Employment Workplace Relations

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

Wednesday, 18 June 2014

Employer Nomination Changes From 1 July

The Department of Immigration has announced that on 1 July 2014, there will be changes to certain employer nomination/regional skilled migration provisions so as to provide greater flexibility to intending applicants. A major change will be in relation to the policy with regard to the requirements under the Temporary Residence Transition stream when demonstrating 2 years work with the same employer. The Department has recognised that the existing arrangements were too restrictive, particularly where businesses have undergone change in the...

Skills assessment validity period - 3 years from the date of issue

Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment. A skills assessment must be valid at the time of lodgement for the following visas: Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa; Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and Graduate Work...

Tuesday, 17 June 2014

Changes to Consolidated Skilled Occupation List (CSOL) - NEW occupations 'Hydrogeologist' & 'Exercise Physiologist'

From 1 July 2014, the following occupations will be added to the CSOL: Hydrogeologist  (ANZSCO 234413) Exercise Physiologist (ANZSCO 234915) The following titles of occupations will be changed: Ship's Surveyor will be titled Marine Surveyor (ANZSCO 231215) General Medical Practitioner will be titled General Practitioner (ANZSCO 25311...

Asylum seeker detention on Manus Island is constitutional, High Court rules

The High Court has unanimously upheld the Federal Government's constitutional right to send asylum seekers to Papua New Guinea. Read more Questions about this article or immigration matters, please contact our specialist Nevett Ford Immigration tea...

Tuesday, 10 June 2014

Can You Remember the Dates of Your Previous Trips to the U.S.?

If you are a frequent traveller in and out of the U.S., you may find it difficult to remember the exact dates of your recent arrivals and departures.  It’s not easy to remember all of these dates, and when you asked to list these dates on a visa application and your mind goes blank.  Your temporary brain freeze is not a problem anymore and can be resolved in a few minutes.    Under the new system, every time you enter the U.S. by air or sea your admission is now recorded electronically with Form I-94 by Customs and...

Three new occupations to be added to the Skilled Occupation List (SOL) - chefs, tilers and bricklayers

Chefs, tilers and bricklayers will be added the Skilled Occupation List (SOL) on 1 July 2014, Senators Michaelia Cash and Andrew Robb have announced.  The recommendation to add these occupations was provided by the Australian Workforce and Productivity Agency which works independently of the Government to ensure the composition of the SOL responds to Australia’s changing skills needs. It was also announced that no existing occupations will be removed from the SO...

Thursday, 5 June 2014

Sydney public hearings for skilled worker programme inquiry

Federal Parliament’s Joint Standing Committee on Migration is set to hold public hearings in Sydney as part of its inquiry into the Business Innovation and Investment Programme (BIIP). NSW also nominated 175 migrants for the Significant Investor Visa programme, which will represent a minimum of $262 million in new investment into the state if all are approved. The number of skilled migrants sponsored by NSW doubled in the past financial year. The BIIP is designed to increase entrepreneurial talent and diversify business expertise in Australia. Committee...

Monday, 2 June 2014

Significant Investor Visa – twenty months on

On 24th November 2012 the Australian government introduced the significant investor visa (SIV) to encourage foreign investment into Australia.  Successful applicants receive a 4 year provisional subclass 188 visa after investing AUD$5 million into 'approved' investment funds (including ASIC approved funds, state government bonds and proprietary operating companies). If the subclass 188 visa holder spends a cumulative total of 160 days  in Australia over 4 years it is then possible to apply for a subclass 888 permanent residency...

Sunday, 1 June 2014

Corporate Immigration Services

Nevett Ford Corporate Immigration provides a range of services designed to support business users of the 457 Visa Programme and other temporary and permanent employer sponsored visas. These services include applying for Business Sponsorship, establishing systems and processes to meet the Sponsorship Obligations, audit, compliance, risk management, training and advisory services and assistance negotiation and preparing on-hire labour agreement submissions. We can also liaise with the Department of Immigration on behalf of businesses in relation...

Migration Review Tribunal (MRT)

The Department of Immigration and Border Protection (DIBP) does not always make the correct decision about a visa application and for many visas an appeal can be made to the Migration Review Tribunal (MRT). This is called ‘merits review’.  The MRT is able to look at the application again, including any new information or evidence in support of the application. There are a number of reasons to recommend a review of a visa refusal by the MRT. The MRT is an independent body and separate to the DIBP.  The MRT employs an inquisitorial...

Public Interest Criteria (PIC4020)

New identity requirements were introduced for Public Interest Criterion (PIC) 4020 from 22 March 2014. PIC 4020 is a criterion that attaches to a number of visa subclasses. If PIC 4020 is part of the criteria for the particular skilled migration, student, business skills, family or temporary visa you have applied for, you must satisfy PIC 4020 in order to be granted your visa. Since 2011, PIC 4020 has enabled refusal of a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application. The...