close

Вход

Забыли?

вход по аккаунту

?

3.20 Overseas Staff, Visitors and Consultants - How to Bring People

код для вставки
3.20 OVERSEAS STAFF, VISITORS AND
CONSULTANTS – HOW TO BRING PEOPLE FROM
OVERSEAS TO UTS
This document has been developed on the basis of legislative and regulatory requirements
at the time of writing. Such requirements are outside of the control of the University and are
subject to change. Please seek assistance from relevant members of the Human Resources
Unit whenever overseas appointments are being considered.
1.
BACKGROUND AND CONTEXT
UTS is an international university. We practice our research, teaching and learning within
international contexts and source staff, visitors, adjunct appointees and research consultants
from around the world. However, the University operates within an Australian legal and
regulatory context which imposes responsibilities on the University when we make “overseas
appointments” (as defined in section 2, “Definitions”). Such responsibilities apply to matters
such as visas, sponsorship and immigration, right to work, taxation and insurance. The
legislative and regulatory requirements are complex and potentially costly so there must be
sufficient benefit for the University to justify overseas appointments being made. When
overseas appointments are made they must be handled lawfully and professionally to avoid
fines, sanctions and damage to the University’s reputation, nationally or internationally.
The purpose of this document is to set out the legislative and regulatory requirements that
apply to overseas appointments and the risks of failure to comply with the requirements for
managers, supervisors and others involved in the process of selection and appointment of
staff. Assistance must be sought from relevant staff within the Human Resources Unit
whenever overseas appointments are being considered (refer to section 8, “Contacts”).
2.
DEFINITIONS
This document applies to “overseas appointments” and “overseas appointees” which are
defined for the purposes of this document in terms of their “right to work” in Australia and
their appointment status.
2.1
Right to work in Australia status
TS: GUIDELINES
An overseas appointee does not have the right to work in Australia and is NOT:
(a)
(b)
(c)
an Australian citizen who has a valid Australian passport (to re-enter the country)
an Australian permanent resident who has a current Australian Resident Return Visa
a New Zealand citizen who has a valid New Zealand passport and a Special Category
Visa which allows the holder to remain and work in Australia indefinitely.
3.20 Overseas staff, visitors and consultants – How to bring people from overseas to UTS - 11 November 2008
Page 1 of 6
2.2
Appointment status
An overseas appointee is being considered for or offered an appointment as:
(a)
(b)
(c)
3.
staff (support, academic and senior staff appointed on a fixed-term and continuing basis) OR
honorary appointees as defined by the Honorary Appointments Directive, including adjunct professors,
associates, and visiting professors, fellows and scholars OR
International Distinguished Research Consultants (IDRC) who satisfy the following criteria:
> recognised as a distinguished and eminent scholar at professorial level (i.e. Professor, Associate
Professor or equivalent)
> ability to provide a major and sustainable advantage to the University in its commitment to teaching
and research
> an alternative Australian based scholar of equivalent reputation and expertise is not available
> a consultant agreement, which has been prepared in consultation with the Human Resources Unit and
approved by the Dean or Director and the Deputy Vice-Chancellor (Research), is in place.
VISAS
Any overseas appointee providing services to UTS must hold a visa issued by the Department of Immigration
and Citizenship BEFORE THEY ENTER AUSTRALIA. If the overseas appointee receives a form of payment,
reimbursement or remuneration from UTS then this will affect the type of visa that they need to hold (also refer to
section 5, “Allowable Payments, Reimbursements and Remuneration”). There are many types of visas and each
has very specific rules about payments, reimbursement and/or remuneration. The holder of the visa as well as
the individual and organisation making payments are responsible for complying with the requirements of the
visa. Visas obtained by overseas appointees can normally be categorised as:
>
visas for honorary appointees (as defined in sections 2.1 and 2.2(b)) and IDRCs (as defined in sections 2.1
and 2.2(c))
>
Employer sponsorship of visas for temporary “right to work” in Australia (applies to staff and IDRCs when
they are remunerated as staff)
>
Employer Nomination Scheme for permanent residency (may apply to certain staff).
Legislative and regulatory requirements apply to each of the above categories of visa. Further information in
relation to each is set out below. In addition, managers involved in making arrangements associated with
overseas appointments must do so in a professional manner, with the assistance of the Human Resources Unit
and in accordance with relevant University policy, directives, procedures and guidelines (for example,
Recruitment and Selection Directive, Honorary Appointments Directive – refer to section 7, “Related UTS and
other relevant documentation”).
Failure to comply with legislative and regulatory requirements can expose UTS and, in some cases, individuals
who are involved in arranging overseas appointments to:
(a)
fines and penalties - for example, individuals can be fined up to $13,200 and imprisoned for two years and
companies can be fined up to $66,000 per worker who does not have the right to work in Australia
(b)
reputational harm – including negative publicity (eg media coverage due to employment of “illegal
workers”) and adverse experiences of overseas appointees who have been uninformed or misinformed
and have therefore encountered difficulties once arriving in Australia (eg refusal of entry into Australia or
deportation) or once arriving at UTS (eg contract of employment or agreements in relation to the provision
of services rendered void)
(c)
additional costs – including payment for medical treatment, deportation costs and additional tax
(d)
sanctions – refusal by DIAC to approve any applications for sponsorship lodged by UTS and cancellation
of all visas for overseas appointees sponsored by UTS.
In order to avoid the above, assistance must be sought from the relevant staff within the Human
Resources Unit whenever overseas appointments are being considered (refer to section 8, “Contacts”).
3.20 Overseas staff, visitors and consultants – How to bring people from overseas to UTS - 11 November 2008
Page 2 of 6
3.1
Visa for honorary appointees and IDRCs
The Human Resources Unit will provide the following overseas appointees with verification of their appointments
to assist them in their applications for the appropriate visa:
>
honorary appointees (refer to sections 2.1 and 2.2(b)). Honorary appointees are not paid remuneration they may be reimbursed for expenses incurred (also refer to section 5.1, “Reimbursement of expenses”) and
these expenses will be stipulated within their letter of appointment. Undergraduate students from overseas
institutions who visit UTS in order to undertake research (ie occupational trainees) are not honorary
appointees under the Honorary Appointments Directive; however, they may be provided with a letter from
the Human Resources Unit to assist them in obtaining their own visa.
>
IDRCs (refer to sections 2.1 and 2.2(c)). IDRCs are either paid consultancy fees (refer to section 5.3,
“Consultancy fees”) in which case this section (3.1) applies or employed as staff in which case section 3.2,
“Employer sponsorship of visas for temporary right to work in Australia”, applies.
If the overseas appointee is issued with a visa which is not appropriate to the type of payment offered by UTS
then it may be illegal for the University to make payments to the overseas appointee (therefore any agreement
between the honorary appointee or IDRC and the University will be rendered void).
3.2
Employer sponsorship of visas for temporary “right to work” in Australia
When approval is granted for an overseas appointee to be employed as a staff member (continuing or fixedterm), the University will apply to the DIAC to sponsor the overseas appointee for the purposes of the visa
application process. If sponsorship is granted by the DIAC the overseas appointee will be granted a temporary
“right to work” in Australia and specifically for UTS.
IDRCs (as defined in sections 2.1 and 2.2(c)) who are to be remunerated as staff would also be sponsored – if
they are paid as consultants refer to section 3.1, “Visa for honorary appointees and IDRCs” and 5.3,
“Consultancy fees”.
Sponsorship imposes a number of obligations on UTS which may result in additional costs to the Faculty or Unit.
Faculties / Units should only request sponsorship of overseas appointees after careful consideration of such
costs and obligations against the potential benefits of the appointment.
The obligations and associated costs include:
>
the costs of sponsorship and visa applications including the cost of the engagement of a registered migration
agent to assist with such applications
>
the cost of repatriation for the sponsored overseas appointee (and accompanying family members) to return
them to their home country
>
all medical or hospital expenses for the sponsored overseas appointee (and accompanying family members)
for treatment in a public hospital (other than expenses that are met by health insurance or reciprocal health
care arrangements) (refer to section 4, “Medical expenses and health insurance”)
>
repayment of costs incurred by the Australian Government as a result of the sponsored overseas
appointee’s stay in Australia including those relating to locating and detaining the person (and
accompanying family members) if they become unlawful, removing them from Australia and processing any
application that they make for a protection visa
>
payment of at least the gazetted Minimum Salary Level prescribed by the government. Note: this may have
implications for a staff member’s ability to access salary packaging, leave without pay and part-time or partyear/sessional employment.
3.3
Employer Nomination Scheme for permanent residency
The usual process for arranging the right to work in Australia for an overseas appointee is to sponsor an
application for a temporary visa in accordance with section 3.2. However, the University may agree to apply to
the DIAC to nominate the overseas appointee to become an Australian permanent resident. The University
would consider nomination as an attraction strategy for an overseas appointee with highly specialised skills and
who is offered continuing or long term fixed-term employment by the University.
3.20 Overseas staff, visitors and consultants – How to bring people from overseas to UTS
11 Nov 2008
Page 3 of 6
The nomination process is expensive and lengthy. The Human Resources Unit will engage a registered
migration agent to arrange the nomination and the cost of this will be charged to the Faculty or Unit. The
nomination process may take several months (sometimes over a year) to complete and, depending on
circumstances, an application for permanent residency may cost up to $10,000 (plus approved relocation and
travel reimbursements). If the overseas appointee needs to commence employment before the application for
migration process is completed then the University may also need to sponsor an application for a temporary visa
for the appointee (refer to section 3.2, “Employer sponsorship for temporary right to work in Australia). The
costs will also be met by the Faculty / Unit.
4.
MEDICAL EXPENSES AND HEALTH INSURANCE
When a sponsorship arrangement is in place (refer to 3.2, “Employer sponsorship of visas for temporary right to
work in Australia”), the University is responsible for medical or hospital expenses for the overseas appointee
(and accompanying family members) for treatment in a public hospital (other than expenses that are met by
health insurance or reciprocal health care arrangements). Australia has Reciprocal Health Care Agreements
with a number of countries but these only apply where the treatment is immediately necessary.
Under the current regulatory framework, the University is able to contract out of its responsibility for medical or
hospital expenses by including an appropriate clause within the contract of employment for a staff member who
is a sponsored overseas appointee. The clause makes the contract of employment conditional on the overseas
appointee having comprehensive health insurance cover (for themselves and accompanying family members)
for the duration of their employment. Such insurance must include coverage for repatriation. Proof of this
insurance must be presented to a member of Staff Services, Human Resources Unit on or before
commencement of employment and at regular intervals during employment (as determined by the University).
The Human Resources Unit will ensure that the appropriate clause is included in a letter of offer of employment.
It is important to note that if there is a change to the regulation in relation to this matter it may apply
retrospectively.
Comprehensive health insurance cover for an overseas appointee (and accompanying family members) may be
approved as part of the remuneration strategy for the overseas appointee. If this is offered, the Faculty must
also meet the costs of Fringe Benefits Tax on the insurance cover (at the time of writing, the liability would be for
100% FBT).
5
ALLOWABLE REIMBURSEMENTS AND REMUNERATION AND TAXATION
The forms of payment, reimbursements and remuneration which can be provided to overseas appointees in
return for services to UTS will depend on the type of visa held by the overseas appointee. University and
taxation requirements will also apply and are administered by the UTS Financial Services Unit. Any formal
commitments made by the University regarding payment (through a letter of offer of employment or offer of
honorary appointment) must be subject to the overseas appointee holding the appropriate visa and may be
rendered void if the overseas appointee does not have an appropriate visa.
Types of payments include:
5.1
Reimbursement of expenses
Overseas appointees may be reimbursed for travel and related costs up to limits as specified by the Australian
Taxation Office (ATO) and approved by the Dean or Director, provided that they have the appropriate visa.
Such reimbursements will be set out within the letter of offer of employment or honorary appointment, as
applicable.
Reimbursement of expenses are liable to Fringe Benefits Tax (FBT) unless the expenses are exempt. Allowable
expenses, that are not liable to FBT, include airfares, accommodation and living expenses within the daily limits
as set by the ATO. When the overseas appointee submits their claim for reimbursement to the Financial
Services Unit they may be required to include a declaration for exemption from FBT. Details of exempt
payments are available at http://www.fsu.uts.edu.au/tax/manual/fbt.html#exempt_benefits and details for visiting
academics are available at http://www.fsu.uts.edu.au/visitingacademic/visitingacademic.html
Staff who are overseas appointees may receive funding towards the costs of removal of their household goods
(contact the Human Resources Unit for further information – refer to section 8).
3.20 Overseas staff, visitors and consultants – How to bring people from overseas to UTS
11 Nov 2008
Page 4 of 6
5.2
Remuneration
Overseas appointees must hold a visa that grants the “right to work” in Australia (including permanent residency)
before any remuneration (including honorarium or other salary payment) can be paid by UTS. Remuneration /
salary payments to overseas appointees will be subject to Pay As You Go (PAYG) tax unless they can claim
exemption under an applicable International Tax Treaty (ITT)). Exemption is dependent on satisfying all the
requirements of the applicable ITT and will need to be assessed for each individual’s circumstances.
Australia currently has ITTs with over 40 countries and further details are available at
http://www.ato.gov.au/corporate/pathway.asp?pc=001/009/039
5.3
Consultancy fees
Only overseas appointees approved as IDRCs (as defined in section 2.1 and 2.2(c)) may be paid consultancy
fees. IDRCs may also be remunerated as employees of the University in which case they would need to have
“right to work” in Australia normally through sponsorship by UTS.
In order to be paid a consultancy fee, the IDRC must satisfy all of the following:
>
>
>
>
>
6.
hold an appropriate visa before entering Australia (refer to 3.1, “Visas for Honorary Appointees and IDRCs”)
be covered by an applicable ITT Agreement (refer 5.2 above)
satisfy the contractor rules as advised by the Australian Taxation Office – refer to:
http://www.ato.gov.au/content/Businesses/downloads/N2780-4-2003WithholdingGuideNo2.pdf
provide an invoice for services rendered
provide a completed “Statement by a Supplier - reason for not quoting an ABN number” – available at
http://www.fsu.uts.edu.au/tax/websitelinks/StatementbySupplierNoWithholdingnat3346ap.pdf.
AUTHORITIES AND ACCOUNTABILITIES
The Chancellor, Vice-Chancellor, Senior Deputy Vice-Chancellor, Deputy Vice-Chancellors, Directors, Deans
and University Librarian may approve or decline requests to offer sponsorship, reimbursements and/or
employment to overseas appointees for their Division, Unit or Faculty in accordance with this document.
The Chancellor, Vice-Chancellor, Senior Deputy Vice-Chancellor and Deputy Vice-Chancellor (Research) may
approve or decline requests to engage International Distinguished Research Consultants (IDRC).
7.
SPECIFICATION OF RELATED UTS AND OTHER RELEVANT DOCUMENTATION
7.1
UTS Documentation
Human Resources Unit
Recruitment and Selection Directive (HR Manual 3.4)
Honorary Appointments Directive (HR Manual 3.15)
HR Recruitment site http://www.hru.uts.edu.au/recruitment/
Honorary Appointments site http://www.hru.uts.edu.au/recruit/honorary.html
Staff Relocations Guidelines (under development)
Financial Services Unit
Visiting Academic – Living Expenses website http://www.fsu.uts.edu.au/visitingacademic/visitingacademic.html
7.2
Government Documentation
Department of Immigration and Citizenship (DIAC) site http://www.immi.gov.au/
Department of Taxation site http://www.ato.gov.au/
Department of Health and Aging site http://www.health.gov.au/
3.20 Overseas staff, visitors and consultants – How to bring people from overseas to UTS
11 Nov 2008
Page 5 of 6
8.
CONTACTS
For assistance in relation to overseas appointments please contact the following:
Honorary appointments (including Adjunct
Appointments) and Occupational Trainees (ie
overseas undergraduate student undertaking
research at UTS)
Staff appointments
staffservices@uts.edu.au or extension 1060
A member of your HR Partnership team
Current Human Resources Unit staff and contact details can
be found at the HRU Contacts webpage http://www.hru.uts.edu.au/services/index.html
International Distinguished Research
Consultants (IDRC)
A member of your HR Partnership team for IDRC agreement
and, if applicable, offer of appointment
http://www.hru.uts.edu.au/services/index.html
Accounts Payable, FSU for reimbursements and/or payments
http://www.fsu.uts.edu.au/contact/index.html#accountspayable
Expense reimbursement and taxation
Accounts Payable, FSU
http://www.fsu.uts.edu.au/contact/index.html#accountspayable
9.
APPROVAL AND REVISIONS TABLES
9.1
Approvals
EFFECTIVE DATE
24 July 2008
REVIEW DATE
July 2009
ACCOUNTABLE OFFICER
Director, Human Resources
CURRENT INCUMBENT
Beverley Bosman
IMPLEMENTATION OFFICER
HR Management Services Manager and Staff Services Manager
CURRENT INCUMBENT
Kim Mackey / Ann
Leadbitter
9.2
CONTACT NO
Ext 1074 / 1089
Revision/Modification History
Date
Version
Current title
Summary of changes
24/07/08
1
New document
11/11/08
1.1
Overseas staff,
visitors and
consultants –
How to bring
people from
overseas to UTS
Unchanged
Clarification of support
provided by HRU in relation to
honorary appointments and
occupational trainees.
3.20 Overseas staff, visitors and consultants – How to bring people from overseas to UTS
Approved/
rejected
Approved
Approval
authority
Director, HR
Resolution or
file number
UR06/639
Approved
Director, HR
UR06/639
11 Nov 2008
Page 6 of 6
Документ
Категория
Без категории
Просмотров
7
Размер файла
182 Кб
Теги
1/--страниц
Пожаловаться на содержимое документа