Provisional and permanent partner visas - currently priced at $3085 will increase to $4627.50
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.
Monday, 15 December 2014
Government lodgement fees for partner visa subclasses are set to sky rocket in 2015!
Provisional and permanent partner visas - currently priced at $3085 will increase to $4627.50
Wednesday, 10 December 2014
Functional English - changes
- having completed all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
- having completed at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
- having achieved an IELTS average band score of at least 4.5, based on the four test components of speaking, reading, writing and listening in a test conducted:
- having successfully completed, in Australia, at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma, at an institution or institutions where all the instruction was conducted in English.
- having achieved a Test of English as a Foreign Language internet-Based Test (TOEFL iBT) total band score of at least 32, based on the four test components of speaking, reading, writing and listening in a test conducted:
- having achieved a Pearson Test of English Academic (PTE Academic) overall band score of at least 30, based on the four test components of speaking, reading, writing and listening in a test conducted:
- at the time of the processing of the relevant application to migrate; or
- having achieved a Cambridge English Advanced (CAE) overall score of at least 147 based on the four test components of speaking, reading, writing and listening in a test conducted
- holding valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, to a citizen of that country.
Monday, 1 December 2014
Mandatory visa cancellation powers and reviewable decisions
- This mandatory cancellation is not reviewable by the Administrative Appeals Tribunal (AAT), but can be revoked by the Minister for Immigration personally or the Minister's delegate
- The decision not to revoke the cancellation by the Minister's delegate is reviewable by the AAT
- Where cancellation is revoked by the delegate of the Minister or the AAT, the Minister personally can set aside the revocation and cancel the visa on character or national interest grounds
- There are also new personal powers for the Minister to cancel visas under section 106 & section 116 of the Migration Act 1958 ('the Act') and this decision is not reviewable by the AAT
- A decision to cancel a visa under the new section 133A and section 133C of the Act are not reviewable by the Migration Review Tribunal (MRT)
- A decision made personally by the Minister to cancel a protection visa is not reviewable by the RRT
- A decision made by a delegate of the Minster to cancel bridging visa for a person who is in detention because of that cancellation, is reviewable by the MRT
Monday, 24 November 2014
Work and Holiday visa for Spanish nationals commences
Alternative English Language tests commence
- Temporary Graduate
- Skilled
- Former Resident
- Work and Holiday
Wednesday, 19 November 2014
Functional English - legal definition updated for Australian migration purposes
- 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
China - Australia Free Trade Agreement (ChAFTA) announcements
- 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.
Additional English language tests accepted by the Department of Immigration & Border Protection - commencement dates
Extra countries added to enable online Visitor visa system applications
- 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
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.
- 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
Subclass 400 Temporary Work (Short Stay) - changes to legislation
TOEFL to be accepted by professional accounting associations
Australian Government Reinstates 'Non-Contributory' Parent Visa & Carer Visa
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
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.
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.
Thursday, 23 October 2014
Subclass 457 business sponsors - penalties, sanctions & enforcement
Wednesday, 22 October 2014
$15m Premium Investor Visa (PIV) update
The PIV would offer a more expeditious pathway for international investors to permanent residency as compared to the existing Significant Investor Visa (SIV). Under the PIV a 12 month pathway to permanent residency would be available for investors meeting a $15 million threshold in an eligible investment.
Monday, 20 October 2014
Abbott announces reforms to 457 visa program
Ryan Curtis-Griffiths, Director at Nevett Ford, provided insight into the reforms for HC Magazine online.
The full article can be found on HC online.
Attention 457 business sponsors - Powers of immigration inspectors
Immigration inspectors have powers under the Migration Act 1958 that provide the mechanism for the department to investigatesponsor compliance with the visa program requirements.
Inspector powers include the right to:
- enter business premises
- require a 'person' to produce a record or document
- inspect and make copies of records or documents
- interview 'persons' while at premises.
The purposes for which the powers of an inspector may be exercised are:
- to determine whether a term or a condition of a work agreement is being, or has been, complied with (e.g.in relation to a 457 visa holder employee);
- to determine whether a prescribed circumstances to bar a sponsor or cancel the approval of a person as a sponsor exists;
- investigate a circumstance, if a circumstance exists or has existed, in order to assist the Minister (or delegate) in determining what (if any) action to take under section 140M of the Migration Act 1958.
Wednesday, 15 October 2014
Significant Investor Visa (SIV) Update - Victoria
- Reforms to
Significant Investor and 457 visa programs
- Significant
Investor nomination update
- Victoria’s flexible
visa nomination requirements
- Victoria’s new
feature web page for Chinese Significant Investors
- Significant
Investment Managers’ seminar
- Victoria’s new
Commissioner in Greater China
- Information
resources for Significant Investors
- Significant
Investor Services Director
Monday, 13 October 2014
Significant Investor Visa (SIV) changes & creation of Premium Investor Visa (PIV) ($15 million) category
- the involvement
of Austrade in the nomination of applicants on behalf of the
Australian Government and in determining complying investment policy
- allowing 'role
swapping' between primary and secondary applicants during the provisional
visa stage
- introduction of 180
day residency requirements for secondary visa holders
- changes to improve visa processing times
Have you entered the Diversity Visa Lottery? Beware of fraudulent emails and letters!
Please refer to the following link for further information: http://travel.state.gov/content/visas/english/general/fraud.html
Subclass 485 (temporary residence) Visa - you may be eligible if you're currently in Australia and studying a bachelor degree (or higher)
You may be eligible for the subclass 485 (temporary residence) visa.
This visa has two streams:
- Graduate work stream – for international students who graduate with skills and qualifications that relate to an occupation on the Skilled Occupation List (SOL): Schedule 1. A visa in this stream is granted for 18 months.
- Post-Study work stream – for international students who graduate with an eligible qualification. This stream is only available to students who applied for and were granted their first student visa to Australia on or after 5 November 2011. A visa in this stream can be granted for up to four years, depending on the applicant's qualification.
English Language Intensive Courses for Overseas Students (ELICOS) Sector, Schools Sector and Foreign Affairs or Defence Sector students are not eligible unless they subsequently complete an eligible qualification on a qualifying student visa.
Applicants who have undertaken studies while on other visas that allow study, such as dependents of Temporary Work (Skilled) (subclass 457) visa holders, are not eligible for this visa.
In addition, applicants must:
- be in Australia
- be under 50 years of age
- have attained an eligible qualification within six months of applying for the visa.
Graduates of an Australian bachelor degree (including honours), masters by coursework degree, masters (extended) degree, masters by research degree or doctoral degree can apply for this stream, provided they meet the other eligibility requirements.
The visa is only available to graduates who applied for their first student visa (including subclasses 570, 571, 572, 573, 574, 575, 576 or 580) on or after the introduction of the Genuine Temporary Entrant (GTE) requirement on 5 November 2011.
Graduate work stream
This stream is for international students who have recently graduated with skills and qualifications that relate to an occupation in demand in the Australian labour market, as determined by the Skilled Occupation List. Applicants in this stream must have completed a trade qualification, diploma or degree. Successful applicants are granted a visa of 18 months validity.
Sunday, 12 October 2014
How do children adopted outside Australia become Australian citizens?
1. Adoptions finalised outside Australia - under full Hague Convention arrangements under section 19C of the Australian Citizenship Act 2007.
The key requirements of section 19C are that:
- at least one adoptive parent is an Australian citizen;
- an adoption compliance certificate has been issued by the child's country of origin in accordance with the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Hague Convention); and
- the adoption is recognised in Australia under the law/s of the Commonwealth and each State and Territory.
Some of Australia's intercountry programs require the adoption to be completed after the child returns to Australia. Where the final adoption order has been made in a State or Territory court after the child arrives in Australia as a permanent resident, and at least one of the adoptive parents is an Australian citizen, the child will automatically acquire Australian citizenship under section 13 of the Australian Citizenship Act 2007 (at the time the adoption order is made).
3. Adoptions finalised outside Australia - under other arrangements such as expatriate adoptions.
Where the adoption has been finalised outside Australia under other arrangements, and the adoption does not need to be finalised in Australia, children may be eligible, under subsection 21(5) of the Australian Citizenship Act 2007. The child must have at least one adoptive parent who is an Australian citizen, must hold a permanent visa for entry into Australia (eg Adoption (subclass 102) visa) and have entered Australia on that visa.
What is the difference between the SOL and the CSOL?
The current Skilled Occupation List (SOL) is relevant for applicants for:
- independent points-based skilled migration who are not nominated by a state or territory government agency (such as the subclass 189 visa);
- Temporary Graduate visa (subclass 485) - Graduate Work stream.
Whereas whe current Consolidated Sponsored Occupation List (CSOL) is relevant for applicants for:
- points-based skilled migration who are nominated by a state or territory government agency under a State Migration Plan
- the Employer Nomination Scheme (ENS), who must have been nominated by an Australian employer to fill a position in an occupation that appears in the CSOL (such as the subclass 186 and 187 visa)
- the Temporary Work (Skilled) visa (subclass 457)
- the Training and Research visa (subclass 402).
Wednesday, 8 October 2014
New Character Provisions Likely
The Bill has been referred to the Senate, Legal and Constitutional Committee for consideration.
or participation in, the suspected criminal conduct by the visa applicant or visa holder.
Federal Court - review of adverse ASIO security assessments
The Full Court considered how public interest immunity claims for information said to relate to national security were to be determined, how statements of reasons voluntarily supplied to the Court in confidence were to be considered, what constitutes a "serious threat" and what constitutes Australia's "territorial and border integrity".
The Court rejected as misconceived an argument that the making of a security assessment constituted interference with judicial power of the Commonwealth. It rejected a submission that the Minister of Immigration had denied Jaffarie procedural fairness, by considering classified material but only advising Jaffarie of unclassified reasons.
Visa Targets Reached by Australian Immigration
The information from the Department of Immigration and Border Protection (DIBP) is showing that Australian industry benefited from some one hundred twenty eight thousand five hundred fifty places being granted within the stream of skilled positions.
Mr. Scott Morrison, the minister of DIBP, said that this is equal to almost sixty eight per cent of the programme. He also said that the skill stream is aimed towards giving assistance to filling the identified skill shortages in the country’s economy. He explained that it has resulted to giving the Australian economy the major boost that it needs.
Overall, in the year 2013 to 2014, more than sixty three per cent of visas given in the skilled stream was accounted for by occupational professionals. This was followed by twenty two per cent from trades workers and technicians, and nine per cent of the skilled stream visas granted to managers.
Over sixty per cent of skilled migration visas have been delivered within the designation that is sponsored by employers. This amounted to forty seven thousand four hundred fifty places. Six thousand one hundred sixty places were taken by business innovation and investment, and twenty four thousand six hundred fifty six visa categories were nominated by state and territory governments.
The family stream accounted for sixty one thousand one hundred twelve places, which represents around thirty two per cent of the migration programme. The family stream prioritised the reunion of the workers’ partners as well as their children.
Within this particular visa stream, forty seven thousand seven hundred fifty two places were accounted for by the partner category. This was equal to seventy eight per cent of the family sector. Meanwhile, in the child category, three thousand eight hundred fifty places was delivered. What remained of the family stream places were given within the other family (585 places), contributory parent (6,675), and parent categories (2,250).
”The delivery of a well-managed migration scheme demonstrates our capacity to carefully structure our programmes to deliver the size & composition required to meet the needs of the Australian economy,” said Mr. Morrison, also saying that the purpose of having migration is to drive the country’s economy, as well as shape society, and give the labour market the support that it needs and also to reunite family.
The largest source country of migrants for Australia was India, where it got thirty nune thousand twenty six places, or 23.1 per cent of the total. It was followed by China which got twenty six thousand seven hundred seventy six places. The third country is United Kingdom, which got twenty three thousand two hundred twenty places.
A breakdown of the figures however, has shown that the number of visas given to Indian applicants has decreased by 2.6 per cent. For China, the numbers also went down two per cent compared with the financial year before. For British people, the number of visas increased by seven per cent.
Most of the people settled in New South Wales. 33.7 per cent of the new migrants was in the state, and the numbers actually went up from 30.2 per cent in the prior financial year. The second largest number of migrants, which was 24..4 per cent was in Victoria, followed by 17.8 per cent in Western Australia.
It has been recorded that over the past decade, only Victoria and New South Wales were the only states that had decreases in the numbers of the total migration programme. The largest fall recorded in New South Walwes was 4.7 per cent in 2013/2014. During the same period, Victoria was down 2.8 per cent.
The largest increase in numbers over the past decade was recorded in Western Australia, which went up 5.8 per cent in the proportion of the migration programme. A 0.7 per cent increase was recorded in South Australia, and in the Northern Territory it saw a case of a threefold increase, going up from 0.5 per cent in 2003/2004, to 1.4 per cent in 2013/2014.
In the data, it also shows how the size and composition of the migration programme has been made flexible, and how it changed over the years. It was a much smaller programme that consisted of mostly family migrants in 1993/1994 that became a larger programme that consisted more of skilled migrants in 2013/2014.
The government is the one that sets planning levels each year. The size and the composition adapts to meet the country’s social and economic needs.
Source: www.AustraliaForum.com