• Section 1 - Key Information
• Section 2 - Purpose
• Section 3 - Scope
• Section 4 - Key Decisions
• Section 5 - Policy Statement
• Section 6 - Procedures
• Applications
• Renewal
• Responsibilities
• Further Information
• Section 7 - Definitions
• Section 8 - Authority and Associated Information

Section 1 - Key Information

Section 2 - Purpose

(1) The University recognises the importance of attracting and maintaining staff that enhance the quality and reputation of the University and are also aligned to La Trobe’s strategic vision. In approved circumstances, the University may provide visa sponsorship for academic and professional staff.

Section 3 - Scope

(2) This Policy and Procedure is applicable to all prospective and current staff members who require a visa to legally work in Australia for The University.

Section 4 - Key Decisions

Section 5 - Policy Statement

(3) All items outlined in this Policy are discretionary and dependent on the University’s business need and the individual’s personal circumstances. 

Working Visas

(4) The choice of visa will be dependent on the activities being undertaken, whether any remuneration is paid and the length of the stay. People & Culture will work with their nominated Immigration Lawyer to establish the most appropriate visa for the position.

(5) People & Culture will work with individuals to determine their current working rights in Australia.

Permanent Residency

(6) People & Culture, in consultation with the hiring manager, will consider individual requests for permanent residency. Such requests will be considered on their individual circumstances.

Approvals 

(7) Visa sponsorship approvals must be obtained by the respective School/Division.

Immigration Lawyer

(8) The University will use its designated immigration lawyer for visa applications.

Costs

(9) All costs associated with applications for all Visa’s are the responsibility of the School/Division and/or the individual (where required). 

Visa Application Requirements

(10) Visa requirements are determined by the Department of Home Affairs (DHA). The University’s Immigration Lawyer will guide the individual on requirements.

(11) Conditions of La Trobe Sponsorship

1. in accordance with Australian legislation, staff cannot commence employment until they have been granted the appropriate visa by DHA;
2. individuals cannot commence relocation (where funded by the University) until they have been granted the appropriate visa by DHA;
3. individuals who self-fund relocation to Australia may commence relocation arrangements however should the visa not be granted, the University will not be responsible for any reimbursement of costs;
4. individuals must comply with the rules of their visa;
5. the University will abide by all obligations of the relevant visa of an individual;
6. staff cannot work beyond their visa expiry date, unless an extension is applied for and granted;
7. job offers are subject to visa approval; refer ‘Visa Not Granted by Government’ below;
8. repatriation costs are not automatically included in the sponsorship. Staff may discuss their requirements with their hiring manager. The University will however comply with any legislated requirements that may be relevant at the time of repatriation. 

Visa Not Granted by DHA

(12) If a visa is not granted by DHA, any offer or contract of employment will become null and void.

Termination of Employment

(13) Both the individual and the University must comply with their legislated requirements where a termination of employment has occurred.

Section 6 - Procedures

Applications

(14) A preferred candidate is identified and working rights for Australia are confirmed.

(15) Should a visa sponsorship/permanent residency be required, relevant approvals are obtained.

(16) People & Culture engages the Immigration Lawyer to manage the relevant visa requirements and application.

(17) People & Culture collates the required documentation from the individual and forward this to the Immigration Lawyer.

(18) The Immigration Lawyer will coordinate the application liaising directly with the individual.

(19) People & Culture, with relevant approvals, proceeds to appoint the individual to the position subject to the visa application outcome.

(20) The Immigration Lawyer will notify both the individual and La Trobe of the outcome of the application.

Renewal

(21) Visas identified as requiring renewal are notified via the University’s HRIS to the Hiring Manager and the individual.

Responsibilities

(22) People & Culture is responsible for:

1. confirming visa requirements with the Immigration Lawyer;
2. liaising with the Immigration Lawyer to facilitate visa applications; and 
3. notifying the hiring manager and all relevant stakeholders of the visa application outcome.

(23) Immigration Lawyer is responisble for:

1. advising the Talent Acquisition team member and staff member/area on what visa is appropriate for the proposed appointment;
2. lodging visa applications with DHA ensuring compliance with the sponsorship requirements;
3. providing immigration assistance to current and prospective staff members; and 
4. notifying the Talent Acquisition team member of documentation required and the progress of the application.

(24) The individual is responsible for:

1. notifying the University of any conditions associated with a current VISA or if they have a VISA sponsored by another employer; 
2. ensuring their current VISA is valid and they must notify People & Culture of any renewal or VISA status changes for our records and compliance. 

Further Information

(25) Further information can be obtained from the Department of Home Affairs (DHA).

Section 7 - Definitions

(26) For the purpose of this Policy and Procedure:

1. DHA: is the Department of Home Affairs.
2. Repatriation: is the process of returning someone to their place of origin or citizenship.

Section 8 - Authority and Associated Information

(27) This Policy is made under the La Trobe University Act 2009.

(28) Associated information includes:

1. Talent and Acquisition intranet