Employer is negotiating salary to pay for 186 Visa fees. Thoughts?
Hi,
TL;DR: I didn't receive a pay rise this year. Instead, the employer is suggesting to use the $10k which would otherwise be a salary increase to pay for the visa. Is this legal?
Need your opinions if I'm misinterpreting 'paying for visa sponsorship' correctly: https://www.fairwork.gov.au/find-help-for/visa-holders-migrants
More info:
- 2022: When joining the company, I negotiated that the employer would pay $6k towards visa fees (I'd applied for 189/190 independently at the time, which would cost about $6k) - 2023: No pay rise, but excellent performance review (employer's reason for looking into pursuing 186).
- I ask about the 186 visa, as the 189/190 are taking too long (and, I'm pregnant, so wanted to know if I could get it faster).
- Employer and myself met with an external migration agent who suggested the fees:
- Approx. $7k (first step, which legally the company has to pay - I checked this with the migration officer)
- Approx. $11k (second step, which employee pays. But since I negotiated in my joining contract for $6k, I want my employer to pay this partially)
Adding specific info: https://docs.google.com/spreadsheets/d/e/2PACX-1vT2Aae83rYJW0GRt4O4GjfPTzIO-ev1W_VY4myVvtem2ahxqHUfn_LtSnPn5YKHXRuQZ_-TPxBdLEpj/pubhtml
Edit: See this, I think it may be illegal: 'It is illegal for a person to pay an employer to sponsor them for a visa. This includes situations where the person pays the employer, or a deduction is made from their salary, or the person provides any other benefit to the employer.' https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/learn-about-sponsoring/cost-of-sponsoring