Employment Workplace Relations

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

Thursday, 31 July 2014

U.S. Consulates and Continuing Delays in Visa Processing

If you are waiting for a U.S. visa to be issued, you may be experiencing ongoing delays.  For an update see: http://travel.state.gov/content/travel/english/news/ccd-performance-issues.ht...

Tuesday, 29 July 2014

Additional countries able to apply online for Subclass 600 visas (Tourist, Sponsored Family or Business visitor stream)

The Migration Regulations have been amended so the classes of people eligible to make online applications for Subclass 600 (Visitor) visas in the Tourist, Sponsored Family or Business visitor stream. The additional countries able to make online applications are Angola, Anguilla, Armenia, Benin, Bermuda, Bosnia and Herzegovina, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, the Cayman Islands, the Central African Republic, Chad, Comoros, the Democratic Republic of the Congo, the Republic of the Congo, Côte d’Ivoire, Djibouti, Equatorial...

Monday, 28 July 2014

Carmichael Coal Mine and Rail project - 457 visas?

Adani (an India based company) is set to develop a 60 million tonne (product) per annum (Mtpa) thermal coal mine in the north Galilee Basin approximately 160 kilometres (km) north-west of the town of Clermont, Central Queensland. All coal will be railed via a privately owned rail line connecting to the existing Aurizon rail infrastructure near Moranbah, and shipped through coal terminal facilities at the Port of Abbot Point and/or the Port of Hay Point (Dudgeon Point expansion). The Carmichael Coal Mine and Rail Project (the Project) will have...

Thursday, 24 July 2014

Validity of skills assessments - subclass 190 visa applications

The Department of Immigration & Border Protection (DIBP) has provided the following advice on the validity of renewed skills assessments for SC 190 visa applications. If an applicant's skills assessment has or is about to expire under the new 3 year validity policy, some skills assessing authorities are renewing skills assessments where the applicant continues to be skilled in the relevant occupation. The three year validity of these renewed skills assessments will commence on their date of 're-issue' by the skills...

CARER visa update

If you lodged your application for a Carer (subclass 116 or subclass 836) visa prior to 2 June 2014, it can only be accepted by the department if you provided evidence that you or your relative had arranged to start the Medibank Health Solutions assessment process. This meant providing, with your application, the letter from MHS acknowledging your request for a care assessment. As noted on the department's website, the eligibility criteria for this visa is that your relative had 'arranged an assessment' to be done with MHS. All applications...

Tuesday, 22 July 2014

I Want a Green Card! How Do I get One?

Firstly, are you sure you want a green card?  Before embarking on the journey of obtaining a green card, you need to be sure it is the best option for you. The best way to determine this is to consult with an immigration attorney, however, reading this article is a good first step. There are four ways to get a green card: Family relationship Employment Investment Green card lottery Family Relationship If your spouse, sibling, or parent is a US citizen, they can petition for a green card on your behalf and you will not have to...

Monday, 21 July 2014

Poliovirus - Public Health Emergency of International Concern

The Australian Department of Immigration & Border Protection (DIBP) is introducing protective measures in response to the WHO declaration that wild poliovirus transmission is a Public Health Emergency of International Concern. Visa applicants applying from outside Australia and those who have spent a period of 28 days or longer on or after 5 May 2014 in Afghanistan, Cameroon, Equatorial Guinea, Ethiopia, Iraq, Israel, Nigeria, Pakistan, Somalia or Syria, or in any combination of these countries, should be vaccinated...

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...

Validity of skills assessments

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...

Tuesday, 8 July 2014

User pays for all biometrics at all AVACs

From 1 July 2014, the Department of Immigration and Border Protection is moving to a full user-pays model at all biometric Australian Visa Application Centres (AVACs). This means that service providers will charge clients a service fee for visa application lodgement and biometric collection. This is in addition to visa application charges. Biometrics are collected at AVACs, Australian Biometrics Collection Centres (ABCCs) or at Australian Missions using a quick, discreet and non-intrusive process that captures a facial image with a digital...

Subclass 190 Anomaly - English at time of invitation and application

An anomaly has been identified in the SC 190 regulations. Reg 190.213 requires the applicant to have Competent English at the time of INVITATION. However, the definition of Competent English at Reg 1.15C requires the applicant to also have a valid English language test result at time of APPLICATION. If the validity of an applicant's test result expires between the time of invitation and the time of application lodgement, they will not meet the requirement for Competent English and the visa will be refused. The Department...