Employment Workplace Relations

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

Corporate and Business Law

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.

Showing posts with label migration lawyers Melbourne. Show all posts
Showing posts with label migration lawyers Melbourne. Show all posts

Thursday, 23 March 2017

A reminder of the proposed visa for NZ citizens to be introduced in July 2017








An additional pathway to Australian Permanent Residence for ‘non-protected’ Special Category Visa (SCV) holders (subclass 444)


The Australian Government (Department of Immigration & Border Protection) will provide an additional pathway to Australian Permanent Residence, and therefore citizenship, for New Zealand Special Category visa (SCV) holders (subclass 444) who arrived after 26 February 2001, who have lived in Australia for the last five years and shown a commitment and contribution to Australia.


This additional visa pathway will be available from 1 July 2017, for New Zealand citizens who arrived post 26 February 2001, but on or before, the date of the announcement, 19 February 2016.


Estimated number of eligible applicants

Approximately 60,000 – 70,000 of the 140,000 post 2001 SCV holders who have been in Australia for at least five years are expected to be eligible and we can assist.


How this pathway will-work

The Department of Immigration and Border Protection will have responsibility for implementing the pathway.


The pathway will be made available within the Skilled Independent category of the General Skilled Migration (GSM) stream of Australia's annual Migration Program.


This pathway will allow SCV holders who have been living in Australia for the past five years, and have earned income at or above the Temporary Skilled Migration Income Threshold (TSMIT) as evidenced by their Australian Taxation Office Notice of Assessment throughout their qualifying residence period, to apply for permanent residency and thereafter citizenship.


The pathway requirements

Requirements for this visa pathway will include mandatory residence, contribution and community protection criteria. This includes:


  • have been resident in Australia for the five years immediately prior to visa application
  • contributed to Australia, demonstrated through income tax returns (Notice of Assessment) for the period of residence evidencing taxable income at or above the Temporary Skilled Migration Income Threshold (TSMIT)
  • mandatory health, character, and security checks.


Temporary Skilled Migration Income Threshold (TSMIT) and eligibility

The Temporary Skilled Migration Income Threshold (TSMIT) is a salary threshold used by the Subclass 457 program as an indicator that an occupation is ‘skilled’ and to ensure that a visa holder has reasonable means of support whilst in Australia. It is currently set at AUD53,900 (excluding employer superannuation contributions).


This new visa pathway represents a clear concession over existing migration pathways and is consistent with the terms of the Trans-Tasman Travel Arrangement (TTTA) between Australia and New Zealand.


Exemptions to the income test

It is expected that limited exemptions to the income test requirement will be considered for particularly vulnerable New Zealand citizens.  These exemptions are not yet known but the details will be released by the Department in due course but what is known is that details of how applications for exemptions to the income test will be assessed will be determined between the Minister for Immigration and Border Protection and the Minister for Social Services. The mandatory residence criterion, including all other relevant criteria, will still need to be met before a visa could be granted.


Who will be considered a ‘vulnerable individual’

As an example, possible vulnerable individuals may include the primary carer of children who, for reasons of a court order are unable to return to New Zealand with their children, and who as an SCV holder is unable to access working age payments.


Will an applicant who has been on maternity/paternity leave during the qualifying period be ineligible?

If the applicant continued to be employed during that period the Department may take into account and have the capacity to consider other proof of income, for example, a statement from the applicant’s employer covering the period in questions.  There is no further detail on this point at this stage but apparently there is no intention to disadvantage applicants with a consistent record of income and employment but who have taken periods of parental leave.


Visa application charge (VAC)

There will be concessions to the visa application charge (VAC) solely for New Zealand citizens.  At this stage it is expected that the visa application charge will be consistent with the General Skilled Migration Programme:


  • AUD3,600 per primary applicant with an additional AUD1,800 for partners, AUD1,800 per dependent child over 18 and AUD900 per child under 18.


Applicants will only have to pay 20 percent of the VAC when they lodge their application, with the remainder to be paid before the visa is granted.


Steps to Australian citizenship

New Zealanders taking advantage of this new pathway will usually be able to apply for citizenship after one year of permanent residence, provided they meet the allowable overseas absences requirement.  Note: This requirement means, a person must not have been absent from Australia for more than one year in total in the four year period, including no more than 90 days in the year before applying.


The usual citizenship eligibility requirements will apply such as:

  • be of good character if 18 years of age or over
  • be likely to reside, or continue to reside, or maintain a close and continuing relationship to Australia
  • meet the identity requirement
  • pass the citizenship test if aged between 18 and 59 years or pass a citizenship interview.


What if someone arrived in Australia the day before, or on the day of the announcement, will they be eligible to apply in five years' time?

Yes. They could apply, but the grant of a visa will depend on whether they meet all relevant criteria.


Nevett Ford Lawyers includes a group of highly specialised Immigration Lawyers and Registered Migration Agents (including 2 Accredited Immigration Law Specialists).  We can assist with all visa types including this new category.


Call or email us today if you would like more information.  We offer ‘initial’ consultations if you would like to discuss your eligibility.
Image result for 444 visa

Sunday, 19 June 2016

Use of Labour Agreements – 457 Visas

Standard 457 applications involve the sponsoring employer nominating an occupation contained on a list known as the Consolidated Skills Occupation List (CSOL).


It sometimes occurs that a sponsor wishes to nominate an occupation which is not listed on the CSOL, in which case the standard 457 programme is not appropriate.


In situations such as this, the business may wish to give consideration to applying for 457 visas under what is known as a Labour Agreement. These agreements can be utilised in respect of skilled and semi skilled positions if it can be shown that there is a clear lack of available employees in the local labour market. For example, many abattoirs bring meat workers into Australia under Labour Agreements as there is a big shortage of people with the necessary skills to properly bone and slice meat.


The starting point in applying for approval of a Labour Agreement is to be able to demonstrate that there is a skills shortage in the relevant industry. It is also necessary to show what efforts have been taken to obtain suitably qualified persons and what training programs the employer has in place should such persons be found. It is also often necessary to enlist the support of peak body groups or unions where appropriate.


In the past there has been some reluctance on the part of employers to seek to enter into Labour Agreements – probably largely due to the perception that negotiating with a government department is a difficult thing to do. While there may be some truth in that, the department does make it clear that it is open to consider applications, and usually a well-documented case can be finalised within 80 days and even sooner, if urgent.


Nevett Ford lawyers has experience with preparation of labour agreements and would be happy to assist employers who may wish to investigate this option.

Tuesday, 14 July 2015

Australian Visas Update - Child and Orphan Relative visas


The Australian Department of Immigration & Border Protection (DIBP) announced in the 2015 Budget that up to 190,000 permanent migration places will be available in 2015-16 migration programme.  Some changes to the programme have been announced which will affect how the Child and Orphan relative categories will be managed.

At least 3,485 additional permanent Child visa places will be available outside the managed Migration Programme.


Child category visas (excluding Orphan Relative) will no longer be counted under the managed Migration Programme. This is in response to the Government’s commitment to reform and improve the processes relating to inter-country adoption.  The Child category will continue to be carefully monitored while it transitions to a fully demand-driven model by 2019-20.




Orphan Relative visas will now form part of the 'Other Family' category within the Migration Programme with 400 places allocated to Orphan Relative visas.

Wednesday, 3 June 2015

Changes to filing and other fees in the Federal Court from 1 July 2015



As a result of amendments to the Federal Court and Federal Circuit Court Regulation 2012 made by the Federal Courts Legislation Amendment (Fees) Regulation 2015 some significant changes to filing and other fees in the Federal Court will take effect from 1 July 2015.


Almost all fees have increased by 10% but, other than for some bankruptcy fees, fee categories have been restructured to remove the higher fee tier for publicly listed companies and to reduce fees for public authorities from the corporations rate to that for "in any other case".
 
An additional exemption has been included so that no fee will in future be payable on filing of an application under section 23 of the International Arbitration Act 1974 to issue a subpoena requiring attendance before or production of documents to an arbitral tribunal or both. If an order for the issue of such a subpoena is made the normal fee for issue of that subpoena will still be payable. Otherwise no changes have been made to any of the existing exemptions.


The new filing fees will apply to all documents filed on or after 1 July 2015. The new setting-down, hearing and mediation fees will, however, only apply to hearings and mediations fixed on or after that date. Hearings and mediations which have already been or are fixed up to and including 30 June 2015 will pay the current rates for setting-down, hearing and mediation fees even if the hearing or mediation does not take place until on or after 1 July 2015.

Wednesday, 27 May 2015

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.

Monday, 18 May 2015

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.

Monday, 15 December 2014

Government lodgement fees for partner visa subclasses are set to sky rocket in 2015!

The Department has announced that as of 1 January 2015, Government lodgement fees for partner visa subclasses will increase by 50%.


Provisional and permanent partner visas - currently priced at $3085 will increase to $4627.50

Prospective marriage visa - currently priced at $3085 will increase to $4627.50

Temporary and permanent partner visas - currently priced at $4575 will increase to $6865.50

Partner visa applications submitted prior to 1 January 2015 will not be impacted by the change in fees.

For additional information, contact Nevett Ford Lawyers on 03 9614 7111 or visit our website at http://nfmelbournelawyers.com.au/index.php



Wednesday, 9 July 2014

Onshore medical checks

In July 2014 the department will change to a new migration medical services provider.

The current Onshore Medical Services Contract between the Department of Immigration and Border Protection (DIBP) and the current service provider Medibank Health Solutions (MHS) will expire on 25 July.

From 28 July the provision of visa medical examinations and assessments to clients in Australia will commence with Bupa Medical Visa Services.

The department of immigration has stated that they believe that the change to the new service provider will bring a number of significant client service enhancements that will result in the delivery of high quality and efficient services to meet the required client service standards. The scope of the contract will include onshore visa and migration medical services currently undertaken by MHS, as well as other visa and migration services currently undertaken by the department.

As a result, those clients seeking health examinations in Australia in July may be impacted.

· If you are booking an appointment on behalf of a client prior to 28 July you must continue to contact MHS to organise the appointment.

· From 28 July you are required to contact Bupa Medical Visa Services for any new onshore health assessments or reviews of past Medical Officer of the Commonwealth opinions.

· For clients who have lodged an assessment with MHS prior to 25 July you are advised to contact Bupa Medical Visa Services on 1300 794 919 to enable the medical assessments to be finalised.