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Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

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The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.

Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

Mediation

Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.

Property Law

Nevett Ford has been conveying Victorian property for more than 150 years.

Monday 24 November 2014

Work and Holiday visa for Spanish nationals commences

The 24 November 2014, marked the commencement of the new Work and Holiday visa arrangements for nationals of Spain and Australia.

The arrangement allows for 500 young adults who meet the visa criteria to enjoy up to 12 months in Australia to study or undertake short term work.

Alternative English Language tests commence

Alternative English Language tests commenced on 23 November 2014, for the following visa programmes:

  • Temporary Graduate
  • Skilled
  • Former Resident
  • Work and Holiday 

The Test of English as a Foreign Language internet based test (TOEFL iBT) and the Pearson Test of English Academic (PTE Academic) have been added to the IELTS and OET tests for these visa programmes. 

The Cambridge English (Advanced (CAE) test will be also accepted from 1 January 2015.

Student visa applicants can continue to provide scores from the IELTS, OET, TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests. 

Wednesday 19 November 2014

Functional English - legal definition updated for Australian migration purposes


The methods for demonstrating "functional" English for para 5(2)(b)​ of the Migration Act 1958 have been updated.

The following tests and scores for demonstrating functional English will now be accepted:

  • An average score of at least 4.5 in an IELTS test.
  • A total band score of at least 32 in a TOEFL iBT test 
  • An overall band score of 30 in a Pearsons (PTE) test 

Monday 17 November 2014

Contributory Parent Visas - Apply Sooner Rather Than Later

If you are contemplating applying for a Contributory Parent Visa it would be wise to get an application lodged with the Department of Immigration as soon as possible, as processing times for this category of visa are already significant and likely to become longer with the demise of other options.

Based on current planning levels, contributory parent applicants can expect to wait 12 to 24 months for a visa grant to be made.

The Minister for Immigration has the power to ‘cap’ the number of visas which can be granted each year in a particular visa class. All parent Visa subclasses (103, 143, 173, 804, 864 and 884) are subject to capping, meaning that once the number of visa places set by the Minister for a class has been reached in a particular year, no further visas in that class can be issued and any outstanding applications will ‘rollover’ into the next processing year. For the 2014/2015 migration year the minister has allocated a total of 7175 contributory parent Visas.
 
Gradually over time, if the number of applications continues to exceed the annual cap, there can be a build up of large numbers of applications waiting to be finalised with the result that visa grants can take several years to finalise. For this reason, it is most important to get an application into the system as quickly as possible.

China - Australia Free Trade Agreement (ChAFTA) announcements

Australia and China have announced the conclusion of negotiations for a China-Australia Free Trade Agreement (ChAFTA).

The implementation of this agreement is subject to a number of treaty-making processes which may take some time according to the implementation timeline.

Fact Sheet: Movement of Natural Persons

This fact sheet provides information on:

1. Access to Australia for inter-corporate transferees, contractual service providers. Installers and servicers and business visitors.

Australia will provide guaranteed access to Chinese citizens for the following categories:

  • Intra-corporate transferees and independent executives for up to four years (including executives, managers and specialists);
  • Contractual service suppliers for up to four years; including guaranteed access for up to a combined total of 1,800 per year in four occupations: Chinese chefs, WuShu martial arts coaches, Traditional Chinese Medicine practitioners and Mandarin language tutors (subject to meeting standard immigration requirements);
  • Installers and servicers for up to 3 months; and
  • Business visitors for up to 90 days, or 6 months for business visitors who are service sellers.
  • Australia will also provide entry and stay for dependants and spouses of Chinese citizens that have been granted entry, in accordance with the FTA, for a period of longer than one year.
  • China and Australia have also committed to process expeditiously applications for immigration formalities, provide timely information on visa application progress, and ensure transparent procedures and requirements relating to the movement of natural persons of the other party.
  • In order to better facilitate the temporary entry of workers associated with trade and investment, Australia and China will also increase cooperation in the areas of skills recognition and licensing, including through encouraging the streamlining of relevant licensing procedures and improving access to skills assessments.

2. China to be include in Work and Holiday Arrangements (WHA)

Australia and China have also completed negotiations on a Work and Holiday Arrangement (WHA) under which Australia will grant visas for up to 5,000 Chinese work and holiday makers annually.

As one of the five super-growth sectors within the Australian economy, tourism is a trade and investment priority for this Government – with the potential to be our fastest growing industry over the next three decades. The WHA will increase demand for tourism services and support the development of Australia’s tourism sector, particularly in rural Australia.

This will help deliver more jobs, increased investment and economic opportunities for communities across Australia.

No implementation date has been announced.

3. Investment Facilitation Arrangements

Through a Memorandum of Understanding allowing for Investment Facilitation Arrangements (IFA) Chinese owned companies registered in Australia undertaking large infrastructure development projects above $150 million will be able to negotiate, similarly to Australian business, increased labour flexibilities for specific projects. This will be done on a case-by-case basis under arrangements similar to the former Enterprise Migration Agreements.

IFAs will provide flexibility for companies to respond to the unique economic and labour market challenges related to large infrastructure development projects. They reflect the Government’s focus on strengthening infrastructure development and attracting investment, leading to the creation of jobs and increased economic prosperity for all Australians.

IFAs will operate within the framework of Australia’s existing 457 visa system and will not allow Australian employment laws or wages and conditions to be undermined. The nationalities of eligible overseas workers under IFAs will be non-discriminatory, consistent with Australia’s 457 visa system.
 
No other details are yet available.

Additional English language tests accepted by the Department of Immigration & Border Protection - commencement dates


Two additional English language tests, the TOEFL and Pearson tests, will be accepted from the 23 November 2014 and the Department's online lodgement systems will also be updated at that date.

The Cambridge English language test is expected to be accepted from 1 January 2015.

Extra countries added to enable online Visitor visa system applications


The following countries can now access online Visitor visa applications for Australia:
 
  • Bhutan
  • Burma
  • Cambodia
  • Laos
  • Mongolia
  • Pakistan
  • Thailand

Tuesday 11 November 2014

Spain & Portugal are to be added to the list of countries eligible for the Australian 'Work and Holiday' (subclass 462) visa

Spain and Portugal are also added to the list of countries for Work and Holiday visa arrangements.

This visa allows you to:
  • stay in Australia for up to 12 months
  • work in Australia for up to six months with each employer
  • study for up to four months
  • leave and re-enter Australia any number of times while the visa is valid.
You might be able to get this visa if you:
  • are at least 18 but have not turned 31 years of age at the time you lodge your application
  • will not be with a dependent child while you are in Australia
  • have enough money to support yourself on a working holiday (about AUD 5000)
  • have enough money to buy a return or onward travel ticket at the end of your stay
  • have not previously entered Australia on a Working Holiday Visa (subclass 417)
  • have functional English
  • have a letter of support from your government (except applicants from the USA)
  • meet character and health requirements
  • are a genuine visitor.

Eligible countries

You can apply for this visa if you hold a passport from:
  • Spain (new)
  • Portugal (new)
  • Argentina
  • Bangladesh
  • Chile
  • Indonesia
  • Malaysia
  • Poland
  • Thailand
  • Turkey
  • United States of America
  • Uruguay.

Sunday 9 November 2014

Streamlined Visa Processing (SVP) - extended for Vocational Education and Training Sector

The Migration Regulations have been amended to allow student visa applicants enrolled in Advanced Diploma courses with an approved education provider to access streamlined visa processing and extend this SVP to the Vocational Education and Training sector. 

Subclass 400 Temporary Work (Short Stay) - changes to legislation

The Migration Regulations have been amended in relation to the Subclass 400 Temporary Work (Short Stay) which extends both the entry period and the stay from 3 months to 6 months

TOEFL to be accepted by professional accounting associations

The Institute of Chartered Accountants, the Institute of Public Accountants and CPA Australia have announced they will all accept TOEFL test scores to demonstrate English language proficiency for skills assessments and professional accreditation from 1 November 2014.

Australian Government Reinstates 'Non-Contributory' Parent Visa & Carer Visa

The Australian Senate voted on Thursday, September 25th of this year, to overturn the Abbott Government’s attempts to repeal a number of important and affordable visas, specifically for overseas workers’ family members and potential carers.

According to Senator Sarah Hanson-Young, the immigration spokesperson of the Greens, what the Senate has voted for is to make sure that families are given a chance to live together and be able to look after each other in Australia.

“The success of this disallowance motion means that thousands of Australian families will have a chance to reunite with relatives from around the world,” Senator Hanson-Young continued to say.

What the results of the vote mean is that from now on, the permanent residents or the citizens of Australia can sponsor their parents as well as their dependent relatives to come to the country or at least sponsor a relative to care for them in the event that they become ill and have a permanent or long-term medical condition through the 5 types of ‘non-contributory’ visas which include the Aged Parent Visa, the Aged Dependent Relative Visa, the Carer Visa, Parent Visa, and the Remaining Relative Visa.

However, these visas are only going to be made available for a limited time (possibly up to six months from now), so if you would like to lodge an application for one of these visas it would be better that you submit it as soon as possible. In addition, only the new applications are going to be accepted for these visa subclasses. This means that any application lodged after the 2nd of June, 2014 and before the 25th of September also of this year, is going to be considered invalid. Therefore, it’s going to have to be submitted once again.

It may be an inconvenience but these are the new guidelines which would have to be followed in order for the lodged applications to be valid.

Thursday 6 November 2014

DIBP Seeking Public Opinion for Migration Programme of 2015-2016

It has been announced by the Department of Immigration and Border Protection (DIBP) on the 14th of October of this year that the government of Australia is seeking the view of the public in preparation for the 2015 to 2016 Australian Migration Programme.

There are 2 components that can be found on Australia’s migration programme:
  • The Humanitarian Component – This one is for refugees and other individuals who are in need of humanitarian assistance.
  • The Migration Component – This consists of skill stream migrants, the family stream migrants, and the special eligibility migrants.
The government reviews a range of factors every year to take into consideration for migration levels to be set for the following year. The planning level made last year for the Migration Programme for the period of 2014-2015 was set at one hundred ninety thousand places. The Humanitarian Programme was set to thirteen thousand seven hundred fifty places.

According to the announcement, the Australian public’s views regarding the optimal composition and size of the permanent migration program has a very crucial role when it comes to the process of setting levels of migration.

In order for the DIBP to collect the views of the public for the Immigration Programme period of 2015-2016, a discussion paper was introduced to provide a wide starting point for considering what the best settings are going to be for next year’s levels of migration. It was also stated in the announcement that the discussion paper canvasses both the social and economic factors which are important in taking into account the programme’s settings.

A link is provided at the end of the discussion paper leading to a short survey which aims to seek for the views of the Australian public regarding the migration programme’s optimal size and composition. The DIBP ensures that all input gathered from participants are going to be taken into extreme confidentiality.

Anybody who is interested in the 2015-2015 migration programme of Australia can volunteer to having their views included by simply reading the discussion paper and then completing the survey. Deadline of submission is on the 5th of December of this year.