applicant’s wages. Sometimes this can come from a business plan which projects income necessary to pay those wages. The other point which can be made is that the visa applicant’s contribution to the employing company will generate enough extra income to pay for the wages of that employee.