Employment Workplace Relations

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

Wednesday, 27 May 2015

Employer Penalties - employing a non-citizen who is not allowed to work in Australia

Employer Penalties: Since 2007, it has been a criminal offence to employ a non-citizen who is not allowed to work in Australia. These offences apply to employers, labor hire companies, employment agencies, and anyone who allows illegal workers to work, or refers illegal workers for work. On 1 June 2013, new laws introduced civil penalties and infringement notices for businesses that allow illegal work. The law also broadens who can be held liable and provides new evidence gathering powers. Criminal penalties remain. The new penalties apply where...

Corporate Visa Lawyers - 457, 186, 400 visas

Nevett Ford Lawyers Melbourne offers in-depth experience and flexible solutions to even the most complex cases to develop a customized service model. This model is highly tailored to your corporate culture and ensures that they are in compliance. Our comprehensive consulting and compliance services include: Providing assistance with the development of internal immigration policies. Evaluating compliance issues. Assessing the immigration impact of a merger or acquisition. Developing immigration solutions. In addition to...

Notice of changes to Visa Application Charges

Notice of changes to Visa Application Charges As part of the 2015-16 Commonwealth Budget, the Government is introducing an  increase, effective from 1 July 2015, to a number of Visa Application Charges (VACs). The proposed adjustments to the VACs, which come into effect on 1 July 2015,  include: A price increase in line with inflation (2.3 per cent) to specific visas within the Permanent Migration Skill Stream, Skilled Graduate, Temporary Long Stay Business (Subclass 457), Visitor and Student visa streams. A 5 per cent...

New work and holiday agreement with Slovak Republic

Young Australians and Slovaks can now explore and work in each other’s countries under a reciprocal work and holiday visa arrangement announced today by the Minister for Foreign Affairs, the Hon Julie Bishop and Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash. Minister Bishop, who met and signed the agreement with Slovak Deputy Prime Minister and Minister for Foreign Affairs Miroslav Lajčák during his three-day visit, said the new arrangement demonstrated the constructive and positive relationship between...

Fake couples and social security payments

Fake couples fraudulently claiming social security payments, or committing migration fraud, are to be targeted nationally under a blitz to be unveiled this week. A new data-matching program will be launched to expose couples in “contrived” marriages who are receiving welfare individually, and legitimate couples who claim to be single so they can fleece taxpayer money. The Federal Government crackdown will involve the departments of Immigration and Border Protection, and Human Services, with welfare recipients who are on single...

Tuesday, 26 May 2015

Changes to Citizenship Act - Opportunity to comment

The Australian Prime Minister and the Minister for Immigration and Border Protection  announced on 27 May 2015 that the Commonwealth Government intends to update the Australian Citizenship Act 2007 to include provisions to revoke the Australian citizenship of dual nationals who engage in acts of terrorism. The new powers will apply to dual citizens who fight with or support groups such as ISIL or Daesh, as well as so-called 'lone wolves' and will apply whether the terrorism occurs in Australia or on foreign soil.  The...

Monday, 25 May 2015

EB-5s and U.S. Visas in the Latest News

Latest EB-5 Trends: http://www.forbes.com/sites/andyjsemotiuk/2015/05/21/whats-trending-in-the-u-s-eb-5-investor-immigration-worl...

New Tool to Look Up LCA and Salary Information– “U.S. Visa Explorer”

Interesting Statistics on the Number of LCAs and Salary Comparison for Major Companies: http://fusion.net/story/138693/this-tool-lets-you-search-salary-data-for-thousands-of-foreign-born-tech-worker...

Thursday, 21 May 2015

Partner visa - fee increase

The Australian Department of Immigration & Border Protection (DIBP) will increase some partner visa application fees from 1 July 2015, as follows: Propective Marriage (subclass 300) visa Price now: $4,630 (primary applicant) Price from 1 July 2015: $6,865 Partner (subclass 309/100) visa Price now: $4,630 (primary applicant) Price from 1 July 2015: $6,865 The price for Partner (subclass 820/801) visa remains the same. We suggest that you get in contact with us if you have been considering lodgement of a Partner based visa as...

Monday, 18 May 2015

English Language Relaxation

The Department of Immigration has implemented the new relaxed English Language Criteria. Effective 18 April 2015 the following English Language criteria apply; 457 Visa: 5 overall in IELTS with no score less than 4.5 485 & 476 Visa: 6 overall with no score less than 5...

2015 Netball World Cup - two visa subclasses

Two visa classes prescribe no Visa Application Charge (VAC) (visa fee) for participants of the 2015 Netball World Cup, Subclasses 400 and 600.   Subclass 400 and 600 both define 2015 Netball World Cup participants as including: Qualifying Teams; Team Officials; Technical officials and umpires Official delegates attending the International Netball Federation Congress and International Netball Federation Board and Panels.​   Subclass 400...

English Language Scores for subclass 485 visa applicants applying as Accountants

With the Department of Immigration & Border Protection (DIBP) reducing the English language marks required from 6,6,6,6 in IELTS to 6 average (minimum of 5 in each band) and there being an equivalent lower score required in the other English tests (OET, PTE, TOEFL, Cambridge), it is important to remember that you STILL need to meet the English marks of whatever assessing body is used for your nominated occupation.   For example with Accountants, it has been confirmed that at this stage a mark of 6,6,6,6 (or equivalent in...

Working Holiday visa changes

The Department of Immigration and Border Protection is currently in the process of making a change to the second Working Holiday (subclass 417) visa initiative, to exclude volunteer wor​​​k activities, such as Willing Workers on Organic Farms (WWOOF), from its eligibility framework. However, this change will take some time to introduce, and is not yet in effect, so it does not impact upon current second Working Holiday visa applications. When the Department knows the exact date of implementation for the change, it will be announced publicly...

Working Holiday Makers to pay more tax

The Federal Government will save hundreds of millions of dollars by increasing visa application fees and forcing some foreigners working in Australia to pay more tax. From July 2016, those on a working holiday in Australia will no longer enjoy a tax free threshold of up to $18,200, and will instead be forced to pay 32.5 per cent tax from their first dollar earned. That measure will save the budget $540 million over four years. Treasurer Joe Hockey said the measure was fair and aimed at "levelling the playing field". http://www.abc.net.au/news/2015-05-12/budget-2015-working-holiday-crackdown-to-yield-millions/6464330   (Source:...

Sunday, 17 May 2015

Where Australia's immigrants were born

http://www.sbs.com.au/news/map/where-australias-immigrants-were-born-melbourne SOURCE: SBS online (Australian Bureau of Statistics – 2011 Censu...

Thursday, 14 May 2015

The Trade Promotion Authority (TPA) and Will it Significantly Impact U.S. Immigration?

With negotiations well under way whether to grant the Trade Promotion Authority, questions about the affects on U.S. immigration linger: http://www.forbes.com/sites/stuartanderson/2015/05/12/the-controversy-over-immigration-and-new-trade-authorit...

What do the 2016 U.S. presidential hopefuls think about immigration reform?

Looking ahead to the 2016 Presidential elections in U.S., views on immigration vary amongst the potential candidates: http://www.usnews.com/news/politics/articles/2015/05/07/a-look-at-where-the-2016-hopefuls-stand-on-immigrati...

U.S. Immigration Relief for Nepalese Citizens

In the wake of the devastating earthquakes to hit Nepal over the past 2 weeks, USCIS has instituted immigration relief measures for affected citizens of Nepal.  Included in these measures are expedited processing for several immigration benefits as well as consideration of fee waivers for some applications.  Senator Ben Cardin, Ranking Member of the Senate Foreign Relations Committee has also requested that the Administration provide Temporary Protected Status (TPS) for Nepalese nationals present in the U.S. and cannot return home due...

Significant Investor and Premium Investor Programme Changes Announced

The Government has provided details today of the new complying investment framework for the Significant Investor Visa (SIV) and Premium Investor Visa (PIV) programme which it hopes to implement from 1 July 2015. The aim of the new requirements is to encourage investment into innovative Australian ideas and emerging companies. Austrade will also become a nominator for the SIV, alongside State and Territory Governments, and interestingly, the sole nominator for the PIV. Under the new framework, SIV applicants will be required to invest...

Tuesday, 12 May 2015

2015 Budget Immigration Highlights

2015 Budget Immigration Highlights: Funding to international aid reduced by a further $1 billion from 2014-15 $14.5 million being allocated in 2015-16 for an expansion of the Adult Migration English Program to include refugees on temporary visas $22.1 million over four years to support young people from refugee and migrant backgrounds to build skills to improve their participation in education and work ( in Social Services portfolio) Funding to international aid reduced by a further $1 billion...

1 July 2015 - Visa fees change

Visa Application Charges (VACs) will change from 1 July 2015. The cgovernment has announced that the changes will fund investment in a number of improvements to support stronger borders and national security initiatives. These adjustments include: • A price increase in line with inflation (2.3 per cent) on visas which face strong international competition or have been impacted by recent price increases. o These include specific visas within the Permanent Migration Skill Stream, Skilled Graduate, Temporary Long Stay Business (Subclass...

Foreign Investment in Australia - Federal Government Budget update

BUDGET UPDATE - Foreign Investment in Australia As part of the Federal Budget, the Government has announced it will: strengthen the foreign investment framework to ensure investors play by the rules and that foreign investment is always in the national interest by introducing a robust regulatory framework reflecting changing demands which is essential to maintaining community support and a welcoming investment environment. the Australia Taxation Office (ATO) will be given responsibility for regulating foreign...

White Paper - Developing Northern Australia

  Developing Northern Australia and Tasmania A White Paper on Developing Northern Australia will be released later this year. Strengthen Northern Australia by establishing a $5 billion Northern Australia Infrastructure Facility that will be available for major infrastructure projects like ports, railways, pipelines and electricity generation. $100 million to improve the roads and supply chains involved in getting cattle to market. The Government is delivering on creating a stronger, more competitive Tasmanian economy. The...

Visa Application Charges (VAC) increases

Visa Application Charges (VAC) increases The Government will raise $437.1 million in revenue over four years by adjusting the visa application charge (VAC) for a range of visas from 1 July 2015 and by moving to full cost recovery for citizenship costs from 1 January 2016. VACs for all visa applications made overseas will increase to align them with application charges in Australia, with the exception of Child Visas, for which domestic VACs will be reduced to match overseas VACs. This measure will also increase VACs for a range of visas. VAC...

Sunday, 10 May 2015

Trades Recognition Australia (TRA) - Job Ready Program - Child Care Centre Managers

Important information for Child Care Centre Managers applying for Step 2 of the Job Ready Program The purpose of the Job Ready Employment step is to enable you to gain experience in an Australian workplace to further develop skills relevant to your nominated occupation.   It is your responsibility to find your own employment.   Please consider the information below before registering for Job Ready Employment as a Child Care Centre Manager.   Child Care Centre Managers are responsible for: directing...

Wednesday, 6 May 2015

Volunteer work to be abolished for second working holiday visa

As announced by Senator Cash, volunteer work is to be excluded from the eligibility framework for second Working Holiday visas. The Department has advised that this change will take some time to implement and until this change can be bought into effect, the eligibility criteria for second Working Holiday visas remains unchanged at this time. http://www.minister.immi.gov.au/michaeliacash/2015/Pages/strengthening-integrity-in-working-holiday-visa-programme.as...