| Human
Resources Policy and Procedures Manual |
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From time to time, the University may appoint academic staff for short periods or invite visitors from overseas to undertake teaching, or participate in research or training activities, at the University. In general, appointments for invited visitors are regarded as honorary appointments and therefore are not considered staff of the University in accordance with conditions of appointment for academic staff. See Honorary Titles and Appointments policy.
The purpose of this policy is to ensure that overseas appointments are in accordance with University and legislative guidelines. In particular:
· Temporary residency visas
· Taxation
· Medical insurance cover
· Superannuation
· Remuneration
The
University has been advised that the Department of Immigration and Multicultural
and Indigneous Affairs (DIMIA) is reviewing its requirements for visa sponsorship (in the year
2000) and the details shown below are likely to change.
Visitors
from overseas will require appropriate temporary residency visas from the (DIMIA).
The Office of Human Resources staff can advise Divisions about the
category of visa required and will be the contact point for DIMIA.
The Office of Human Resources will also prepare applications for visa
sponsorship, however, sponsorship and other associated costs will be borne by
the relevant Division.
The three main visa sub classes for overseas visitors appointed by the University, are 419, 418 (both used for Visiting Academics) and 442 (Occupational Trainee). Class 419 suits most honorary visitors, where the appointments at the University are for short periods (up to one year) and they do not receive a salary.
Appointees to continuous or fixed term appointments (greater than three years), will require sponsorship by the University for permanent residency. This procedure requires the University to justify the appointment to DIMIA and provide evidence of labour market testing. The guidelines for permanent residency are not included in this policy. Further information regarding permanent residency sponsorship may be obtained from the Office of Human Resources.
Visiting
Academic (Visa Sub Class 419)
In order to be eligible to obtain a visa or entry permit in Class 419 – Visiting Academic – the following criteria must be satisfied:
The applicant has been invited to visit an Australian tertiary institution or research institution as a visiting academic to observe and participate in research projects;
Any teaching to be undertaken can only be on an ad hoc non formal basis and where it is clear that this could not be performed by a suitably qualified local resident;
The applicant, or the University, provides a copy of an invitation from the University in relation to the proposed visit;
The applicant will not be receiving a salary, scholarship, stipend or allowance other than living expenses;
Other requirements of DIMIA, including evidence of bona fide temporary stay and health.
Expenses
The University may provide expenses such as accommodation, meals and incidentals for the duration of the visitor’s stay. Payment may be made on a reimbursement of expenses basis or in the form of an allowance. In the case of allowances, the University may be required to explain to DIMIA, how the individual amounts are arrived at and how these payments relate to those received by other visiting academics.
It should be noted that DIMIA will not approve applications for visa Class 419 if the proposed payment by the University constitutes the primary source of income for visiting academics and dependants whilst in Australia.
Period
of Stay
Visiting academics may be approved for up to
twelve months from the date of intended commencement with the University.
Extensions may be sought for an additional twelve months.
Sponsorship
Formal sponsorship is
not required for visiting academics.
Application
Applications to DIMIA
for entry as a visiting academic must be supported by a letter of invitation
from the
Vice Chancellor or the Pro Vice Chancellor
(Research) providing details of the proposed stay, including
Details of research activity and involvement at the institution;
Length of stay intended;
Confirmation that medical insurance is required, and
Confirmation that a salary or scholarship will not be paid.
Approval
The visiting academic shall provide the letter of invitation from the University
to the nearest office of the Australian Consulate in the country of residence. This Office will process the visa.
Visiting Academic (Visa Sub Class 418)
This category of visa is for the temporary stay of staff for educational and research institutions to fill academic, teaching and research positions unable to be filled from within the Australian labour market. Honorary visiting academics who are to receive a salary will require a visa class 418.
Formal sponsorship by the University to DIMIA is required for this category of visa.
In order to be eligible to obtain a visa or entry permit in Class 418 – Visiting Academic – the following criteria must be satisfied:
The applicant has been invited to visit an Australian tertiary institution or research institution as a visting academic to observe and participate in research projects;
Any teaching to be undertaken can only be on an ad hoc non formal basis and where it is clear that this could not be performed by a suitably qualified local resident;
The University will sponsor the visitor for temporary residency and will provide to DIMIA:
application for temporary residence visa
a report from the University which justifies why this appointment could not be performed by a suitably qualified Australian resident;
a copy of the relevant newspaper advertisement for the position (if labour market testing is required);
a copy of the invitation letter from the University, or a copy of the employment contract;
the visitor’s current curriculum vitae;
the sponsorship fee.
Other requirements of DIMIA including evidence of bona fide temporary stay and health.
Remuneration
The remuneration for an academic visitor on a sub class visa 418 may be paid in the form of salary based upon the standard rates prescribed for the level of appointment.
Period
of Stay
Visiting academics may be approved for up to three years from the date of
intended commencement with the University.
Approval
Once the local office of DIMIA has advised the University that the sponsorship application has been approved, the visiting academic will also be advised to contact the nearest Australian Consulate in the country of residence to proceed with the visa.
Occupational Trainee (Visa Class 442)
This category of visa is for the temporary stay of persons undergoing training in Australia compatible with their employment and/or educational history. This training must give the person upgraded or enhanced skills in their employment after leaving Australia. It is also a requirement of DIMIA that the granting of visas for occupational training should not adversely affect occupational opportunities for Australian citizens or permanent residents.
This type of visa requires sponsorship by the University and it is necessary to satisfy the processing office that a bona fide course of training is intended. The following criteria must be satisfied
The nominee has been invited to visit the University to undertake training compatible with their educational or employment history.
The University will sponsor the visitor for temporary residency and will provide to DIMIA:
Application for temporary residence visa;
An invitation letter from the Pro-Vice Chancellor (Research);
Details of the nature and duration of training including expected hours of study and/or practical experience and how the training will be supervised
Details of any external studies involved
A statement of the objectives of the proposed training, including details of how it relates to the Occupational Trainee’s studies or occupation
A statement of the relationship (if any) existing between the employer in the Occupational Trainee’s home country and the University.
Full details of the Occupational Trainee including details of the course being studied and the highest level completed if a student, or name of current employer and position held if working.
Other requirements of the DIMIA including evidence of bona fide temporary stay and health.
Expenses
The University may provide expenses such as accommodation, meals and incidentals
for the duration of the Occupational Trainee’s stay.
Payment may be made on a reimbursement of expenses basis or in the form
of an allowance (stipend).
Period
of Stay
Occupational Trainees may be approved for up to twelve months from the date of
the intended commencement with the University.
Sponsorship
There is no fee payable for processing an occupational training nomination., however the Occupational Trainee will have to pay a visa processing fee when the visa application is lodged with the Australian office overseas.
Processing and assessment of occupational training nominations usually take some time; even when the nomination is approved, health and character checking of the nominee overseas may take up to several weeks. It is important therefore, that the nomination be submitted as soon as possible to ensure that the Occupational Trainee arrives in time to commence training.
Application
Applications for entry as an Occupational Trainee must be supported by a letter
of invitation from the Pro-Vice Chancellor (Research) providing details of the
proposed stay, including
Details of the nature and duration of training including expected hours of study and/or practical experience and how the training will be supervised;
Confirmation that medical insurance is required, and
Confirmation of living allowance/stipend, or
Confirmation that the Occupational Trainee will be self funded.
Approval
Once the local office of DIMIA has advised the University that the sponsorship
application has been approved, the Occupational Trainee will also be advised to
contact the nearest Australian Consulate Office in the country of residence.
Australia has entered into double tax agreements with at least 35 countries. The effect of the agreements is that the visitor is not taxed twice on the income earned in Australia. This is achieved either by the visitor not being taxed in Australia on their Australian earnings; or being taxed, but granted a credit against income tax in their country of origin. The terms of each agreement are different. Each case will require specific advice from the Australian Taxation Office.
If the visitor is from a country with which Australia does not have a double tax agreement, they will be taxed as a non-resident. Special cases may be accepted by the Australian Taxation Office for resident status to enable the visitor to claim the general exemption. The visitor will also be required to obtain a taxation file number (TFN) from the Australian Taxation Office. The relevant form is available from the Office of Human Resources.
All overseas visitors sponsored by the University will require medical insurance cover as they are not eligible for Medicare benefits (unless from a country with reciprocal rights). Prior to employment the University requires documented confirmation that overseas visitors have obtained medical insurance.
Visitors receiving any remuneration in the form of salary are subject to the eligiblity criteria of the Tertiary Education Superannuation Scheme (TESS) and the Superannuation Guarantee Charge (currently 9%).
When making arrangements for temporary employment of overseas residents, Divisions should make remuneration arrangements as early as possible, and not wait until the visitor arrives. Remuneration arrangements will determine the type of immigration visa required.
The remuneration for an academic visitor may be paid in the form of salary or it may , in whole or part, be used to pay for or to reimburse travel or accommodation. The remuneration will be based upon the standard rates prescribed for the level of appointment or the rate prescribed for a single lecture.
|
Position |
Responsibility |
|
Academic Staff Member |
|
|
Executive Dean/Divisional Head |
· Provide recommendation for appointment to the Pro Vice Chancellor (Research) including details of research, term of appointment, salary, stipend, etc. ·
Forward relevant documentation to
Office of Human Resources |
|
Pro Vice Chancellor (Research) |
·
Write to prospective appointees
inviting them to take up appointment with the University. |
|
Human Resources |
· Obtain approval from Pro Vice Chancellor (Research) to appoint. · Prepare relevant visa sponsorship for DIMIA. |
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Authorised by: Chris Jeffery,
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URL: http://www.hr.murdoch.edu.au/staff/policy/PH0009.html