Terms and Conditions - Construction Visa Subsidy Program

The Construction Visa Subsidy Program (CVSP) has been introduced to provide financial support for employers and independent skilled migrants to assist them to connect with employment opportunities in the Western Australian building and construction industry.

The CVSP is administered by the WA Department of Training and Workforce Development (DTWD), and provides grant payments of up to $10,000 to support skilled migration visa pathways for up to 1,100 overseas workers. Grants may be used to offset costs such as migration agent fees, visa application fees and relocation expenses.

The CVSP will commence on or after 1 July 2023 for a period of 12 months, or until places are fully allocated.

By participating in the CVSP, applicants agree to comply with the Terms and Conditions. The Terms and Conditions, including all appendices hereto, together with any other documents having contractual force, shall constitute and be known as “this Agreement”. Please note that terms used in one document and expressly or impliedly defined in another shall have the meanings ascribed to them in that other document.

2.1 Employer Sponsored Stream

To be eligible for the Employer Sponsored Stream, employers must:

• sponsor skilled migrants in one of the following visa subclasses:

         o 482 - Temporary Skill Shortage (TSS) Visa – medium term (up to 4 years) or short term (up to 2 years);

         o 494 - Skilled Employer Sponsored Regional (Provisional) Visa – up to 5 years; and o 186 – Employer Nominated Scheme (ENS) – permanent.

• be headquartered and undertaking commercial and/or residential building and construction work in Western Australia, in one of the occupations listed at Appendix 1.

Labour hire companies and Group Training Organisations acting as direct employers, are ineligible for the program.

Information about how to sponsor a skilled migrant can be found on the Department of Home Affairs website.

2.2 State Nominated Migration Program Stream

• Available for skilled migrants granted visas through the WA State Nominated Migration Program (SNMP):

          o 190 Skilled Nominated (permanent); and

          o 491 Skilled Work Regional (Provisional).

• Applicants must commence work: o with an employer headquartered and undertaking residential and commercial construction work in WA; and o in one of the eligible occupations listed at Appendix 1.

Onshore skilled migrants who are eligible for the Skilled Migrant Job Connect Subsidy Program(opens in a new tab), may also be eligible for the CVSP.

Information about applying for the SNMP can be found on DTWD’s Migration Services website(opens in a new tab).

2.3 Program level targets

The following program level targets will be considered in the allocation of program places:

• trade v para-professional/professional occupations;
• mix of occupations;
• reasonable spread of employers (employer sponsored); and
• reasonable mix of metropolitan and regional places.

2.4 Eligible costs

Applicants will be eligible to utilise the subsidy to offset costs incurred in the migration process.

These may include but are not limited to:

• recruitment costs;
• fees paid to a registered Migration Agent¹;
• visa application fees(opens in a new tab); and
• relocation costs.

2.5 General eligibility criteria

• Applications will be reviewed in accordance with approved program eligibility criteria, and specific evidentiary requirements at each milestone payment point.
• To be eligible for milestone payments, employer sponsored and/or independent skilled migrants (SNMP stream) must have lodged their visa and had it granted, on or after 1 July 2023.
• In addition, validation checks will be conducted to ascertain the following:

          o employer has a valid Australian Business Number (ABN) and this has been verified on ABN Lookup;

          o employer/skilled migrant is registered to use DTWD’s WAAMS system, and their bank details have been provided; and

          o employer/skilled migrant has confirmed that they agree to the Construction Visa Subsidy Program – Terms and Conditions.

2.6 Program exclusions

The CVSP is not available to:

• labour hire companies and Group Training Organisations (GTOs) as direct employers;
• State and Commonwealth government agencies.

2.7 Comply with Laws

Employers and skilled migrants in receipt of payments under the CVSP, must comply with this Agreement, and all Laws in relation to the CVSP.

2.8 Information

If DTWD requests that an employer or skilled migrant provide DTWD with information or access to information, which is in any way relevant to the CVSP, this Agreement or any application for funding submitted by the employer or skilled migrant, the employer or skilled migrant must promptly comply, ensuring that the information so provided, or to which access is provided, is true, accurate, complete, current, sufficiently detailed and in no way misleading or deceptive.

In this clause, ‘information’ includes data, records and other documentation.

¹ Migration Agents who operate in Australia must be registered with the Office of the Migration Agents Registration Authority (OMARA), the Australian government authority that registers migration agents and regulates the Migration Agents profession.

3.1 Employer sponsored stream

• Eligible employers will receive payments of up to $10,000 per skilled migrant, at three milestone payment points:

          o Milestone 1 - $2,000;

          o Milestone 2 - $4,000;

          o Milestone 3 - $4,000.

• Table 1 provides an outline of the documentation required by employers to support their claim for payment at each milestone point:

3.2 State Nominated Migration Program stream

• To be eligible to access the CVSP as an independent skilled migrant, applicants must have been granted a visa through WA’s State Nominated Migration Program (SNMP).
• Detailed information about the SNMP can be found here – https://migration.wa.gov.au/our-services-support/state-nominated-migration-program(opens in a new tab)
• Once a visa is granted through the SNMP stream, eligible independent skilled migrants will receive payments of up to $10,000.
• Payments will be disbursed at two milestone points:

         o Milestone 1 - $5,000 (offshore applicants) or $2,500 (onshore applicants); and

         o Milestone 2 - $5,000 (offshore applicants) or $2,500 (onshore applicants).

• Skilled migrants will be required to support their claim for payment at each milestone point, with documentation listed at Table 2 (Offshore Applicants), or Table 3 (Onshore Applicants)

⁴ To be eligible for payments as an offshore applicant, skilled migrants must have had lodged their visa while residing outside of Australia, on or after 1 July 2023.

⁵ To be eligible for payments as an onshore applicant, skilled migrants must have had lodged their visa while residing in Australia, on or after 1 July 2023.

3.3 Payment Methods

Employers

Payments will be made to an employer’s nominated bank account, after validation checks of information and supporting documentation provided by the employer, are conducted.

To facilitate payment, eligible employers must have the following access levels in DTWD’s WAAMS system:

• WAAMS online client portal login (https://waamsportal.dtwd.wa.gov.au(opens in a new tab)) – this gives users access to view their organisation details record and make approved changes as required; and
• Financial Administrator – the employer must nominate a Financial Administrator who will have access to create and edit the organisation’s bank details as required.

Skilled migrants (SNMP stream)

Payments will be made to the bank account nominated on the milestone claim form, after validation checks of information and supporting documentation provided by the skilled migrant, are conducted.

4.1 Employer Sponsored Stream

Step 1

If you are making your first milestone 1 claim:

• complete the CVSP Employer Sponsored Stream – Milestone 1 – Claim Form(opens in a new tab);
• agree to comply with the Construction Visa Subsidy Program - Terms and Conditions;
• declare your intent to become a sponsor with the Department of Home Affairs (DHA), and sponsor a skilled migrant; and
• submit your completed claim form.

If you are making your second milestone 1 claim OR two to five milestone 1 claims at the same time:

• complete the CVSP Employer Sponsored Stream – Milestone 1 – Claim Form(opens in a new tab);
• agree to comply with the Construction Visa Subsidy Program - Terms and Conditions;
• declare your intent to become a sponsor with the Department of Home Affairs (DHA), and sponsor a skilled migrant; and
• provide a brief outline of planned and upcoming work including the occupations your sponsored skilled migrant will be working in; and
• submit your completed claim form.

If you have already made five milestone 1 claims OR you are submitting six or more milestone 1 claims at the same time:

• complete the CVSP Employer Sponsored Stream – Milestone 1 – Claim Form(opens in a new tab);
• agree to comply with the Construction Visa Subsidy Program - Terms and Conditions;
• provide your confirmation of registration as a sponsor with the Department of Home Affairs (DHA);
• provide a business plan demonstrating the need for additional skilled workers, and include the occupations your sponsored skilled migrants will be working in;
• describe your plans for onboarding and supporting your skilled migrants; and
• submit your completed claim form.

Step 2

If you have not already found a skilled migrant you would like to sponsor, you can enter your details on DTWD’s Skilled Migrant Employment Register(opens in a new tab) (SMER).

The SMER can help connect you with skilled migrants who have indicated that they are seeking employment opportunities in WA, including preferred occupation, current location and employment intentions.

You may also choose to engage a registered Migration Agent(opens in a new tab) who can help you to link with a skilled migrant, and assist you through the visa process.

Step 3

Apply to become a sponsor (opens in a new tab)with the Commonwealth Department of Home Affairs, and nominate an occupation and the skilled migrant you want to sponsor.

Step 4

Work with your skilled migrant and/or Migration Agent, to select the visa that your skilled migrant is eligible for.

Your nominated skilled migrant should then lodge the visa application(opens in a new tab) through the Department of Home Affairs ImmiAccount (opens in a new tab)gateway service.

Step 5

When your skilled migrant’s visa has been granted, complete Employer Sponsored Stream - Milestone 2 - Claim Form(opens in a new tab) to receive your second payment.

Step 6

When your skilled migrant has commenced employment with you and received their first payslip, complete Employer Sponsored Stream - Milestone 3 - Claim Form(opens in a new tab) to receive your final payment.

4.2 State Nominated Migration Program Stream

Step 1

Lodge an Expression of Interest in SkillSelect(opens in a new tab) to indicate your interest in WA State Nomination.

Detailed information including a step by step process to apply for the State Nominated Migration Program, can be found here.

Step 2

If you have not already linked with an eligible WA employer, you can enter your details on the Skilled Migrant Employment Register (SMER).

The SMER allows you to indicate your interest in working in WA, and provides the opportunity for an employer to connect with you. You may also choose to engage a registered Migration Agent(opens in a new tab) to assist you through the visa process.

Step 3

Once you have been approved for State Nomination and your visa has been granted by the Commonwealth’s Department of Home Affairs, register your arrival and visa approval with Migration Services here(opens in a new tab).

Step 4

When you have commenced your employment with an eligible employer, and received your first payslip, complete the State Nominated Migration Program Stream - Milestone 1 - Claim Form(opens in a new tab) to receive your first payment.

Step 5

When you have completed six months of work in WA’s construction industry, complete the State Nominated Migration Program Stream - Milestone 2 - Claim Form(opens in a new tab) to receive your final payment.

5.1 Goods and Services Tax

GST does not apply to subsidies paid by DTWD to employers and individual skilled migrants under the Construction Visa Subsidy Program, and all subsidy amounts paid are GST exclusive. Eligible applicants are solely responsible for obtaining their own independent legal and financial advice about tax and any other legal impact that receipt of the subsidy may have in their individual circumstances.

For this purpose:

• “GST” means the goods and services tax applicable to any taxable supplies as determined by the GST Act; and
• “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and includes all associated legislation and regulations; and
• the terms “supply”, “tax invoice”, “taxable supply” and “value” have the same meanings as in the GST Act.

5.2 Taxable Payment Annual Reporting (TPAR)

The subsidy payments are subject to the taxable payments reporting requirements of the Australian Taxation Office (ATO) following receipt of the payment.

From 1 July 2017, federal, state and territory government entities are required to report grants they make to people or organisations with an ABN each financial year from 1 July to 30 June.

Details of grants paid to each recipient are provided on a Taxable Payment Annual Report (TPAR) submitted electronically to the ATO on 28 August each year. DTWD reports details of payments such as the name of the organisation receiving the payment, total amount paid and date of payment in the TPAR.

Reportable grant payments include subsidies under the Construction Visa Subsidy Program paid to entities with an Australian Business Number (ABN) each financial year.

Unpaid grants as at 30 June each year are reported in the following financial year’s TPAR.

There is no requirement by the ATO for DTWD to provide recipients with any details of the information reported to the ATO on the TPAR.

If you receive a payment under the Construction Visa Subsidy program, and are an entity with an ABN under this program, the payment will be reported to the ATO.

The ATO may contact grant recipients about subsidy payments reported on the TPAR.

Further information about the TPAR is available on the ATO website.

Repayment of subsidy payments will be required where the employer and/or skilled migrant:

• seems to be manipulating the CVSP as evidenced by their retrenchment or recruitment patterns; or
• has no lawful basis for or entitlement to the payment, or where the employer or skilled migrant has provided to DTWD incorrect, incomplete, misleading or deceptive information under or in connection with the CVSP; or
• has breached these Terms and Conditions or this Agreement; or
• is not meeting their workplace obligations; or
• is behaving, or has behaved, unlawfully, dishonestly, or unethically.

7.1 Use of Personal Information

DTWD may collect, make a record, or otherwise use personal information for the purposes of administering the CVSP. Personal information may be disclosed to third parties for the purposes of administering and carrying out functions relating to the CVSP.

7.2 Disclosure of Personal Information

Personal information may be disclosed to and sought from, third parties for the purposes of administering and carrying out functions relating to the CVSP.

Third parties include, but are not limited to:

• • Commonwealth Government departments and agencies; and
• • Western Australian Government departments and agencies.

7.3 Management of Personal Information

Personal information collected under the management and administration of the CVSP, will be managed in accordance with the State Records Act 2000 and the Freedom of Information Act 1992 (the FOI Act).

This legislation provides individuals with protections to prevent the misuse of personal information. In addition, if an individual has a complaint about the storing or use of their personal information, they are able to contact the WA Information Commissioner.

Under the FOI Act, an Information Commissioner has been appointed to:

• deal with complaints about decisions made by government agencies; and
• investigate possible interference with personal information, either following a complaint by the individual or of the Commissioner’s own initiative.

Further information about the role of the Information Commissioner can be found at www.oic.wa.gov.au(opens in a new tab).

8.1 Overview

DTWD is committed to procedural fairness in the administration of the CVSP. It is intended that all decisions are consistent, equitable and transparent within the limits and constraints of the approved polices for the CVSP.

In the interests of procedural fairness, an employer or skilled migrant has a right to request a review of a decision in relation to eligibility for a payment.

8.2 Process for Review of Decisions

The process for the review of decisions is as follows:

• A written request for a review should be made directly to DTWD by emailing cvsp@dtwd.wa.gov.au(opens in a new tab). The request should outline the reasons the employer or skilled migrant considers the decision to be incorrect or unfair and, where appropriate, provide additional evidence to support a review of the case.
• The review will be conducted by a senior DTWD staff member, at Director level or above.
• Upon review, DTWD will re-examine the decision taking into account the policies and intent of the CVSP, the reasons that the claimant has put forward for review of the decision and any additional information provided.
• DTWD will only review on a fully open and transparent basis. Accordingly, all relevant information must promptly be forthcoming from the employer or skilled migrant.

8.3 Notification of Outcome

DTWD will aim to notify the employer or skilled migrant of the review decision, in writing, within 28 days of the review being requested.

The review decision will be provided in writing and include a clear explanation of the reason(s) for the review decision.

DTWD will consider declarations and supporting documentation in an endeavour to review a decision to ensure that the best possible outcome is achieved, balancing the rights of the employer or skilled migrant with the prudent use of public monies.

When considering a request for a review of the decision the following may be considered (amongst other relevant factors):

• Would the employer or skilled migrant be eligible for the payment if it were not for the exceptional circumstance(s)? This determines the basic eligibility for the payment(s) in dispute.
• Is the exceptional circumstance(s) out of the control of the employer or skilled migrant? If yes, then exceptional circumstances may apply.
• Has the payment been disrupted by unexpected or unplanned events that have impacted on the ability to provide supporting evidence or take necessary actions within the required time limits? If yes, then exceptional circumstances may apply.

Exceptional circumstances are circumstances that are unusual, uncommon, unexpected or unplanned.

A continuing obligation throughout any period of participation in the CVSP is that each employer or skilled migrant hereby declares and warrants to DTWD and the State, and all their respective officers, employees and agents, that they have read, understood and accept these Terms and Conditions and that they have been truthful, and wholly forthcoming with all relevant information, in respect to their application to participate in the CVSP.

Eligible employers and where applicable, skilled migrants, are solely responsible for obtaining their own independent legal and financial advice about tax and any other legal impact that receipt of the CVSP may have in their individual circumstances.

DTWD reserves the right to:

• vary these Terms and Conditions, the eligibility criteria or any other documented rule or procedure at any time; and
• accept or reject any application for participation in the CVSP in its absolute discretion; and
• cease the CVSP at any time should State Government policy change or the budget allocation for the CVSP be re-prioritised.

The CVSP as administered by DTWD, is subject to audit by the Western Australian Auditor General. Employers or skilled migrants may be asked to provide information during the audit process; if asked, they must promptly comply.

In administering the CVSP, measures have been taken to minimise red tape and simplify the payment process for employers. This is balanced with the need to ensure CVSP payments are made correctly to eligible employers and skilled migrants.

DTWD is always looking to improve processes and systems.

Stakeholder feedback is welcomed and can be provided to DTWD by:

Telephone: 13 19 54

Email: cvsp@dtwd.wa.gov.au(opens in a new tab)