Employment Workplace Relations

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

Tuesday, 30 June 2015

1 July 2015 legislative changes to Employer Nomination Scheme and Regional Sponsored Migration Scheme

There are a number of legislative changes that came into effect on 1 July 2015 affecting the Employer Nomination Scheme (Subclass 186 Visa) and Regional Sponsored Migration Scheme (Subclass 187 Visa).     Ministers of Religion occupation From 1 July 2015, the occupation of Minister of Religion (ANZSCO 272211) will be ineligible for both the Direct Entry Stream and the Temporary Residence Transition stream of the Subclass 186 Visa and Subclass 187 Visa, or the Temporary Work (Skilled) Subclass 457 Visa.   Religious...

Monday, 29 June 2015

Amalgamation of key Commonwealth merits review tribunals (migration)

Legislation passed Parliament on 13 May 2015 enabling the amalgamation on 1 July 2015 of key Commonwealth merits review tribunals:  Administrative Appeals Tribunal (‘AAT’); Migration Review Tribunal (‘MRT’);  Refugee Review Tribunal (‘RRT’); and Social Security Appeals Tribunal (‘SSAT’).    The amalgamated tribunal, known as the AAT, will undertake the same functions as the MRT and RRT, with administrative and corporate provisions harmonised where possible.  Provisions specific to management of the migration...

New $15m 'Premium Investor Visa' (Australia)

Select Legislative Instrument - F2015L00963 - Migration Amendment (Investor Visas) Regulation 2015 amends the Migration Regulations 1994 to create a new Premium Investor stream visa, that: Requires an investment of $15,000,000 and provides access to permanent residence after 12 months Amends what types of investments are acceptable for the various investment visa streams, Specifies additional or changes in investment requirements as Austrade monitors the market Also amends the existing Significant Investor,...

Thursday, 25 June 2015

Significant changes to the definition of 'refugee' (Australia)

The new Immigration Assessment Authority (IAA) is expected to shortly start receiving refused protection visa cases for its review and assessment. The IAA will only be assessing visa refusals made by 'fast track' applicants.  These are applicants that arrived by boat and without a valid visa between 13 August 2013 and 1 January 2014 and have made a protection visa application onshore.  There are also a small number of fast track applicants who arrived on Christmas Island between July 2013 and December 2013. These number around...

Skills Assessment Changes for Accountants

Changes to the skills requirements for skills assessment of accountants are due to come into effect from 1 July. All of the Accounting Professional Bodies namely, Chartered Accountants Australia and New Zealand, CPA Australia, and Institute of Public Accountants, are involved in the changes to how applications will be assessed. It is generally accepted that the changes will make it more difficult to qualify for assessment as an accounting professional. All of the occupations currently assessed by the accounting professional bodies will be...

Accounting authorities - Changes to skills assessments

Minor changes are occurring to the skills assessment requirements for accounting professionals.  The total number of core knowledge areas will be consolidated from the current 12 down to 9 core areas. Applicants will need to meet at least seven (7) competency areas for all occupations, with the exception of External Auditors and Taxation Accountants, who will need to meet at least eight (8...

Common English language standards for health professions

From 1 July 2015, new English language standards for registration will come into effect for all health professions, except Aboriginal and Torres Strait Islander health practice. The new standards introduce additional pathways for applicants to demonstrate evidence of their English language skills.  These new standards apply to all applicants for initial registration, regardless of whether they qualified in Australia or overseas, except for Aboriginal and Torres Strait Islander health practitioners.  The new standards...

Tuesday, 23 June 2015

Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Bill) has been introduced and undergone its first reading today in the House of Representatives. The Bill includes measures that: provide the Minister for Immigration and Border Protection with the power to revoke the citizenship of dual nationals allow individuals who have not been convicted of terrorist activities to lose their citizenship allow the intelligence services and Government to declare that it is not 'in the public interest'...

Monday, 22 June 2015

Immigration South Australia - New state occupation list

New State Occupation List  Immigration SA will be publishing a revised South Australian State Occupation List on 1 July 2015. Occupations that are not available on the State Occupation List will be listed on the Supplementary Skilled List and are available to applicants who meet additional requirements. The Supplementary Skilled List reflects all occupations available on the Commonwealth’s Consolidated Sponsored Occupations List (CSOL) that are not listed on South Australia’s State Occupation List.  190/489...

Saturday, 20 June 2015

U.S. Visa System is Still Experiencing Technical Difficulties, Stranding Thousands of Travelers Around the World

Delays could stretch out over the next week.  Appointment scheduling is also delayed at the beginning of the busy summer travel season.   http://rt.com/usa/267937-downed-us-visa-thousands-strande...

Wednesday, 17 June 2015

New ten year visitor visa for Chinese visitors announced by Australian government

A new pilot ten year visitor visa for Chinese visitors has been announced by the Australian government. The visa is expected to provide a great boost for the tourism and the economy generall...

Business and Investment migration visa changes announced

Changes have been announced to the Business Innovation and Investment Programme (BIIP).   The Premium Investor Visa (PIV) The PIV will be available from 1 July 2015, with Austrade the sole nominator for this visa. Significant Investor Visas (SIV) The Complying Investment Framework was announced on 15 May 2015. Under these arrangements the following investments are required: At least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up...

Tuesday, 16 June 2015

Migration Review Tribunal (MRT) Update

From 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal (MRT- RRT) and Social Securities Appeals Tribunal (SSAT) will amalgamate with the Administrative Appeals Tribunal (AAT) and the MRT-RRT will become the Migration and Refugee Division of the AAT.   Very little change should be expected in the way the tribunal operates, however, fees payable when lodging an application for review of all visa refusals and cancellations, except protection visas, will increase to $1,673....

Simplified international student visa framework (SSVF)

A simplified international student visa framework (SSVF) has been announced jointly today by the Assistant Minister for Immigration and Border Protection Senator Cash and the Minister for Education and Training Senator Pyne. The new system will come into place after June 2016. The SSVF will replace both the Streamlined Visa Processing (SVP) arrangements and the current Assessment Level Framework and will apply to all international students. It will lay out a student’s financial and English language evidentiary requirements based on...

Sunday, 14 June 2015

Delays Continue for U.S. Passport and Visas issued Abroad

If you are experiencing delays in getting a new US Passport or Visa this issue is worldwide, read the update below.  The State Department has not given a timeline on when the problem may be fixed. http://travel.state.gov/content/travel/english/news/technological-systems-issue.html ...

Wednesday, 3 June 2015

Entertainment Visa (Subclass 420) - Australia

Entertainment visa (Subclass 420) The Temporary Work (Entertainment) (Subclass 420) visa allows you to come to Australia to work in film, television (including documentaries and commercials) or live productions in either a performance or behind-the scenes role, such as, directors, producers or other production personnel. The Temporary Work (Entertainment) (Subclass 420) visa allow for the inclusion of television or film crew, including actors, production and support staff and still-photographers, who are involved in the production of...

Changes to filing and other fees in the Federal Court from 1 July 2015

As a result of amendments to the Federal Court and Federal Circuit Court Regulation 2012 made by the Federal Courts Legislation Amendment (Fees) Regulation 2015 some significant changes to filing and other fees in the Federal Court will take effect from 1 July 2015. Almost all fees have increased by 10% but, other than for some bankruptcy fees, fee categories have been restructured to remove the higher fee tier for publicly listed companies and to reduce fees for public authorities from the corporations rate to that for "in any other case".   An...

Monday, 1 June 2015

The Migration Review Tribunal (MRT) - Refugee Review Tribunal (RRT) is amalgamating with the Administrative Appeals Tribunal (AAT) on 1 July 2015

On 1 July 2015, the Migration Review Tribunal (MRT) - Refugee Review Tribunal (RRT), along with the Social Security Appeals Tribunal, will be amalgamating with the Administrative Appeals Tribunal (AAT). It will become known as the Migration and Refugee Division of the AA...