On 14 September 2009, the Migration Amendment (Worker Protection) Act 2008 (“the Worker Protection act”) gave effect
to reforms to the temporary sponsored worker program (subclass 457).
The laws introduced a new enforcement regime, including the introduction
of civil penalty provisions. The laws
enabled the department of immigration to apply to a court (that is, an eligible court as defined in section
5(1) of the Act) for a civil penalty order or, alternatively, serve an
infringement notice on a 457 business sponsor that is...
Thursday, 23 October 2014
Wednesday, 22 October 2014
$15m Premium Investor Visa (PIV) update
Minister for Trade and Investment Andrew Robb said that direct
investment in residential real estate would not be a complying investment under
the government’s proposed new Premium Investor Visa (PIV).
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.
At present SIVs are available for applicants...
Monday, 20 October 2014
Abbott announces reforms to 457 visa program
The Prime Minster announced last week his plans to make changes to the 457 scheme to make the visa process more flexible and efficient for business.
Ryan Curtis-Griffiths, Director at Nevett Ford, provided insight into the reforms for HC Magazine online.
The full article can be found on HC onlin...
Attention 457 business sponsors - Powers of immigration inspectors
Sponsoring and nominating employees from overseas to Australia on 457 visas requires your business to comply with a range of obligations. Nevett Ford Lawyers can provide guidance to ensure full compliance with Immigration Laws and Regulations, which constantly change. The Department of Immigration conducts random checks of businesses and we can help you to ensure that your business is complying.
Immigration inspectors have powers under the Migration Act 1958 that provide the mechanism for the department to investigatesponsor compliance with...
Wednesday, 15 October 2014
Significant Investor Visa (SIV) Update - Victoria
The Victorian Government's October
2014 Significant Investor Update has been released
The update provides information from the Victorian Government on
their activities to support and attract investor migrants to Victoria, through
the Business Innovation and Investment Program’s Significant Investor Visa
stream.
The document contains the following information:
Reforms to
Significant Investor and 457 visa programs
Significant
Investor nomination update
Victoria’s flexible
visa nomination requirements
Victoria’s new
...
Monday, 13 October 2014
Significant Investor Visa (SIV) changes & creation of Premium Investor Visa (PIV) ($15 million) category
The Government today announced important changes to the
Significant Investor Visa and creation of a Premium Investor visa.
The new Premium Investor Visa
(PIV) will
require an investment of $15 million, nomination by Austrade and
has no residency requirements. PIV holders will be eligible for permanent residency after holding the
complying investment for 12 months.
Other changes include:
the involvement
of Austrade in the nomination of applicants on behalf of...
Have you entered the Diversity Visa Lottery? Beware of fraudulent emails and letters!
The Department of State has issued a warning to all Diversity Visa Lottery entrants of an increase in fraudulent emails and letters sent to applicants. Be wary of websites requesting upfront registration payment or deposits as Diversity Visa fees can only be paid at the visa interview stage at the relevant U.S. Consulate/Embassy. The official Diversity Visa website will never ask for an upfront payment.
Please refer to the following link for further information: http://travel.state.gov/content/visas/english/general/fraud.ht...
Subclass 485 (temporary residence) Visa - you may be eligible if you're currently in Australia and studying a bachelor degree (or higher)
Are you studying a bachelor degree or higher in Australia and did you obtain your current student visa after 5 November 2011?
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....
Sunday, 12 October 2014
How do children adopted outside Australia become Australian citizens?
The way in which a child who is adopted outside Australia becomes an Australian citizen depends on how their adoption is/was finalised. There are 3 different ways in which this can occur.
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...
What is the difference between the SOL and the CSOL?
Skilled Occupation List (SOL)
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.
Consolidated Sponsored Occupation List (CSOL)
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...
Wednesday, 8 October 2014
New Character Provisions Likely
The Minister for Immigration has
introduced a Bill that amends the Migration Act 1958 in terms of what is known as the
character provisions.
The Bill has been referred to the
Senate, Legal and Constitutional Committee for consideration.
If the Bill does become law in its
present form a number of significant changes will be introduced including
mandatory cancellation of a visa for an offence where the person has received a
sentence of 12 months or more, or where they have committed a "sexually
based offence involving a child"
One...
Federal Court - review of adverse ASIO security assessments
In Jaffarie v Director General of Security [2014] FCAFC 102 (18 August 2014) Jaffarie was assessed by ASIO in June 2013 to be a risk to "security" under section 4 of the ASIO Act 1979 (Cth). This triggered a number of decisions adverse to Jaffarie under the Migration Act 1958. Jaffarie's action in the original jurisdiction of the High Court to challenge the assessment was remitted to the Federal Court and determined by a Full Court which dismissed it.
The Full Court considered how public interest immunity claims for information said...
Visa Targets Reached by Australian Immigration
It was recently announced that the target of the Australian Government to attract one hundred ninety thousand new migrants, in the latest financial year, was achieved.
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...
Michael Pezzullo Appointed New Secretary of DIBP
Mr. Tony Abbott, the Prime Minister of Australia, has just appointed Mr. Michael Pezzullo, a long time public servant as well as a former staff of Labor, as the new secretary of the Department of Immigration and Border Protection (DIBP). This new appointment is going to officially take effect on Monday, the 13th of October of this year.
It has been twenty seven years ago since Mr. Pezzullo joined public service and he is currently a part of the Australian Customs and Border Protection Service. He is at present, serving as the agency’s chief executive.
In...
Immigration Analysis on Job Market Proven Wrong
It was reported a couple of weeks ago, by Dr. Bob Birrell, that the three hundred eighty thousand new arrivals of migrants have taken the entire net employment growth from the years 2011 to 2014. However, it looks like this analysis is not only incomplete, but it is also completely mistaken.
The analysis of Dr. Birrell does not take into account the effect of Australians and migrants alike who leave the labour market. His research is like taking apples from oranges, and the number of new migrants in their new jobs is a complete overestimation....
Thursday, 2 October 2014
Government announces a crackdown on 457 visa fraud
The Coalition government has announced a crackdown on 457 visa fraud, with up to 100 employers to be investigated over allegations they sponsored applications in return for payment, Assistant Immigration Minister Michaelia Cash announced yesterday.
Senator Cash said the compliance campaign involved an "initial assessment" of the 100 sponsors, but also had an educational component — Work visa scams. Don't pay the price — targeting both employers and visa holders. The Minister said sponsors identified as having failed to meet their obligations...
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