Immigration and Relocation
Sponsoring and relocating an overseas employee
Griffith University is committed to attracting and retaining exceptional and diverse staff who will positively contribute to Griffith's development as a university of influence. Where a new appointee needs to relocate to take up their appointment, the University may provide assistance with relocation and, where relevant, with immigration processes.
Immigration and Relocation
The University uses an external partner, Kent Relocation Group, for all relocation and immigration services. The Talent Acquisition Team in Human Resources will liaise with the hiring manager about relocation when a new staff member joins the University. This may include removal of their household effects, flights and temporary accommodation, and sponsorship for a visa, where required. The Talent Acquisition team member will initiate the request with Kent who will then contact the appointee to start the process.
For more information about Griffith University’s relocation policies, refer to:
Enquiries about relocation and immigration can be directed to immigration@griffith.edu.au
Relocation
Who is Kent Relocation Group?
Griffith is in partnership with Kent Relocation Group who customise and coordinate the entire move including visas where required, removal of household goods to Australia, and flight and temporary accommodation bookings. They have a national network of branches and international affiliations which extend their operations globally.
Apart from the above-listed standard services, Kent also offer additional services including Orientation Service, Home Search, School Search, Settling In Service, etc. Speak to the Talent Acquisition Team if you’d like to offer your appointee any of these services.
Kent’s registered migration agents also provide sponsorship services for the University. For persons where sponsorship is being offered, Kent will assess both their professional and personal circumstances and provide advice on the best pathway to temporary or permanent residence. Kent will then prepare and lodge both the University’s nomination and the visa application of the staff member and their family to ensure the fastest possible outcome with reduced risk to the University.
Costs for all relocation services are met by the relevant Element.
Immigration
Our legal responsibility
All Australian Employers have the obligation to validate the legal right to work in Australia of all their staff. This means, before appointing a new staff member, employers must validate Australian citizenship or validate the work rights of non-citizens.
What evidence is needed?
Verification of Australian citizenship will be in the form of:
- an Australian Passport; or
- an Australian birth certificate; or
- an Australian Citizenship Certificate.
If the employee is a non-citizen, the University has an obligation to validate the work rights according to their visa. This can be done by requesting copies of:
- the Passport of the non-citizen; plus
- their Visa Grant Notification and/or a Visa Entitlement Verification Online (VEVO) check, using the Department of Home Affairs VEVO service.
- For citizens of New Zealand, the passport photo page only is required.
Who does the work rights checks at Griffith?
For fixed term and continuing staff, checks are undertaken by Human Resources upon the new staff member's initial appointment. HR will gather work rights evidence, enter to PeopleSoft and send to staff file.
For casual and sessional staff, work rights checks are undertaken by the relevant Element supervisor. Refer to the 'Employing Casual and Sessional staff' section below for more information and guidance.
Our employer obligations – ongoing right to work
In addition to validating the legal right to work in Australia of all their staff, where the employee is a temporary visa holder, the employer must take “reasonable steps, at reasonable times” to validate the work rights are maintained throughout their employment. This essentially means undertaking VEVO checks periodically to ensure their visa continues to be valid and their work conditions are unchanged.
Employers must also keep records of the evidence of work rights they have checked. At Griffith we record work rights information in PeopleSoft and keep copies on the staff file in Content Manager. The ATO now has almost real-time information on who is being employed and actively paid in Australia, and they may share this data under the data matching arrangements with the Department of Home Affairs.
What happens if we don't comply?
Employers who do not take reasonable steps to check work rights can be found to have committed an offence under the Migration Act 1958 and may face significant penalties, including civil and criminal penalties which include substantial fines for the responsible person. Furthermore, as Griffith is an approved Sponsor, if we do not meet our sponsorship obligations, we may be sanctioned or barred from sponsoring non-citizens to work at Griffith for a period of time or lose our right to sponsor entirely. This will affect our ability to attract high quality talent from around the world. It is therefore critical that we comply with these requirements to avoid potential legal and financial consequences.
Questions about meeting our employer obligations may be directed to immigration@griffith.edu.au
The University may sponsor non-citizens for appropriate visas as required for academic and certain professional staff appointments. Casual staff are not sponsored by the University. Approval for the type and duration of the visa is provided by the relevant University delegate.
Fixed Term positions
The University will sponsor eligible non-citizens successful in securing an advertised fixed term position for a Skills in Demand (subclass 482) visa, provided the advertisement met Department of Home Affairs requirements, as follows:
- Labour Market Testing - the advertisement must be published for a minimum of 4 weeks, in two publications with national reach, and include all specified details of the position; and
- The nomination (sponsorship documents) must be lodged within four months of the advertisement publication date.
This visa allows for work for up to 4 years for academic staff and eligible professional staff where the position is listed on the relevant Occupation List (occupations deemed ‘in demand’ in Australia). For more information about this visa, please visit the Department of Home Affairs
Continuing positions
The University will sponsor eligible non-citizens successful in securing a continuing academic or eligible professional position. Sponsorship may be for either a temporary visa in the first instance, with permanent residence visa after a minimum period; or a permanent residence visa. The most common permanent residence visa sponsored by Griffith University is the Employer Nomination Scheme (subclass 186) visa. Non-academic nominees must be under 45 years of age. For more information about this visa, please visit the Department of Home Affairs:
Costs
There are significant costs associated with both temporary and permanent residence visas, as a well as delayed processing times. Costs are met by the relevant Element.
Queries about these visas and/or costs may be directed to immigration@griffith.edu.au.
Employing Casual and Sessional staff
For casual and sessional staff, work rights checks are undertaken by the relevant Element supervisor. When engaging the appointee using the online engagement form, the delegated approver is required to confirm that they have checked the person’s work rights and sighted the evidence.
Refer to the “Checking work rights” section above for information on what evidence should be requested and why it is important.
Existing casual and sessional staff
Staff who have been previously employed by the University on a casual basis may have provided work rights evidence in the past. However, the type of visa and the work conditions attached to that visa may have changed, therefore a check of the current work rights must be undertaken. Where the staff member is a temporary visa holder, the University has the obligation to take “reasonable steps, at reasonable times” to validate the work rights are maintained throughout a non-citizen’s employment. So re-checking evidence is not a bad thing!
New Australian and New Zealand staff
Australian and New Zealand citizens have full working rights. Australians simply need to provide their birth certificate, passport, or citizenship certificate. New Zealanders need to provide their passport and or visa grant notification. New casual/sessional staff should upload the document as part of their onboarding. This will ensure it is captured in the system and a copy automatically sent to their staff file. Please ensure your casual/sessional staff member has uploaded their evidence in My Staff Page > Onboarding.
New casual and sessional staff
Where a new appointee is a non-citizen, we must confirm that their visa allows them to perform work and confirm the duration of visa validity.
If the visa is permanent, the person has unlimited work rights and the supervisor can simply email the passport photo page and VEVO check to immigration@griffith.edu.au. The details will be entered to PeopleSoft and sent to the staff file to meet our Employer Obligations under the Act.
If the visa is temporary, the supervisor should check the following:
1. Expiry date – depending on the visa, the expiry date may show as “Stay Until” or “Length of Stay”. Examples:
Where the expiry date of the visa is not explicit (e.g. "10 months from date of first arrival"), a VEVO check should be undertaken to ascertain the actual visa expiry date. After the person has arrived onshore, a VEVO check will show the actual date being the number of months from the actual date of entry.
You can create an account in VEVO or you can request the appointee to provide a current VEVO check.
2. Work Conditions - there is a section in the visa grant notification for work conditions, if any. For example, non-citizens on Student visas may be restricted to a certain number of work hours while their course is in session. In this case, the supervisor must ensure that the visa holder's hours are changed accordingly. Refer to the “Employing Staff on Student (subclass 500) visas” section below for more information.
The engagement should not exceed the visa expiry date or breach any work conditions.
The supervisor should keep a record of the visa expiry date of any non-citizen’s temporary visas so that work rights and conditions can be monitored. New casual/sessional staff should upload the document as part of their onboarding. This will ensure it is captured in the system and a copy automatically sent to their staff file. A more compliant automated process is currently being developed but, in the meantime, please ensure your casual/sessional staff member has uploaded their evidence in My Staff Page > Onboarding.
Alternatively, the documents can be emailed to immigration@griffith.edu.au. The details will be entered to PeopleSoft and sent to the staff file to meet our Employer Obligations under the Act.
Supervisors of staff holding a Temporary Activity (Research) (subclass 408) visa must contact immigration@griffith.edu.au if the staff member does not commence, leaves early, or there is a change in their duties. The University has an obligation to notify the Department of Home Affairs of certain events such as these, or sanctions may be imposed on the University.
Visa options for researchers and research students
Where an Element would like to appoint a non-citizen to a research appointment, there are visa options based on the purpose and duration of the visit.
Unpaid up to 3 months – Visitor visa:
There are three Visitor visa subclasses depending on nationality – 651, 601 and 600. These visas allow students, recent graduates (within past 12 months, Masters by Research and Doctoral) and academics to undertake ‘business visitor activities’, but not collaborative research. That is, they may not collaborate on research belonging to Griffith or in collaboration with Griffith staff.
Permissible activities include:
- Undertake own research (‘belonging to’ their own institution)
- Attend academic meetings
- Discuss and plan future research projects
- Apply for research grants
- Present academic findings to a closed group of colleagues
- Attend meetings with PhD students
- Attend conferences, classes, or seminars (this does not include being the presenter or speaker)
Visitors should visit the relevant Visitor visa website or check with their local Australian consulate for information on entering and working in Australia on a Visitor visa.
Electronic Travel Authority (subclass 601)
Paid or unpaid, up to 2 years - Temporary Activity (Research) (subclass 408) visa:
The Temporary Activity (Research) (subclass 408) visa allows non-citizens to observe or take part (ie. collaborate) in a project at an Australian University. This visa may be suitable for:
- academics who have made significant achievements in their field and who are employed, or were employed in the past, as an academic at a tertiary institution, and who have been invited to observe or take part in an Australian research project with the University, or
- students or recent graduates (within past 12 months) of an overseas educational institution who have been invited to undertake research related to their field of study. Examples: Current students undertaking research that is a requirement towards their overseas qualification; postgraduate students not employed by education/research institution but awarded a fellowship to conduct research; or postgraduate students employed by education/research institution who seek to conduct research in a field related to studies.
The 408 visa is valid for up to 2 years and is suitable for both paid and unpaid appointments where the holder will be undertaking collaborative research. The applicant must meet character and health requirements and have health insurance. Family members may also be included on the 408 visa.
Process
Where an Element is interested in inviting an overseas academic/student to undertake a research appointment, they will be required to prepare a letter of invitation outlining the details of the research project and the associated activities. The invitee will submit this letter with their 408 visa application. Please request a copy of the University’s template Letter of Invitation from immigration@griffith.edu.au.
Please note, this letter is different to the Griffith University offer of appointment – the Element will still need to arrange for an unpaid Visiting Fellow/Scholar or paid Research Fellow appointment for approval by the relevant Senior Officer, via SmartRecruiters. All visiting candidates must secure their visa before an offer can be finalised. Check here for the current processing time for a Temporary Activity (Research) 408 visa.
It is very important that hiring managers who have provided a letter of invitation to a proposed visitor who then does not commence advises immigration@griffith.edu.au
For more information about this visa, please visit the Department of Home Affairs: Temporary Activity (subclass 408) (Research) visa
Other temporary visas
Working Holiday visas
Certain applicants may be eligible for a working holiday visa which allows work up to 6 months with one employer, or study up to 4 months. The applicant must be between 18 and 30 years (inclusive) (some nationalities allow up to 35 years) at time of application. Check here for the current processing time for a Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa.
For a list of the eligible countries and more information, please visit the Department of Home Affairs: Working Holiday Maker Program
Bridging visas
Bridging visas allow non-citizens to remain in Australia while their application for a substantive visa is being processed. The work rights will match those of the visa held at the time of the new application and may not include work rights, so the original visa grant notification should be requested and the conditions checked.
There is a mandatory requirement for the status of a bridging visa holder to be checked every 3 months via VEVO. These checks, undertaken by HR, ensure that if the visa which has been applied for is refused, we become aware that the staff member no longer has work rights, if they have not already informed us. It should be noted that in these instances, we are required to terminate the contract of employment in accordance with the relevant Enterprise Agreement, which includes provision of the notice period provided by the EA.
For more information about bridging visas, please visit the Department of Home Affairs: Bridging Visas
Employing Staff on Student (subclass 500) visas
Work conditions
Non-citizens holding a Student (subclass 500) visa are able to work however there are restrictions on when and how many hours may be worked, depending on the course being undertaken (condition 8105). The restrictions apply to Diploma, Undergraduate and Masters by Coursework students, but do not apply to Masters by Research and PhD students.
The visa grant notification should be checked to determine if there are limits on the number of hours per fortnight (48) which may be worked while the course is in session. Students are not permitted to work before their course commences, unless they already hold a student visa granted for a previous course or are on bridging visa with work rights attached.
Supervisors must ensure staff holding Student visas do not breach the conditions of their visa, as the supervisor may be personally liable and subject to civil or criminal penalties (see section 245AC of the Migration Act 1958). The student may have their visa cancelled and be subject to removal from Australia.
The supervisor should keep a record of the visa expiry date and work conditions so these can be monitored and adhered to. Managers with access to the HR Dashboard can also check the citizenship status and visa types/dates of their staff at My Summary dashboard > My Workforce folder > Citizenship/Visa.
For more information about these visas, please visit the Department of Home Affairs: Student (subclass 500) visa.
Queries about employing staff on Student visas may be directed to immigration@griffith.edu.au
Contact human resources
Human Resources general enquiries
Operations and Systems (People Services)
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