G20 leaders' personal details accidentally made public, Immigration Department confirms

http://www.abc.net.au/news/2015-03-30/g20-leaders-personal-details-accidentally-made-public/6360148




SOURCE:ABC News online

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Migration Amendment (2015 Measures No. 1) Regulation 2015

Migration Amendment (2015 Measures No.1) Regulation 2015 amends the Migration Regulations to:

• limit the number of domestic flights that foreign aircrew are permitted to work on while holding a Special Purpose visa.  The amendments provide a limit of two connecting domestic flights for foreign air crew and one connecting domestic flight for positioning foreign air crew (persons forming crew on departure).  This ensures that opportunities for Australian workers on domestic flights are protected;​

 

• allow an English language test score to be accepted for points tested skilled visas if the test was conducted three years before the applicant was invited to apply for the visa, rather than three years before the application was lodged. This ensures that English test scores do not become invalid between the invitation to apply for the visa and the application being lodged;

 

• enable lower English language test scores to be specified for the Skilled Recognised Graduate and Temporary Graduate visas so that these visas can be more responsive to Australia’s labour market requirements.  The tests and scores will be specified in an instrument made by the Minister;

 

• provide that the visa application form, the place in which a visa application must be lodged and the manner in which a visa application must be made (for example by internet or paper) are specified in an instrument made by the Minister, rather than set out in the Migration Regulations. This enables these administrative details to be changed more rapidly, as required, to facilitate more efficient processing arrangements;

 

• extend the timeframes in which an approved sponsor must notify the department of certain events relating to the sponsored person (for example, a change in work duties).  The amendment extends the timeframe from 10 working days to 28 calendar days to ensure there is sufficient time to comply with the requirement. It also reduces confusion for businesses as it would align with other comparable reporting periods that must be met by business;

 

• repeal the requirement that an applicant for a Temporary Graduate visa must provide evidence of having made arrangements for medical examinations at the time of application for the visa. The amendment removes an unnecessary burden on applicants as many applicants may not be required to have a medical examination to meet the health requirement at the time of decision for the visa;

 

This Select Legislative Instrument will commence on 18 April 2015.

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Russell Crowe never applied for Australian citizenship, says Immigration Department

http://www.smh.com.au/lifestyle/celebrity/russell-crowe-never-applied-for-australian-citizenship-says-immigration-department-20150325-1m7q55.html




Source: Sydney Morning Herald (26 March 2015)

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Australia and Cambodia sign MOU

A new Memorandum of Understanding (MoU) between Australia and the Kingdom of Cambodia was signed on 26 March 2015.  

Immigration Minister Peter Dutton stated that the MoU will "create a framework to guide cooperation between the two countries covering a range of areas of immigration including technical assistance, exchange of experts, bilateral projects and activities".  The MoU will also reportedly further strengthen co-operation on irregular migration, people smuggling and trafficking. 

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Productivity Commission Inquiry

An inquiry into the migration programme settings is to be conducted by Productivity Commission.  The inquiry is broad ranging and will examine the impact of charges relative to quotas and qualitative criteria to determine Australia’s migration programme settings. 

The Commission has been given 12 months to investigate and report on their findings. The scope of the inquiry includes: 

• The benefits and costs that the intake of permanent entrants can generate
• An examination of the scope to use alternative methods for determining intakes – including through payment – and the effects these would have.
• The benefits and costs of temporary migration with an examination of the use of charges as the primary basis for regulating the level and composition of this migration
• Mechanisms for achieving an optimal interaction between temporary and permanent
• migration noting that temporary migration is an established pathway to permanent migration.

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Temporary work visas - Education and Employment References Committee Inquiry

A Senate motion was passed on 25 March 2015 establishing an inquiry into temporary working visas by the Education and Employment References Committee.

The Committee has until 22 June 2015 to report on the impact of temporary work visas programmes on the Australian Labour market and unemployment.  The terms of reference will consider the impacts of temporary work visas, including:

• on the wages, conditions, safety and entitlements of both Australian and temporary workers
• the training and skills development of Australians
• the adequacy of monitoring, enforcement and integrity of these programmes
• the effect of English language requirements
• the provisions and concessions made in DAMAs, EMAs and labour agreements
• the relationship between 457s and other visas with work rights

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Report released - Inquiry into the Business Innovation and Investment Programme

The Joint Senate Committee on Migration has released the report from its Inquiry into the Business Innovation and Investment Programme.

The Report made only one recommendation:that the Department of Immigration and Border Protection examine the programme as part of the 2015-16 migration programme survey and in its reviews of the skilled migration and temporary activity visa programmes.

The Committee mentioned a number of challenges it faced included:

• the distinct lack of empirical evidence
• limited information provided by Governments
• little evidence that the programme was actually meeting any of its objectives
• the exclusion of a key component of the programme (the Significant Investor Visa stream);
• the announcement by the Government that it would expand the Significant Investor Visa,
• the announcement by the Government that it would task Austrade to become a nominating entity for the visa
• the announcement by the Government that it would conduct a survey on the 2015-16 migration programme
• the announcement by the Government that it would undertake a review of the skilled migration and temporary activity visa programmes.

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457 Visa Review - Government response

457 Review

In September 2014, after four months of consultations, with feedback from 189 submissions and more than 150 stakeholders, the results of the independent review into the 457 program were published.  22 recommendations were made overall in the pursuit of increased deregulation and liberalisation to improve the flexibility, responsiveness and certainty of the 457 program.

On 18 March 2015 the Government published its response which, with the exception of the extension of the list of countries exempted from English language testing and the continuation of Labour Market Testing, supported or supported ‘in principle’ all the recommendations.

Among those recommendations, the most important appear to be the following:

Recommendation   Government Response
Relaxing of the English Language Requirement The report recommended a relaxation of the current English Language requirement by accepting the average score, extending the number of testing authorities, increasing the number of countries exempt from English language testing.	The English language level will be altered to an IELTS average of 5 overall, with no less than 4.5 in any band. Alternate English language test providers are likely to be announced next month. The exemption for demonstrating English language competency will not be extended to further countries, although the current exemption for 5 years continuous study in English will be changed to 5 years ‘cumulative’ study.
Increasing validity period for Standard Business Sponsorship The report recommended extending the approval period from 3 to 5 years for established businesses and from the current 12 months to 18 months for start-up businesses.	SBS approvals will be extended from 3 to 5 years and from 12 to 18 months for start-up businesses. These new approval time frames will commence from the time of renewal or new applications for SBS. Current approvals will not be extended to these time frames.
Halving the time with the 457 sponsoring employer to access the 186 visa   The report recommended maintaining the two year period on a 457 for the Temporary Residence Transition stream but decreasing to one year the amount a 186 applicant needs to spend with the sponsoring employer.	The age limitations and the TRT time frames for transition to ENS will be reviewed as part of the Skilled Migration and 400 Visa Series Review, but the recommendations on these from the 457 review are supported.
Simplifying Training Requirement for 457 Sponsors The review recommended the abandonment of the current training benchmarks in favour of an annual "training levy" for each sponsored 457 holder (between $400 and $800) depending on the size of the business.	Training Benchmarks A and B will be replaced with an annual training fund contribution based on the number of 457 sponsored and with the contributions scaled according to the size of the sponsoring organisation These contributions will be made to the Department of Industry and directed to areas of identified training need. Training expenditure cost may decrease for sponsors under this new arrangement.
Enhanced Compliance The report recommended that the Department of Immigration should follow more closely the model of the ATO identifying discrepancies by risk tiering and data matching techniques. Furthermore, more funding should be allocated to monitoring and sanctions, as well as improving linkages with other agencies such as the Fair Work Ombudsman.	The ATO and the Department have signed an MOU which allows information to be shared on 457 visa holder salaries. The MOU allows the Department to request salary compliance checks across a broader range of the sponsored employees and businesses, without increasing the number of work site visits.
Reviewing the Occupations List for 457 Occupations and the Labour Market Testing requirement by a Tripartite Advisory Council The report recommended that a new Ministerial Advisory Council be set up in place of the current one. The new entity should be composed by representatives from Government, Unions and Industries and be supported by a dedicated market analysis team. The report recommended that the current Labour Market Testing be abolished.	The Ministerial Advisory Council on Skilled Migration cannot be replaced, but advice is being sought on whether it can be reconstituted to be more responsive on labour market issues.
Labour Market Testing   The report recommended that  employer-conducted labour market testing be abolished as not “fully reliable” and, in the Australian context, ineffective.	Labour market testing will not be abolished, however, the Department will examine ways to reduce the burden to employers and red tape in this process.

 

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Australia & Vietnam - Work and Holiday MOU

Australia and Vietnam have signed an MOU that will allow reciprocal Work and Holiday visa arrangements for 200 young people from both countries to experience each other's culture.

The Work and Holiday visa requires applicants to have the support of their government, hold or be studying towards tertiary qualifications and speak 'functional' English.

It will be some months before the administrative requirements for the visa are finalised and it becomes available for applications and we will provide an update when further information is available.

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Offshore biometric testing for Sponsored Family visas

Applicants for Sponsored Family Visas from designated countries will be included in the biometrics collection programme from 6 May 2015.

While applications for the Sponsored Family Visitor stream visa will continue to be lodged and processed in Australia, applicants will need to attend their closest Australian Visa Application Centre (AVAC) or Australian Biometrics Collection Centre (ABCC) in person to provide biometrics (facial photograph and fingerprints) after the application has been lodged.

Affected applicants will receive correspondence from the Department requesting them to undertake biometrics. Applicants must take this correspondence with them to the AVAC/ABCC, otherwise their biometrics will not be collected.

Biometric collection will attract a service fee and applicants should check the AVAC/ABCC website for the correct charge.

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457 Visa, Nomination, Upload documents, Immiaccount, Labour Market Testing

It is very important to remember, when lodging a 457 Nomination on Immiaccount, that evidence of Labour Market Testing, contrary to other required documentation, needs to be provided at the time of lodgement.

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Recognition of Prior Learning (RPL) - General Skilled Migration (Riaz v Minister for Immigration & Border Protection [2013] FCCA 2244)

In Riaz v Minister for Immigration & Border Protection [2013] FCCA 2244 (Riaz), the Full Federal Court found that regulation 1.15F(1)(c) ‘simply required [an applicant] to show that he or she had completed a course or courses that were registered under s9 of the ECOS Act for a period of at least 92 weeks’, and an applicant is not required to also show that he or she has completed ‘the usual or normal or approved full time workload of ‘a course or courses so registered’.

Following the Full Federal Court’s decision in Riaz, an applicant can meet the 2 academic years requirement in regulation 1.15F(1)(c) on the basis of as much Recognition of Prior Learning (RPL) as the educational institution conducting the course or courses registered under s9 of the ESOS Act allows. This could include study done previously overseas and/or in Australia.

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A celebrity adoption

The adoption of a baby girl by Cate Blanchett has focussed attention on the adoption visa rules again:




http://www.smh.com.au/lifestyle/celebrity/ls-celebrity-news/cate-blanchetts-adoption-of-a-baby-girl-puts-spotlight-on-australias-unwieldy-system-20150307-13xyfg.html

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People Who Overstay Their Visas

The Department of Immigration and Border Protection (DIBP) employs a variety of measures to locate unlawful non-citizens in Australia. Because of increasingly sophisticated technology and information sharing protocols, it is probably fair to say that overstayers are more vulnerable than ever before.
Probably the easiest and most common way for an overstayer to be identified and located is by way of ‘dob in’, that is when a member of the public rings DIBP and provides details of someone they either know, or have good reason to believe is in Australia without proper lawful status.


The motivations that drive those to ring the Department are as many and varied as life itself – they can be jilted lovers, concerned employers or simply ordinary citizens anxious to see that our laws are being obeyed.


Other, more sophisticated means of locating overstayers include data matches by DIBP with other government agencies such as the Australian Taxation Office and Centrelink that may hold information on overstayers paying tax or claiming benefits. They also conduct "field visits" to places of employment. DIBP also has access to information held by other agencies such as state and federal police services, road and traffic authorities and utility companies.

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The 188 Significant Investor Visa – a golden ticket to Australia

The 188 Significant Investor Visa – a golden ticket to Australia

 

The Age newspaper has recently reported that the number of residency visas granted to wealthy foreigners willing to invest at least $5 million on complying investment in Australia has surged fivefold in the past 12 months.   

 

If visa holders maintain their investment for four years and live in Australia for 160 days during that four year period, they will be eligible for permanent residency.

 

It eyes on affluent foreigners who are able to demonstrate lawful acquisition of at least $5 million.   According to the Immigration Department statistics, so far 651 visas have been issued, of which 371 went to applicants sponsored by the Victoria State Government and 213 to applicants sponsored by the New South Wales State Government.  Interestingly, 89.1 per cent of successful applicants are from China.

 

The Federal Government flagged some changes to the Significant Investor Visa to be introduced in July 2015.  The changes include:

 

• 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​; and

 

• changes to improve visa processing times.

 

The government has indicated that the changes will be made progressively through the 2014-15 programme year, with changes requiring legislative amendment expected to come into effect from 1 July 2015.

 

The government has also indicated that these changes will not apply to current SIV holders or current applications. 

 

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Australian Business Talent Visa (Subclass 132 visa)

Australian Business Talent Visa (Subclass 132 visa)

Basic Requirements

The Business Talent (Migrant) visa is a permanent visa for the highest calibre of business people who are under the age of 55 (unless exceptional circumstances exist) and have sponsorship from a State or Territory government.

You must also either:

• have net business and personal assets of at least AUD1.5 million and an annual business turnover of at least AUD3 million if you intend to apply for the visa in the Significant Business History stream,
  or
• have obtained at least AUD1 million in venture capital funding to start the commercialisation and development of a high-value business idea in Australia if you intend to apply for the visa in the Venture Capital Entrepreneur stream.
  Applicants are required to submit a detailed business proposal with their visa application and demonstrate that they have sufficient assets to settle in Australia.

Visa Entitlements

Successful applicants and holders of an Australian Business Talent visa become permanent residents of Australia.

 

Permanent residents are entitled to live, work and study in Australia on a permanent basis. Additional benefits of Australian permanent residence include access to government-subsidised healthcare (Medicare), certain social security benefits and the ability to apply for Australian citizenship.

 

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Australian Retirement Visa (subclass 410 visa)

 

AUSTRALIAN RETIREMENT VISA – SUBCLASS 410

Basic Requirements

In order to qualify for an Australian Investor Retirement visa, applicants must be over 55 years of age and have no dependents other than a spouse. Applicants must be self-supporting and be willing to make a significant long-term financial investment in Australia.

Applicants require sponsorship from a participating State or Territory government and will be required to make a designated investment in that sponsoring State or Territory. The investment amount varies depending on where the applicant settles and a reduced investment is available to applicants who settle in a regional area of Australia.

All Australian visa applicants must satisfy health and character requirements.

 

 

Visa Entitlements

Applicants who are granted an Investor Retirement visa will become temporary residents of Australia for up to four (4) years. The Australian Investor Retirement visa is not an avenue to permanent residence or citizenship in Australia. Investor Retirement visa holders who continue to satisfy the visa requirements are entitled to apply for subsequent Investor Retirement visas.

Successful applicants are entitled to work up to twenty (20) hours per week and are required to pay taxes on any income earned. Temporary residents cannot access social welfare benefits or government subsidised health care (Medicare) and are required to obtain adequate health insurance cover for the duration of their stay in Australia. Citizens of countries with which Australia has Reciprocal Health Care Agreements (RHCA) are entitled to emergency medical cover in Australia.

RHCA countries include Finland, Italy, Malta, the Netherlands, Sweden and the United Kingdom.

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888 VISA - Business Innovation and Investment Visa (Permanent)

This visa is the second stage of the Business Innovation and Investment (subclass 188) visa.

You can apply for this 888 permanent visa after holding the 188 provisional visa either for 2 years in the Business Innovation Stream or 4 years in the Investor Stream and you have met all prescribed criteria.

Basic Requirements:

• be the primary holder of a provisional 188 Business Innovation and Investment visa  
• be nominated by an Australian state or territory.
• Business Innovation Stream requires you to have established a business in Australia which meets certain asset and turnover requirements
• Investor Stream requires you to have held an investment in Australian bonds for 4 years

Business Innovation stream

If you are in the Business Innovation stream, you must have been in Australia and held your 188 provisional visa for at least 1 year in the 2 years immediately before you apply.

In addition, you (or your partner, or you and your partner combined) must:

• have had and continue to have a direct and continuous management role in a main business (or two main businesses) in Australia for at least two years immediately before you apply
• have had a turnover, in that main business (or two main businesses), of at least AUD300 000 in the year immediately before you apply
• own at least one of the following percentages of that main business (or two main businesses):
• 51 per cent of a business with a turnover of less than AUD400 000 per annum
• 30 per cent of a business with a turnover of more than AUD400 000 per annum
• 10 per cent of a publicly-listed company
• have obtained Australian Business Numbers for each of the relevant businesses
• have submitted all relevant Business Activity Statements to the Australian Taxation Office
• have not acquired the ownership in your main business (or two main businesses) from a person who was a 188/888 visa applicant themselves, unless you and that person had a joint interest in the main business for at least one year before you lodge your application for this visa.
• Meet the required net value of assets and history of employment by meeting 2 of the following criteria:
• the net value of your assets in the main business (or two main businesses) in Australia is at least AUD200 000 throughout the year immediately before you apply
• the net value of your personal and business assets in Australia has been at least AUD600 000 throughout the year immediately before you apply
• your business employed, throughout the year immediately before you apply, at least the equivalent of 2 full-time employees who are Australian citizens, Australian permanent residents, or New Zealand passport holders and not your family members.

Investor stream

If you are applying for this visa in the Investor stream, you must have been in Australia and held your provisional visa for at least two of the four years immediately before you apply.

In addition, you (or your partner, or you and your partner combined) must have:

• held a designated investment with an Australian state or territory for at least four years
• a satisfactory record of complying with Australian laws, including those relating to taxation, superannuation, workplace relations and other laws relevant to your business
• not been involved in unacceptable business or investment activities
• a strong commitment to continue your business and investment activity in Australia.

Benefits of the 888 Business Innovation and Investment Visa (Permanent)

888 visa is a permanent visa which allow you and your immediate family members (such as a partner and dependent children) included on the application to live, work and study in Australia. 

 

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400 visa - Temporary Work (Short Stay)

The Temporary Work (Short Stay Activity) 400 visa is a temporary visa that lets you enter Australia to:

• Do short-term, highly specialised, non-ongoing work
• Participate in an event or events on a non-ongoing basis at the invitation of an Australian organisation

You can usually stay in Australia for up to six weeks but longer periods can be requested.  

Depending upon the nature of work, visa 400 has 3 streams:

• highly specialised work stream,
• invited participant stream, and
• Australia’s interest stream.

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