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457 and ENS rorts exposed
Let's just get it out there once and for all so that nobody can pretend it isn't happening.
People are buying their way into Australia and no, I don't mean via the SIV $5 million visa.
I am talking about buying their way in on a 457 and, or more importantly, buying their permanent residency visa via employer sponsored migration.
Take one submission to the 457 integrity review that I received today from another senior agent:
"I'm presently travelling in China marketing my services for Business Skills Migration.
I have been told of the existence of a number of schemes promoted by some sort of financial organisations in Australia.
The scheme seems to be;
1. Applicant for a 457 visa deposits a very large amount into the financial organisation's account (said to be AUD1million)
2. The Fund guarantees a 457 visa and subsequent permanent residence for the applicant.
3. The Fund does not seem to have any requirement about the applicant's background or skills, or source of funds.
The rumour is persistent around the migration agent network; I'm sorry I do not have more concrete information to give you.
If the rumour has any substance, I do hope there is something you can catch onto to bring this scam to a prompt ending."
This was my email response today to the migration agent and is my position on '457 and ENS integrity':
"It also happens for ENS.
The employee pays their annual 'executive' salary to the Australian company sponsor up front + say a buffer of $50K.
The sponsor employs the overseas applicant for a 'permanent position'.
PR is granted (no skills assessment, no 2 years with employer due to high salary).
No source of funds required.
No skills required.
Investment visa and distinguished talent visa avoided.
Direct PR.
Employee 'resigns' if they feel like it and when they feel like it, sometimes after 2 days."
I am aware of website which advertises this as a means of entry to Australia. They actively advertise SIV and other visas and then go on to speak negatively about these schemes because it takes too long, requires way too much financial background checking, and investment of way too much money up front.
Organisations are advocating the use of Australian Permanent Residency via the ENS (Employer Nomination Scheme) because processing is faster, if refused there are full appeal rights, the salary can be an 'investment into the business' and is far less than the injection of capital required for other business skills / innovation visas, no skills assessments required, no 'two years with an Australian employer on a 457' required. Direct entry via ENS is seen as a simple and elegant 'work-around' to the other more costly options for business migrants.
Direct-entry via ENS or RSMS requries no business plan, no evidence of innovation, no evidence of anything really except show 'genuineness of the position' (easy enough to concoct for motivated applicants) and a $250K base salary.
The spirit of the 457 and ENS visa classes is lost to what I call 'white collar organised immigration crime'. Australian businesses stand to make huge profits out of persons who invest money into their companies in return for permanent residency. Investors from overseas can avoid having their source of funds scrutinised by the DIBP and ASIO etc. Any financial crimes committed overseas, any non-payment of taxes can all be avoided. It doesn't take much to make up a convincing story about 'intention to work for the Australian business'.
Finally the overseas visa applicant does not need to stay in Australia for any specific length of time (ie 2 years on a 457) to be granted Permanent Residency.
An email I received today from a migration agent is titled 'bogus ENS salary claims' and states as follows:
"Yes, I'm aware of that ENS salary scam. I have always suggested that DIBP should look at industry benchmarks when approving ENS. ATO has many such norms, see http://www.ato.gov.au/Business/Small-business-benchmarks/
It is easy to see that small businesses cannot afford to pay the ENS salary claimed, just click on the "benchmarks A-Z" tab and plenty of material can be seen, including total salary to turnover ratios.
Claims that small business can afford to pay huge salaries are dubious. If the salary claim is outside of industry norms, then investigations are warranted."
If the DIBP wants to talk about 457 visa integrity then it first needs to clean up it's legislation and policy to remove the $250,000 base salary option. That cuts off the 'criminal entrepreneurs' using the ENS as a back door to Australia whilst leaving their dirty pasts overseas.
Obviously there are well-intentioned visa applicants under the direct-entry employer sponsored migration scheme, but seriously, it's being rorted. It needs to be fixed. It's nothing short of an immigration scam.
Comments
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Monday, 14 April 2014Little birdy tell me that people might want the lucrative secret back door key $250K ENS direct entry Permanent Residency Visa scheme to stay in place. People might have business link with companies that are doing this 'make a job offer for ENS and PR' scamming. It called visa factory or visa manufacturing. Nothing different to counterfeit bank notes. I am write from PRC China. My business work next door to visa factory doing employer sponsor migration for Australia. Job offer cost $400,000 and get PR. Don't tell me that you want evidence. If you know it is possible then shut door. Make it stop. It is unfair to your country to let in some bogus fakers.
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Monday, 14 April 2014
Shaik Hakeem I think send Liana that information to her private email. She can be reached on help@migrationalliance.com.au. This is fast becoming scamwatch.
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Tuesday, 15 April 2014
Good thread MA! Educative. Professional. Thank you.
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Tuesday, 15 April 2014
We need to realise that Australia is not the only country in the world trying to attract highly skilled people.
The executive salary pathway is legitimately used by large corporations to bring senior staff to Australia to undertake high level positions. For many senior positions, it not practical to make such a large move on the uncertainty of a temporary visa such as a subclass 457. It is also not reasonable to, for example, have a CEO with 20 years of high level experience to undertake a skills assessment. These are all just unnecessary barriers which will see high level executives choose other counties, which are more welcoming of their skills.
If we continue to increase such barriers we will see the ENS program become like SkillSelect, which instead of attracting “the best and the brightest” has had the opposite effect.
If there is an issue with people exploiting the Executive Salary pathway, then DIBP need to enforce the Regulations to make sure it does not happen. It is not a reason to stop the program for legitimate users.
It is like saying that because it is know that there are people paying for Partner Visa, we should scrap all partner Visas, at the expense of legitimate applicants. -
Tuesday, 15 April 2014
RTS I agree with you in part. The visa should not be scrapped, but the base salary of $250K has to go. It's not the salary level of a CEO anyway. If it is, they are the CEO of a small organisation. If they are earning only $250K then they should do a skills assessment. It takes no time to get a skills assessment done. If they really want to move here permanently then it's worth trying. Australia is the best country in the world. We need high standards. That's why the test for millionaires is strict. It's not supposed to be easy access. I earn more than $400K salary per year and I would be happy to do a skills assessment to get PR. Then there are other visa options too. No risk, no effort, no reward.
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Tuesday, 15 April 2014
"Australia is the best country in the world"
IMHO we need to move beyond this type of mentality as it is holding us back from the rest of the world. Yes, Australia is a great county, but there are many other choices available to those with high levels of qualifications, skill and affluence.
I believe that it was this type of mentality which shaped the previous Government’s Immigration policy which has been problematic.
I remember when SkillSelect was introduced that the Government thought that we would be inundated with high level applicant’s, willing to spend money on Skills Assessments and English language test, simply to have the privilege of lodging an expression of interest with the hope of being invited to lodge a visa. This arrogant stance was taken because of this perceived notion that Australia is the best county in the world.
The reality was that very few high level applications (70 points plus) were received and the majority of invitations have been issued to applicants who scored the minimum of 60 points, which is below even the previous visa pass mark. -
Tuesday, 15 April 2014
Great article. I think that removing the $250k is an excellent idea that will only enhance the integrity of the program. It is very easy to implement and can be a quick win for the government. I will certainly be putting this in my submission for the 457 integrity review.
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Tuesday, 15 April 2014
Here's an example that looks like a scam. For a start the $45k salary on offer is below TSMIT so it's not possible (salary must be at market rate, and market rate must be above TSMIT which is $53,900).
The second position listed is $54k package and appears to include overtime and commission and therefore would also be below TSMIT.
James
-------- Original Message --------
Subject: AUSTRALIAN WORK PERMITS 457 for Pakistani Families ~ Great Opportunity to Settle in Australia
Date: Mon, 14 Apr 2014 01:44:30 -0700
From: Visa Careers
To: world-consult@googlegroups.com
.
.
Great Opportunity to Migrate & Settle with your Family
Australian Work Permits 457
Salon Managers & Beauticians Wanted for Australia
May Get Permanent Residence (PR) after 2 Years
Beauticians (150+ jobs)
(at various locations in Australia)
Salary Package: $45,000.00 gross per annum
Duty Hours: 38 hours per week + Overtime & commission
The right candidate must have:
Reasonable English communication skills (Preferably IELTS 5 each (General)
Diploma in Beauty related course
Minimum 1 year of relevant experience
Expert in threading, facials, manicure & pedicure
Ability to manage the salon, manage staff & provide training to junior staff
Salon Managers (15+ jobs)
(at various locations in Australia)
Salary Package: $54,000.00 gross per annum
Duty Hours: 38 hours per week + Overtime & commission
The right candidate must have:
Excellent English communication skills (Preferably IELTS 6 each (General)
Minimum 1 year of eyebrow threading experience
Eyelash & eyebrow tinting experience
Eyelash extension experience (Silk & Mink) semi-permanent lashes
Excellent customer management & up-selling skills
Cash handling & stock management
Team management & resource scheduling skills
PROCESS:
Step 1. Employer apply to immigration department and seeks approval to recruit overseas employees (Employer has required approvals for sponsorship);
Step 2. Employer conducts a video interview of the short-listed candidates at Visa Careers, Lahore office;
Step 3. Employer nominates selected overseas employee for the position & sends a Job offer/Agreement etc;
Step 4. Prospective Employee apply for work visa (457) using the above approved nomination;
Step 4. Employee flies to Australia to start the work.
You need to send us each applicant's CV in (MS Word format), educational documents, passport copy and picture, family profile etc. for initial screening of the candidates.
NOTE: We'll only be able to process applications of the Pakistani applicants for the Australian Work Permits at the moment.
Please don't hesitate to get back to us if you need anymore information but your email should contain your complete signature including full contact details otherwise we reserve the right not to respond to anonymous queries. Thank you
Looking forward to have mutually beneficial B2B collaboration with your company
Regards
-
F. A. Raja
Managing Director
Visa Careers
Paradise Suite, Jeff Heights
Main Boulevard, Gulberg III
Lahore-54000, PAKISTAN
Phone: +92-331-493-9983
Skype ID: visa.careers
Email: visa.careers2011@gmail.com
Website: www.VisaCareers.com
Facebook: www.facebook.com/VisaCareers
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Tuesday, 22 April 2014
What will happen if the employer connives with his terminated 457 employee to apply for ENS 186 Visa? This employer couldn't even give a PR employee a job.
Immigration blog
Christopher I don't think Gladys said there were 'no' genuine job offers. As you don't know what the refusal or cancellation rate for these visas are there can be no argument against the fact that rorts are happening. What about the ones that get through? Should we not be trying to plug the gaps here rather than talking about 'strong evidentiary basis'? There never will be a strong evidentiary basis as this is not a court hearing with documents it is a crime in the making and DIBP are not going to know themselves which applicant is genuine and which one is not....not at least to be able to construct evidence. This comes down to the job offer. DIBP ENS case officers will not be able to tell whether it is real or fake or what! This means there will be no 'evidence'. DIBP are not doing psychological profiling and backgrounding on all the ENS applicants. They aren't doing private investigations and phone taps in different languages to check if the person is a genuine applicant or the job offer is real. ENS applications are being approved already. I know of some. Stop with the 'evidentiary basis' stuff. It makes you sound like you want the fraud to continue and that you don't want the gap to be filled unless DIBP can come up with evidence. This is not about putting evidence before a court or tribunal and making a sound decision based on all the facts. This is far more sinister and is also part of organised crime it would seem. Fake job offer for PR. Yes, $1 million would cover it nicely as the email at the beginning suggests. This needs the intervention of police or crime commission or AFP or something. Easier way of doing it is to plug the gap. There are plenty of ways for rich, successful business people to get in here rather than direct entry PR.