Employer Penalties - employing a non-citizen who is not allowed to work in Australia

Employer Penalties:

Since 2007, it has been a criminal offence to employ a non-citizen who is not allowed to work in Australia. These offences apply to employers, labor hire companies, employment agencies, and anyone who allows illegal workers to work, or refers illegal workers for work.

On 1 June 2013, new laws introduced civil penalties and infringement notices for businesses that allow illegal work. The law also broadens who can be held liable and provides new evidence gathering powers. Criminal penalties remain.

The new penalties apply where a person allows or refers:

• An unlawful non-citizen to work
• A lawful non-citizen to work in breach of a visa condition that limits or restricts work.

Maximum Penalties for Employees and Employers

Illegal Worker Warning Notice

Administrative Warning

Infringement
$3,060 fine for individuals
$15,300 fine for bodies corporate


Civil penalty
$15,300 fine for individuals
$76,500 fine for bodies corporate


Criminal offence
$20,400 fine and/or two years imprisonment for individuals
$102 000 fine for bodies corporate


Aggravated criminal offence
$51,000 fine and/or five (5) years imprisonment for individuals
$255,000 fine for bodies corporate


Note: All penalties are per illegal worker. An example of an individual would be a sole trader; a body corporate would be a company.

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Corporate Visa Lawyers - 457, 186, 400 visas

Nevett Ford Lawyers Melbourne offers in-depth experience and flexible solutions to even the most complex cases to develop a customized service model. This model is highly tailored to your corporate culture and ensures that they are in compliance.

Our comprehensive consulting and compliance services include:

• Providing assistance with the development of internal immigration policies.
• Evaluating compliance issues.
• Assessing the immigration impact of a merger or acquisition.
• Developing immigration solutions.

In addition to the compliance services we offer in our end-to-end case management services, including:

• Development of internal immigration policies,
• Review of existing practices to protect you from inadvertent non-compliance with immigration laws,
• Assessment of the impact of mergers and acquisitions and divestitures on overall immigration program,
• Continuous monitoring to ensure compliance and maintenance of proper legal status dependent on the type of visa or work permit required,
• Training and guidance to human resources departments or business units on compliance requirements, including fines and penalties that may be imposed for failure to comply, and
• Advice on complex immigration issues and the development of customized processes involving more than one employee and/or country (such as group moves of consultants or auditors into various countries for short-term assignments)

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Notice of changes to Visa Application Charges

Notice of changes to Visa Application Charges
As part of the 2015-16 Commonwealth Budget, the Government is introducing an  increase, effective from 1 July 2015, to a number of Visa Application Charges (VACs).


The proposed adjustments to the VACs, which come into effect on 1 July 2015,  include:

• A price increase in line with inflation (2.3 per cent) to specific visas within the Permanent Migration Skill Stream, Skilled Graduate, Temporary Long Stay Business (Subclass 457), Visitor and Student visa streams.
• A 5 per cent price increase to specific visas within the Temporary Resident Short Term Business and Entertainment visas, Working Holiday visas, Resident Return and Retirement Investor visas, and Contributory Parent visa streams.
• A 10 per cent price increase on specific visas within the Other Family (Remaining Relative, Carer and Aged Dependent Relative) visas, and (non-contributory) Parent visa streams where the underlying demand is not expected to be impacted by the price increase.
• A 50 per cent increase to the Significant Investor Visa (SIV) stream in the permanent migration skill stream category where the VAC is a very small component of the minimum $5 million of investments required under the visa regulation.
• An alignment of VAC prices where a differential currently exists for lodging an onshore and offshore application for specific visa subclasses.
   
  Electronic Travel Authorities (ETA), eVisitor and Refugee and Humanitarian visas will not be affected.
   

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New work and holiday agreement with Slovak Republic

Young Australians and Slovaks can now explore and work in each other’s countries under a reciprocal work and holiday visa arrangement announced today by the Minister for Foreign Affairs, the Hon Julie Bishop and Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash.

Minister Bishop, who met and signed the agreement with Slovak Deputy Prime Minister and Minister for Foreign Affairs Miroslav Lajčák during his three-day visit, said the new arrangement demonstrated the constructive and positive relationship between our two countries.

“This agreement will provide the opportunity for a culturally rich experience for the young adults of Australia and Slovakia and strengthen our already warm people-to-people links,” Minister Bishop said.

“Both countries will be working closely over the coming months to implement these changes and to complete all necessary legal and administrative processes to bring this visa into effect.”

The work and holiday visa requires applicants to have the support of their government, hold or be studying towards tertiary qualifications, and to speak functional English.

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Fake couples and social security payments

Fake couples fraudulently claiming social security payments, or committing migration fraud, are to be targeted nationally under a blitz to be unveiled this week.

A new data-matching program will be launched to expose couples in “contrived” marriages who are receiving welfare individually, and legitimate couples who claim to be single so they can fleece taxpayer money.

The Federal Government crackdown will involve the departments of Immigration and Border Protection, and Human Services, with welfare recipients who are on single payments but have declared sponsorship of a partner for immigration purposes under the microscope.

Immigration Minister Peter Dutton said the joint operation would begin next week and target fraudsters exploiting the partner visa program.

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Changes to Citizenship Act - Opportunity to comment

The Australian Prime Minister and the Minister for Immigration and Border Protection  announced on 27 May 2015 that the Commonwealth Government intends to update the Australian Citizenship Act 2007 to include provisions to revoke the Australian citizenship of dual nationals who engage in acts of terrorism.

The new powers will apply to dual citizens who fight with or support groups such as ISIL or Daesh, as well as so-called 'lone wolves' and will apply whether the terrorism occurs in Australia or on foreign soil. 

The changes will be consistent with Australia's international legal obligation not to leave a person stateless. There will also be safeguards, including judicial review, to balance these powers.

The Commonwealth Government will also launch a national consultation to improve understanding of the privileges and responsibilities of Australian citizenship. This will be led by the Parliamentary Secretary for Social Services, Senator the Hon Concetta Fierravanti-Wells, and the Hon Philip Ruddock MP. Mr Ruddock will undertake this task as the Prime Minister’s Special Envoy for Citizenship and Community Engagement.

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EB-5s and U.S. Visas in the Latest News

Latest EB-5 Trends:

http://www.forbes.com/sites/andyjsemotiuk/2015/05/21/whats-trending-in-the-u-s-eb-5-investor-immigration-world/

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New Tool to Look Up LCA and Salary Information– “U.S. Visa Explorer”

Interesting Statistics on the Number of LCAs and Salary Comparison for Major Companies:

http://fusion.net/story/138693/this-tool-lets-you-search-salary-data-for-thousands-of-foreign-born-tech-workers/

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Partner visa - fee increase

The Australian Department of Immigration & Border Protection (DIBP) will increase some partner visa application fees from 1 July 2015, as follows:


Propective Marriage (subclass 300) visa
Price now: $4,630 (primary applicant)


Price from 1 July 2015: $6,865


Partner (subclass 309/100) visa
Price now: $4,630 (primary applicant)


Price from 1 July 2015: $6,865


The price for Partner (subclass 820/801) visa remains the same.


We suggest that you get in contact with us if you have been considering lodgement of a Partner based visa as it may be best to proceed with an application before 1 July 2015.

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English Language Relaxation

The Department of Immigration has implemented the new relaxed English Language Criteria. Effective 18 April 2015 the following English Language criteria apply;

• 457 Visa: 5 overall in IELTS with no score less than 4.5
• 
  
• 485 & 476 Visa: 6 overall with no score less than 5.

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2015 Netball World Cup - two visa subclasses

Two visa classes prescribe no Visa Application Charge (VAC) (visa fee) for participants of the 2015 Netball World Cup, Subclasses 400 and 600.

 

Subclass 400 and 600 both define 2015 Netball World Cup participants as including:

• Qualifying Teams;
• Team Officials;
• Technical officials and umpires
• Official delegates attending the International Netball Federation Congress and International Netball Federation Board and Panels.​

 

Subclass 400 - Temporary Work (Business Activity) also includes:

• Accredited Media Representatives (excluding media intending to broadcast in Australia).

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English Language Scores for subclass 485 visa applicants applying as Accountants

With the Department of Immigration & Border Protection (DIBP) reducing the English language marks required from 6,6,6,6 in IELTS to 6 average (minimum of 5 in each band) and there being an equivalent lower score required in the other English tests (OET, PTE, TOEFL, Cambridge), it is important to remember that you STILL need to meet the English marks of whatever assessing body is used for your nominated occupation.

 

For example with Accountants, it has been confirmed that at this stage a mark of 6,6,6,6 (or equivalent in other English tests) is STILL required for the provisional skills assessment used for a 485 visa.

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Working Holiday visa changes

The Department of Immigration and Border Protection is currently in the process of making a change to the second Working Holiday (subclass 417) visa initiative, to exclude volunteer wor​​​k activities, such as Willing Workers on Organic Farms (WWOOF), from its eligibility framework. However, this change will take some time to introduce, and is not yet in effect, so it does not impact upon current second Working Holiday visa applications.

When the Department knows the exact date of implementation for the change, it will be announced publicly on our website. This public announcement will be made well ahead of the implementation date so that participants have suitable advance warning. While it is likely the change will commence towards the end of 2015, participants should regularly check this website for updates.​​​​​

(Source: Department of Immigration & Border Protection)

 

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Working Holiday Makers to pay more tax

The Federal Government will save hundreds of millions of dollars by increasing visa application fees and forcing some foreigners working in Australia to pay more tax.

From July 2016, those on a working holiday in Australia will no longer enjoy a tax free threshold of up to $18,200, and will instead be forced to pay 32.5 per cent tax from their first dollar earned.

That measure will save the budget $540 million over four years.

Treasurer Joe Hockey said the measure was fair and aimed at "levelling the playing field".

http://www.abc.net.au/news/2015-05-12/budget-2015-working-holiday-crackdown-to-yield-millions/6464330

 

(Source: ABC)

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Where Australia's immigrants were born

http://www.sbs.com.au/news/map/where-australias-immigrants-were-born-melbourne


SOURCE: SBS online (Australian Bureau of Statistics – 2011 Census)

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The Trade Promotion Authority (TPA) and Will it Significantly Impact U.S. Immigration?

With negotiations well under way whether to grant the Trade Promotion Authority, questions about the affects on U.S. immigration linger:

http://www.forbes.com/sites/stuartanderson/2015/05/12/the-controversy-over-immigration-and-new-trade-authority/

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What do the 2016 U.S. presidential hopefuls think about immigration reform?

Looking ahead to the 2016 Presidential elections in U.S., views on immigration vary amongst the potential candidates:

http://www.usnews.com/news/politics/articles/2015/05/07/a-look-at-where-the-2016-hopefuls-stand-on-immigration

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U.S. Immigration Relief for Nepalese Citizens

In the wake of the devastating earthquakes to hit Nepal over the past 2 weeks, USCIS has instituted immigration relief measures for affected citizens of Nepal.  Included in these measures are expedited processing for several immigration benefits as well as consideration of fee waivers for some applications.  Senator Ben Cardin, Ranking Member of the Senate Foreign Relations Committee has also requested that the Administration provide Temporary Protected Status (TPS) for Nepalese nationals present in the U.S. and cannot return home due to the dire situation in their country. 

The latest updates can be found here:

http://www.uscis.gov/news/alerts/immigration-relief-measures-nepali-nationals

http://www.foreign.senate.gov/press/ranking/release/senator-cardin-writes-president-obama-requesting-temporary-protected-status-tps-for-nepalese-citizens-currently-in-us

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Significant Investor and Premium Investor Programme Changes Announced

The Government has provided details today of the new complying investment framework for the Significant Investor Visa (SIV) and Premium Investor Visa (PIV) programme which it hopes to implement from 1 July 2015.

The aim of the new requirements is to encourage investment into innovative Australian ideas and emerging companies. Austrade will also become a nominator for the SIV, alongside State and Territory Governments, and interestingly, the sole nominator for the PIV.

Under the new framework, SIV applicants will be required to invest at least $5 million over four years in complying investments, which must now include:

• At least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. The Government expects to increase this to $1 million for new applications within two years as the market responds;
• At least $1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); an  
• A ‘balancing investment’ of up to $3 million in managed fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible corporate bonds or notes, annuities and real property (subject to the 10% limit on residential real estate).
  

Previously, investment through the SIV programme was largely going into passive investments like government bonds and residential real estate funds. These areas traditionally attract large capital flows and as a result the Government has been looking to divert funds into areas which have more potential for added positive impact to our economy.

Direct investment in real estate has never been a complying investment for SIV and this will not change under the new arrangements. Indirect investment in residential real estate through managed funds will also now be limited.

The new PIV is intended to commence from 1 July 2015, targeting talented entrepreneurs and innovators. The PIV will offer an accelerated 12 month pathway to permanent residency, for those meeting a $15 million threshold. The PIV will be available at the invitation of the Australian Government only, with potential recipients to be nominated by Austrade.

For further information in relation to these initiatives please contact the Immigration team at Nevett Ford Lawyers.

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2015 Budget Immigration Highlights

2015 Budget Immigration Highlights:

• Funding to international aid reduced by a further $1 billion from 2014-15
• $14.5 million being allocated in 2015-16 for an expansion of the Adult Migration English Program to include refugees on temporary visas
• $22.1 million over four years to support young people from refugee and migrant backgrounds to build skills to improve their participation in education and work ( in Social Services portfolio)
• Funding to international aid reduced by a further $1 billion from 2014-15
• Working Holiday visa holders no longer be eligible for the tax free threshold on earnings and will pay 32.5% tax from the first dollar earned
• Free trade agreement with India opening the possibility of Working Holiday Visas for Indian nationals
• Increase scrutiny and transparency surrounding foreign investment in agriculture and agribusiness
• Net loss of over $8 million to the Department over four years by not requiring lawyers to register as RMAs
• Saving of $1 million by merging the OMARA back into the Department.
  
  

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1 July 2015 - Visa fees change

Visa Application Charges (VACs) will change from 1 July 2015.




The cgovernment has announced that the changes will fund investment in a number of improvements to support stronger borders and national security initiatives.



These adjustments include:


• A price increase in line with inflation (2.3 per cent) on visas which face strong international competition or have been impacted by recent price increases. o These include specific visas
within the Permanent Migration Skill Stream, Skilled Graduate, Temporary Long Stay Business (Subclass 457), Visitor and Student visa streams.


　
• A 5 per cent price increase on visas which continue to see strong demand despite previous increases, or are likely to see a sustained volume increase through policy changes under consideration. o These include specific visas within the Temporary Resident Short Term Business and Entertainment visas, Working Holiday visas, Resident Return and Retirement Investor visas, and Contributory Parent visa streams.


　

• A 10 per cent price increase on specific visas within the Other Family (Remaining Relative, Carer and Aged Dependent Relative) visas, and (non-contributory) Parent visa streams where the underlying demand is not expected to be impacted by the price increase.



• A 50 per cent increase to the Significant Investor Visa (SIV) stream in the permanent migration Skill stream category where the VAC is a very small component of the minimum $5 million of investments required under the visa regulation.




An alignment of VAC prices where a differential currently exists for lodging an onshore and offshore application for specific visa subclasses.

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Foreign Investment in Australia - Federal Government Budget update

BUDGET UPDATE - Foreign Investment in Australia

As part of the Federal Budget, the Government has announced it will:

• strengthen the foreign investment framework to ensure investors play by the rules and that foreign investment is always in the national interest by introducing a robust regulatory framework reflecting changing demands which is essential to maintaining community support and a welcoming investment environment.
• the Australia Taxation Office (ATO) will be given responsibility for regulating foreign investment in residential real estate, including stronger enforcement of the rules supported by enhanced data matching systems.
• Iitroduce additional and stricter penalties to ensure foreign investors and intermediaries do not profit from breaking the rules.
• introduce application fees on all foreign investment applications will improve service delivery and ensure Australian taxpayers are no longer funding the administration of the system.
• increase scrutiny and transparency around foreign investment in agriculture, lowering screening thresholds for agricultural land and agribusiness and implementing a comprehensive register of foreign ownership in land.
• consult on options to ensure Australia has a modern, streamlined foreign investment system.

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White Paper - Developing Northern Australia

 

Developing Northern Australia and Tasmania

A White Paper on Developing Northern Australia will be released later this year.

Strengthen Northern Australia by establishing a $5 billion Northern Australia Infrastructure Facility that will be available for major infrastructure projects like ports, railways, pipelines and electricity generation.

• $100 million to improve the roads and supply chains involved in getting cattle to market.
• The Government is delivering on creating a stronger, more competitive Tasmanian economy.
• The Government will invest $203 million to expand the Tasmanian Freight Equalisation Scheme to include exports.

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Visa Application Charges (VAC) increases

Visa Application Charges (VAC) increases

The Government will raise $437.1 million in revenue over four years by adjusting the visa application charge (VAC) for a range of visas from 1 July 2015 and by moving to full cost recovery for citizenship costs from 1 January 2016.

VACs for all visa applications made overseas will increase to align them with application charges in Australia, with the exception of Child Visas, for which domestic VACs will be reduced to match overseas VACs. This measure will also increase VACs for a range of visas.

VAC increases will be increased for various visa types by different increases: eg, CPI; 5%; 10% and 50%.

Subclass 457 VAC will increase by $25.

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Trades Recognition Australia (TRA) - Job Ready Program - Child Care Centre Managers

Important information for Child Care Centre Managers applying for Step 2 of the Job Ready Program

The purpose of the Job Ready Employment step is to enable you to gain experience in an Australian workplace to further develop skills relevant to your nominated occupation.

 

It is your responsibility to find your own employment.

 

Please consider the information below before registering for Job Ready Employment as a Child Care Centre Manager.

 

Child Care Centre Managers are responsible for:

• directing and supervising child care workers,
• developing and implementing programs to enhance the physical, social, emotional and intellectual development of young children,
• providing care for children in before-school, after-school, day and vacation care centres,
• managing physical childcare facilities and ensuring all buildings and equipment are maintained,
• maintaining records and accounts for the child care centre, and
• complying with government child care requirements and standards.

For your employment to be appropriate for Step 2 of the Job Ready Program, you must be employed full time for 12 months as the manager of a childcare centre licensed by a regulatory authority with a minimum of 20 children in the 0-5 age group and you must be performing the above duties and tasks.

 

Work claimed for the Provisional Skills Assessment may not be suitable for the Job Ready Employment step.  As part of the Provisional Skills Assessment, TRA required you to demonstrate an exposure to a range of tasks relevant to your nominated occupation. For Step 2, you must ensure your employment requires you to routinely demonstrate the responsibilities, tasks and duties of your nominated occupation.

 

Your employer must formally confirm in writing that the duties you perform in your role are those of a Child Care Centre Manager.

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Volunteer work to be abolished for second working holiday visa

As announced by Senator Cash, volunteer work is to be excluded from the eligibility framework for second Working Holiday visas.

The Department has advised that this change will take some time to implement and until this change can be bought into effect, the eligibility criteria for second Working Holiday visas remains unchanged at this time.

http://www.minister.immi.gov.au/michaeliacash/2015/Pages/strengthening-integrity-in-working-holiday-visa-programme.aspx

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