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Thursday 29 January 2015

Migrants to Australia at a record high

The nation's migrant population is at its highest since the gold rush era of the late 1800s, says a new report.


Asian arrivals are rapidly changing the face of Australia, with the number of Chinese and Indian-born residents nearing the one million mark.


Almost 30 per cent of Australians were born overseas as of 30 June 2014 according to the Australian Bureau of Statistics (ABS) report Migration Australia 2013-14 which was released on 29 January 2015.


This included 1.22 million UK-born people, 617,000 New Zealanders, 447,400 from China and 397,000 Indians and 225,000 Filipinos.


SOURCE: Herald Sun newspaper 30 January 2015

Tuesday 27 January 2015

Japan-Australia Economic Partnership Agreement (JAEPA) & the subclass 457 visa program


The Japan-Australia Economic Partnership Agreement (JAEPA) entered into force on 15 January 2015. 


Australia’s international trade obligations which preclude labour market testing in the 457 programme are specified in a Legislative Instrument.  Due to the close proximity of the entry into force dates of the JAEPA  and the Korea-Australia Free Trade Agreement (KAFTA), a separate Legislative Instrument IMMI 14/113: Japan Australia Economic Partnership Agreement Determination 2014 has been created to specify Australia’s commitments under the JAEPA which immediately came into force from 15 January 2015.  

The effect of the obligations under the JAEPA is that labour market testing will not be applied to Japanese nationals or to employees of businesses in Japan transferring to an Australian branch of that business being nominated under the 457 programme.


Significant Investor Visa (SIV) (subclass 888) changes - 1 July 2015


Eligibility for the permanent SIV from 1 July 2015 will require the following residency:

  • The primary applicant to reside in Australia for 40 days per year OR the secondary applicant (spouse) to reside in Australia for 180 days per year.
  • There will be no residency requirement for all other secondary applicants.
  • This residency requirement will be per year and be calculated cumulatively over the four year period of the provisional visa, i.e. 160 days over four years for a primary applicant or 720 days over four years for the secondary applicant (spouse).

Wednesday 21 January 2015

Review of the Temporary Work (Entertainment) visa (Subclass 420)


The Department of Immigration & Border Protection (DIBP) and the Ministry for the Arts, Attorney-General’s Department are undertaking a review of the Temporary Work (Entertainment) visa (Subclass 420). The review is in support of the Australian Government’s commitment to reducing the burden and cost of unnecessary or inefficient regulation imposed on individuals, business and community organisations:-


http://www.immi.gov.au/pub-res/Documents/discussion-papers/review-temporary-work-entertainment-visa.pdf

Trades Recognition Australia (TRA) changes


Provisional Skills Assessment - Removal of the International English Language Testing System eligibility requirement

From 16 January 2015 Provisional Skills Assessment (PSA) applicants are no longer required to provide an International English Language Testing System (IELTS) result as part of the eligibility requirements.

Skilled Migration and Temporary visa - DIBP review

The Department of Immigration & Border Protection (DIBP) have just released their latest discussion paper on skilled migration and temporary visas:


http://www.immi.gov.au/pub-res/Documents/discussion-papers/proposal_paper_dec14.pdf

457 visa changes about flexibility - Prime Minister Tony Abbott


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Prime Minister Tony Abbott says he will overhaul the 457 visa scheme as part of his innovation and competitiveness agenda.



Mr Abbott says he wants to make changes to the scheme to make the 457 visa process more flexible for business.


The Federal Government says the current 457 visa scheme is too rigid and any changes are not a way of substituting overseas labour for domestic labour.


Those planned changes include streamlining the processing of sponsorship, nomination and visa for low-risk applicants.


And they include increasing the sponsorship-approval period from 12 to 18 months for start-up businesses.


The Government says that would give start-ups more time to make their businesses sustainable.


There would also be more flexible English-language testing and skill requirements for 457 applicants. Mr Abbott says safeguards would be kept in place to prevent exploitation and protect local workers.And he says the Government would continue to require foreign workers be paid the same as Australians.


"We want these to be more flexible, and we want these to be a way of helping business to grow. 457s are not a way of substituting overseas labour for domestic labour. They are a way of helping Australian businesses to grow so that Australian workers have more opportunities and higher wages. So, where there is the chance of more investment and substantially more employment for Australians if we are more flexible, that's what we want to look at. "


While business has complained the 457 visa scheme is too rigid, unions fear businesses seeking cheap overseas labour could rort the system. The main union representing construction workers has criticised the Government's planned changes, saying workers' rights would be undermined. The secretary of the Construction, Forestry, Mining and Energy Union, Michael O'Connor, says they would be bad news for overseas workers and unemployed Australians. "The changes will basically impact badly on 457 visa workers, and it will impact badly on those people in Australia looking for work. It will increase the chances of 457 visa workers being seriously injured or even killed on the job, because it's going to water down English requirements and that's going to compromise health and safety on especially the areas that we cover. And by allowing employers easy access to 457 visa workers, it's going to make sure that young people and people who are looking for work, long-term unemployed, aren't going to get a chance for a job when they should do."

But the national president of the Migration Institute of Australia does not share CFMEU concerns about the effects of poor English-language skills. Angela Chan says current English-language requirements are too strict and she also agrees with the Government that more flexibility is needed in other areas of the scheme.


"What's happened is that the program had bogged down in red tape and requirements that made it very difficult for employers to sponsor skilled workers from overseas. People often don't need to have a high level of English to perform their trades. For example, a cook ... I would rather have a cook that could cook a beautiful and safe and hygienic and first-class sushi, or any other type of food that requires a high level of skill, then (for that cook) to be able to read the sports pages of the local newspaper."


The Opposition says Mr Abbott's announcement on the visas is unclear and it is concerned the changes could have occupational health-and-safety implications.


The Government says it will soon make further announcements on the recommendations of reviews into both the 457 and the Significant Investor Visa programs.

SOURCE: SBS

Monday 12 January 2015

Significant Fines for Breaches

The owners of Dave’s Noodles, a noodles restaurant in Launceston have been fined $100,000 for underpaying a Chinese chef on a 457 Visa, and creating false wage records.

Over a period of four years the chef received a shortfall of $86,000 and eventually lodged a complaint with the Fair Work Ombudsman. When his claim was investigated the inspectors discovered the worker was being paid at a flat rate based on a 38 hour week while his employers were requiring him to work 60 hours per week.

The owners compounded their culpability by requiring the chef to sign false time and wage sheets for migration purposes, thereby making it clear that they knew that what they were doing was wrong.

In addition to imposing a fine the Federal Court ordered the employee be paid what was owed to him. The Court pointed out that the worker was in a vulnerable position, having to rely on the employer  in order to able to stay in Australia, and observed that the fraudulent paperwork was ‘particularly disturbing behaviour’.


This case highlights that employers who breach their sponsorship obligations and by doing so, impact on the rights of vulnerable members of the community, will be dealt with severely by the courts. 

Contact our specialist Australian Migration Lawyers for any questions about this article or Australian migration and visas.