DIBP surcharge to commence 22 March 2014

From 22 March 2014, the Department is implementing changes to enable the recovery of credit card merchant fees from clients via a surcharge on credit card payments for visa application charges (VACs) and other fees and charges. The surcharge will be applied to all clients who pay VACs and other fees and charges online and those who opt to pay at a departmental office by credit card.

The surcharge will be applied to all onshore and offshore applicants.

Full details of the surcharge will be communicated on the Department's website and at counters from 22 March.

All application forms have been updated for the new surcharge arrangements and will be available from 22 March.

Nevett Ford will provide updates once more information is made available on 22 March 2014.

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Skilled migration, Labor's attacks on skilled migrants, Operation Sovereign Borders, Manus Island

Interview with David Speers, Sky News, Canberra

David Speers: The Immigration Minister Scott Morrison is with me this afternoon. Thank you for your time. I want to start on the 457 visas. Unions have been expressing concern today about a loophole they say has been reopened that is going to allow more foreign workers in at a time when unemployment is rising. Explain to me exactly what the government has done here.

Minister Morrison: Well it is quite a minor change. What it involves is that when someone has already been approved to be a sponsor of 457s rather than having to go back and fill out all the paperwork again to have that renewed when they have reached a certain number of employees they can continue to do it but every single 457 employee who has been employed must satisfy all the tests that are currently required for finding an Australian do the job first. So there is no change to that.

Read full article here

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Greater investment flexibility as government reboots significant investor visa programme

New investment options have been added for significant investor visa applicants who wish to invest through eligible managed funds, Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash said today.

The additional options for investment come as the government works towards rebooting the significant investor visa programme, to ensure it produces the best possible outcomes for the nation.

Read full article here

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Business Visa - Significant Investor Visa (SIV)

Significant Investor Visa

The Significant Investor Visa (Visa) commenced on 24 November 2012. The purpose of the Visa is to provide a boost to the Australian economy and to compete effectively for high net worth individuals seeking investment migration. The Visa also provides an opportunity for Australian fund managers to access a new source of capital.

What are the benefits?

Previously, a migrant seeking investment migration in Australia would have to take an active role in order to obtain a visa. This included satisfying an innovation points test, an upper age limit test and also satisfying the English language requirement threshold. The Visa allows a migrant to be eligible by simply being a passive investor in Australia.

What are the key requirements?

Migrants will be required to invest AUD5 million into complying investments. Complying investments include:

• Commonwealth, State or Territory government bonds;
• an unlisted managed fund with a mandate for investing in Australia and operated by a holder of an AFS Licence issued by the Australian Securities and Investments Commission; and
• direct investment into Australian proprietary companies.

The fund must be open to other investors, and invest in one of the following categories:

• infrastructure projects in Australia;
• cash held by Australian deposit taking institutions;
• bonds issued by the Commonwealth or a State or Territory government;
• bonds, equity, hybrids or other corporate debt in companies and trusts listed on the ASX;
• bonds or term deposits issued by financial institutions;
• real estate; and
• agribusiness.

For a direct investment into an Australian proprietary company to qualify as a complying investment the following criteria must be met:

• the company must genuinely operate a qualifying business in Australia;
• the applicant must obtain an ownership interest in the company;
• the company must be registered with ASIC; and
• the business must have an Australian Business Number.

An investor must have a genuine intention to hold the investment for 4 years, and to reside in the Australian State or Territory that nominates the investor.

Additional State or Territory based requirements will apply depending on the target place of residence.  For example, the NSW requirement is that at least 30% of the AUD5 million is invested in NSW government Waratah bonds.

A permanent visa application may be lodged if, among other requirements, the migrant has held the investments for the life of the provisional visa.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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Independent review of 457 visa programme

Independent review of 457 visa programme

The Assistant Minister for Immigration and Border Protection, Senator the Hon. Michaelia Cash, announced an independent review into the Subclass 457 visa programme.

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Australia and New Zealand Cry Out for Skilled Migrant Workers

Australia and New Zealand Cry Out for Skilled Migrant Workers

Britain has always been a strong source of skilled migrants for companies ‘Down Under’, but today the need for overseas workers is reaching a peak. With more than 60% of its business accounted for by Australia and New Zealand, world mover Anglo Pacific is urging candidates to seize the moment.

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Federal Government to introduce changes to regulations for overseas adoptions

Federal Government to introduce changes to regulations for overseas adoptions

Prime Minister Tony Abbott will slash court processes for some Australian couples trying to adopt children from overseas, in the first of a potential series of changes aimed at making overseas adoptions faster and easier.

http://www.abc.net.au/news/2014-03-04/federal-government-to-make-overseas-adoptions-easier/5296528
 

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Migration case law - application for a visa (Federal Court), Chen v Minister for Immigration & Border Protection

In Chen v Minister for Immigration and Border Protection [2013] FCA FC 133 (20 November 2013) a Full Court concluded an application for a visa was made when it was received by express post at the GPO box nominated by the Minister even though not collected until the following day.

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Labor's 457 changes under review

The Department of Immigration & Border Protection (DIBP) is to undertake a review of Australia's 457 visa program.

A four-member panel, led by former public servant John Azarias, will conduct the review,

It has a mid-year deadline for its final report.

Also on the panel, which the assistant minister described as independent, are Professor Peter McDonald and ACCI director Jenny Lambert.

The Coalition last year opposed the former Labor government's June amendments to the Migration Act 1958, which reintroduced labour market testing (LMT) requirements for employers seeking to sponsor 457 visa workers and gave compliance powers to Fair Work inspectors.

ACTU secretary Dave Oliver says the Coalition's review is about helping employers fill job vacancies with international workers, and came "in the same month that saw the release of the worst unemployment figures in over a decade".

"This is appalling policy that will make it more difficult for the growing number of Australians who have lost their jobs to find work," he says.

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Temporary visa extensions - Ukrainian nationals currently in Australia

Given the volatile situation in Ukraine, Foreign Minister Julie Bishop and Immigration Minister Scott Morrison announced visa provisions to allow Ukrainian nationals in Australia to temporarily remain while their nation is under threat.

Ukrainian nationals who are currently in Australia on a visa due to expire and who may be affected by the unrest in Ukraine will be able to approach the Department of Immigration and Border Protection (DIBP) to make an application and receive an extension of their visa for a temporary period.

Subsequent applications may also be made if the situation of unrest in Ukraine is further deemed by the Government at that time to warrant a further extension.

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NEW CRITERIA - Western Australia State nomination

The new criteria for State nomination were implemented from 1 March 2014. The Western Australia Government has advised that if candidates received an invitation to apply for State nomination after 1 March 2014, the new criteria would apply.

Those who had previously received an invitation for State nomination will not be affected.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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Business Visa update (New South Wales) - subclass 132 & subclass 405 visas

NSW Trade and Investment has updated the NSW guidelines for the State nominated Business Talent (Significant Business History) Subclass 132 and the Investor Retirement (Temporary) Subclass 405 to try and provide more streamlined processing, remove unnecessary restrictions and encourage investment in NSW. The application process will be going online from 1 July 2014.

Changes to the Subclass 132 include:

• Removing the requirement to visit NSW and be interviewed before applying;


• Reducing the four million dollar annual business turnover to three million; 


• Reducing the three million business investment to 1.5 million for Sydney and one million for regional areas;


• Lowering the transfer of funds requirement to three million for Sydney and two million for regional NSW areas.

Changes to the Subclass 405 include:

• Removal of requirement to provide evidence of successful business or investment career;


• Removal of commitment to invest in a NSW business;


• Removal of visit to NSW;


• Changes to working conditions to 40 hours per week;


• If applying for a further Investor retirement visa, evidence of investment activity in NSW during previous four years is required, but is no longer tied to the investment from the previous 405.

This visa can be used as an alternative to a Parent Visa where the balance of family test cannot be met.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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