NSW launches 'International Student Welcome Desk' at Sydney Airport

NSW launches International Student Welcome Desk at Sydney Airport

International students in NSW now have support from the moment they arrive at Sydney International Airport. The NSW International Student Airport Welcome Desk commenced operations on 18 July.

The desk is staffed by local and international student volunteers through a formal work integrated learning program with StudyNSW. The volunteers greet students and offer orientation advice and distribute guides with maps and information about accommodation and transport.


Ipads fixed at the desk also offer information and will direct students to StudyNSW’s student facing website once the website goes live next month.

StudyNSW initiated the Welcome Desk in response to recommendations from our stakeholders and feedback from the International Student Barometer 2014. The desk will be staffed during peak arrival periods in July/August and January/February with ongoing staffing primarily at weekends at non-peak periods.

The 12 month pilot project has been co-funded by a consortium including StudyNSW, Destination NSW, Australian Catholic University, Charles Sturt University, Macquarie University, University of Sydney, University of Newcastle, University of New South Wales, University of Technology Sydney, University of Western Sydney, University of Wollongong, TAFE NSW, NSW Department of Education, English Australia and is supported by the Council of International Students Australia (CISA). A steering committee representing all partners will assess its effectiveness after one year and make recommendations for future improvements.

NSW Minister for Trade, Tourism and Major Events Stuart Ayres said the NSW International Student Airport Welcome Desk would help to ensure international students feel welcome. “Recent surveys have highlighted that the first 24 hours is crucial to students forming their perspectives about studying and living in NSW,” Mr Ayres said.

"As the gateway to Australia, Sydney Airport is proud to support StudyNSW’s International Student Airport Welcome Desk at the airport," Sydney Airport Managing Director and Chief Executive Officer Kerrie Mather said, "International students are a key visitor market for Sydney Airport and it’s essential that we provide a positive first impression of Sydney by making them feel welcome."

If you are an education provider or education agent, we encourage you to share information about the Welcome Desk to international students making their first journey to NSW.

Desk location: Arrivals Hall A, Terminal 1, Sydney International Airport
Open: 7.00am-11.00am, 6.00pm-10.00pm, 7 days a week during semester intakes and weekends at other periods.

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Airport disruptions across Australia on Monday 3 August 2015

Employees of the Department of Immigration and Border Protection (DIBP), including the Australian Border Force, who are members of the Community and Public Sector Union (CPSU) will undertake protected industrial action (PIA) on Monday 3 August 2015 across Australia.

Passengers travelling internationally on Monday morning may experience delays at airports, while visa and citizenship services may also be affected.

Acting Deputy Commissioner Operations, Steve Lancaster, said travellers and DIBP clients should not be alarmed by this action, but allow extra time for processing.

“The CPSU has agreed that a range of functions that maintain safety of life at sea and national security safeguards will be excluded from any PIA,” Mr Lancaster said.

“The health, safety and security of the public and our staff continue to be our priority”.

“We are working closely with our partner agencies to minimise impacts on operations”.

“We recommend that passengers booked on international flights departing on Monday morning to arrive early in accordance with your airline’s guidelines and after check-in, promptly proceed straight to immigration and customs clearance.”

Further information will be published on the Department’s website (www.border.gov.au ) and official Facebook page.

The proposed enterprise agreement has been circulated to employees, and will be put to a vote as soon as possible.

Transitional arrangements that maintain a range of conditions for former Australian Customs and Border Protection Service employees have been put in place from 1 July through determinations made under the Public Service Act 1999.

 

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Administrative Appeals Tribunal (AAT) Reforms

On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) were merged with the Administrative Appeals Tribunal (AAT).

Like the MRT, the AAT conducts independent merits review of administrative decision under the laws of the Commonwealth and has the same powers to affirm, vary, set aside or remit decisions.

The AAT has recently issued practice directions which places obligations on representatives and applicants which did not previously exist with respect to MRT/RRT matters and which everyone needs to be aware of if wishing to conduct applications in this jurisdiction. Included in these directions, it is necessary to note following:

1. At the time of lodging the review application applicants are expected to provide all relevant evidence and detailed submission supporting clients,
2. Any additional clients/submissions must be lodged no later than seven days prior to the hearing and must identify clearly any changes to the previous claims and any new or additional claims,
3. There are clear requirements as to how submissions are to be prepared;  claims must be clearly and concisely identified and the issues in a review must be addressed with details of the relevant facts that support the claims made in the submission,
4. Prehearing submissions must be submitted at less seven days prior to the hearing setting out all of the claims and must be accompanied by a declaration from the applicant confirming that the submission has been read and that it accurately and completely presents the claims,
5. Witness statements also need to be prepared and lodged with theTribunal; if for any reason a witness is unable to sign the statement, it is necessary to provide a synopsis of what the witness will say on the hearing date.

The requirements of the AAT means that for most agents the way in which they conduct review applications will need to change significantly. As distinct from the old practice of lodging a review application and then preparing submissions sometime between the lodging date and the date of hearing, and in some cases, not at all, it is now necessary to immediately identify issues and prepare supporting submissions. This will require careful analysis and attention to detail from the outset.

 

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New online lodgement system for the AAT (Migration and Refugee Division)

Applications for the review of a decision can now be lodged online to the Administrative Appeals Tribunal on the following web address:

 

https://tribunalonline.mrt-rrt.gov.au

 

When lodging an application online, if an application fee is applicable, the full fee must be paid as an online payment using Visa or MasterCard only.

 

Supporting documents can be uploaded online as well at the end of the electronic application. It is important to remember that if lodging on the last day of a time limit, the application must be received by the AAT no later than midnight local time, if you are lodging from a location within Australia, or midnight Australian Capital Territory local time, if lodging from outside Australia.

 

 

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Age exemption for eligible medical practitioners in regional Australia

To attract and retain vital health services in rural areas, there is an exemption to the age requirement for eligible medical practitioners who are 50 years of age and over, work in regional Australia and who wish to apply for the Subclass 186 Visa and Subclass 187 Visa.

 

From 1 July 2015, the age exemption available to medical practitioners in regional Australia will no longer require employment with the same employer while holding a Temporary Work (Skilled) Subclass 457 Visa or a Medical Practitioner (Temporary) Subclass 422 Visa.

 

Instead, medical practitioners applying for a Subclass 186 or Subclass 187 Visa must demonstrate at least four years employment in the nominated occupation. These medical practitioners must demonstrate that at least two years of the required four years employment was located in regional Australia and the nominated position will also be located in regional Australia.

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UPDATE: Accountants - General Skilled Migration (Subclass 189 and subclass 489) visa

The number of places for Accountants for the General SKilled Migration program (subclass 189 and subclass 489) has been SLASHED from over 5000 places to just 2525 this program year.

 

The effect of this is that most independent skilled visa applicants (189 and 489-relative sponsored) who apply as Accountants will require 65 points or more. The Department of Immigration & Border Protection (DIBP) have announced that they will stagger their numbers over the program year, and that those applicants on 60 points may find they have a long wait or may miss out altogether.

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Australia - $5m Significant Investor Visa (SIV) and $15m Premium Investor Visa Changes (PIV)

​On 29 June 2015 and 1 July 2015, the Federal Government released new regulations which made changes to the Significant Investor Visa (SIV) regime and introduced the new Premium Investor Visa (PIV) sub-class.

The key changes in the new regulations include:

• the creation of the new PIV sub-class of investor visas which provides access to permanent residency after 12 months and requires the applicant to make a complying investment of $15 million;
• changes to the types of investments which are acceptable for SIVs and PIVs;
• the granting of additional powers to Austrade to make nominations for the SIV and PIV and to monitor the market; and
• transitional changes which preserves that eligibility of applicants who were granted the sub-class 188 SIV prior to 1 July 2015 who invested under previous complying investment rules.

Recap of the SIV program

The SIV program was introduced in November 2012 and provided a two step pathway to permanent residency for investors who invest a minimum of $5 million over a 4 year period in a complying investment.

The key features of the SIV program which underpinned its success in the 2 ½ years since its initial introduction were:

• unlike other skilled visa or business visa categories, there were no English language requirements or business skills requirements that needed to be satisfied;
• an applicant was not required to operate a business in Australia. Instead, an applicant for the SIV needed to invest in complying investments which included, amongst other things, State or Territory Government bonds, complying managed funds which invested in Australian listed shares, corporate bonds, mortgages, agribusiness, infrastructure or real estate, or private companies which passed sponsorship requirements determined by State or Territory Governments and the Department of Immigration and Border Protection (DIBP); and
• SIV holders only needed to be in Australia for 40 days per year for 4 years to satisfy the residency requirement in order to apply for Australian permanent residency.

The SIV program attracted strong demand from prospective high net worth investor migrants (particularly from China and Asia). As at December 2014, almost 500 SIVs were granted resulting in the injection or the proposed injection of approximately $2.5 billion into the Australian economy.

Key SIV changes

In October 2014, the Federal Government undertook a review of the SIV program with the purpose of re-tasking SIV investments into areas of the economy where the injection of capital would significantly encourage growth and entrepreneurial activity and exploring the possibility of introducing a PIV program. The review, which was administered in conjunction with Austrade, the Minister of Trade and Investment and the DIBP, undertook a number of rounds of consultation before announcing the revamped SIV program.   

Whereas previously, complying investments for SIV purposes provided significant flexibility regarding the choice to invest in government bonds, certain types of managed funds and private companies, from 1 July 2015 complying investments will now include mandatory allocations to certain types of assets including:

• Venture Capital Investments: a minimum of $500,000 investment in an Australian venture capital fund which invests in start-ups and small private companies.  The venture capital component must be invested in an AusIndustry registered Venture Capital Limited Partnership (VCLP), an Early Stage Venture Capital Limited Partnership (ESVCLP) or an Australian Venture Capital Fund of Funds (AFOF). Venture capital funds do not have to be invested immediately. SIV applicants will have a period of 12 months following the grant of the provisional visa to make an investment in an eligible VCLP or ESVCLP. Where investments in venture capital funds are realised before the end of the 4 year term of the provisional SIV (sub-class 188), the realised capital must be reinvested in a complying venture capital investment, Emerging Companies Investment or Balancing Investment which complies (see next two bullet points) with the rules;
• Emerging Companies Investments: a minimum of $1.5 million investment in a complying managed fund which invests in emerging companies (companies which have a market capitalisation of less than $500 million). There is some flexibility for the complying managed fund to invest a certain allocation of its assets in unlisted companies, companies with market capitalisation greater than $500 million and foreign companies and cash and derivatives (for risk management purposes only), however, there are strict valuation limits on those investments. The emerging companies fund is also required to maintain a portfolio of securities issued by no less than 20 different issuers and the fund must not invest more than 10% of its net asset value in any one security issuer;  and
• Balancing Investments: the balance of investment in complying managed funds which invests in listed Australian companies, Australian corporate bonds/notes in listed Australian companies, deferred annuities or non-residential real estate in Australia (there is a 10% limit on residential real estate for the complying fund).

In respect of the balancing investments and the emerging companies funds, a further requirement is that fund managers responsible for managing Emerging Companies Investments must hold at least $100 million firm wide funds under management in order to qualify for SIV compliance.

Other key changes are:

• investors and their associates (e.g. spouse or related companies) must not be involved in the management of the investment structure in which the managed funds invest through;
• investments in Australian private companies and State and Territory Government bonds will no longer qualify for SIV;
• investments in Australian mortgage funds are not complying investments from 1 July 2015 onwards; and
• loan back funds where the interests in the fund is used as collateral for loans will no longer be permitted.

Premium Investor Visa Updates

The Premium Investor Visa will be introduced on 1 July 2015 which requires a $15 million complying investment. PIV holders will be able to apply for an Australian permanent visa 12 months after the investment as opposed to the 48 months required for SIV holders.

PIVs are based on referrals from State/Territory Governments and are designed to attract entrepreneurial skill or talent to Australia. Austrade will assess and nominate the candidate.

PIV investments can either be made directly or through managed funds into Australian listed securities, government bonds/notes, corporate bonds issued by Australian public listed companies, private Australian companies, property in Australia (excluding residential real estate), and annuities issued by Australian life companies.

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Australian Visas Update - Child and Orphan Relative visas

The Australian Department of Immigration & Border Protection (DIBP) announced in the 2015 Budget that up to 190,000 permanent migration places will be available in 2015-16 migration programme.  Some changes to the programme have been announced which will affect how the Child and Orphan relative categories will be managed.

At least 3,485 additional permanent Child visa places will be available outside the managed Migration Programme.

Child category visas (excluding Orphan Relative) will no longer be counted under the managed Migration Programme. This is in response to the Government’s commitment to reform and improve the processes relating to inter-country adoption.  The Child category will continue to be carefully monitored while it transitions to a fully demand-driven model by 2019-20.

Orphan Relative visas will now form part of the 'Other Family' category within the Migration Programme with 400 places allocated to Orphan Relative visas.

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Ministers of Religion - Labour agreements (Australian visa changes)

Legislative changes came into effect on 1 July 2015 which will limit nominations for permanent visas for Minister of Religion (ANZSCO 272211) to the Agreement Stream of the Employer Nomination Scheme (Subclass 186 visa). The Department would like to clarify the impact of these legislative changes.

From 1 July 2015:

• Employer nominations for Minister of Religion occupation for the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187 visa) can no longer be lodged. Minister of Religion is not an eligible occupation for sub-subparagraph 5.19(4)(h)(ii)(D) of the Regulations as specified by legislative instrument IMMI 15/083.
• Nominations by a standard business sponsor for Temporary Work (Skilled) Subclass 457 visa cannot be for a Minister of Religion as this occupation is not an eligible occupation for paragraph 2.72(10)(aa) of the Regulations as specified by IMMI 15/092
• Visa applications can be lodged for Minister of Religion for Direct Entry or Temporary Residence Transition stream if the linked nomination was lodged and approved prior to 1 July 2015, and if the linked nomination was lodged prior to 1 July 2015 and then subsequently approved on or after 1 July 2015.
• All visa applicants nominated as Minister of Religion will no longer be eligible for the age, skill and English language exemptions previously available prior to 1 July 2015 under Legislative Instruments IMMI 13/059, IMMI 12/060 and IMMI 12/059. Class of persons exempt from age, skill and English requirements is specified as per legislative instrument IMMI 15/083 for all visa applications lodged from 1 July 2015.
• Employer nominations for the Temporary Residence Transition stream, Regulation 5.19(3), are possible if applicants are an existing Subclass 457 visa holder who was granted the Subclass 457 visa prior to 1 July 2015 on the basis of satisfying subclause 457.223(4) of the Regulations and whose occupation is Minister of Religion.

The Department acknowledges that there are still Ministers of Religion who are Subclass 457 visa holders in Australia. An individual letter will be sent to these Subclass 457 visa holders in relation to these changes.

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Australian Business Innovation and Investment Program visas - pass mark and points test update

The announced 1 July 2015 reduction in the pass mark for the points test for the Business Innovation and Investment Program (BIIP) visas, from 65 points to 50, has been postponed by the Australian Department of Immigration & Border Protection (DIBP) pending further consultation and stakeholder engagement.

The Joint Standing Committee on Migration recently reported the outcomes of its inquiry into the BIIP. One of the items identified by the Committee for further examination by the Department was the "points test" which is utilised to determine applicant eligibility. In light of this recommendation, the Department will undertake further examination of the appropriateness of the current points test threshold.

The Department will also examine the effect of other changes to the application rate for the BIIP, including reforms to the Significant Investor Visa (SIV) stream, and the reinstatement of role swapping for the Investor and Business Innovation streams, which came into effect on 1 July 2015.

The Department will be seeking stakeholder views on the points test, including the pass mark, and other aspects of its operation over the coming months.

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Subclass 403 Visa (Australia) - Temporary Work (International Relations)

The Subclass 403 visa is intended to facilitate the entry of persons to work or undertake an activity in Australia which serves Australia’s international relations interests, including:   

• persons entering under a bilateral agreement between Australia and another country;


• representatives of foreign government agencies without official status in Australia;


• foreign language teachers who are to be employed in Australia by their government;


• domestic workers to be employed in a private capacity in Australia by diplomatic or consular representatives and certain representatives of international organisations; and


• persons accorded privileges and immunities under either the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995.

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Australian Border Force (ABF)

On 1 July 2015, the functions of the Department of Immigration and Border Protection (DIBP) and the Australian Customs and Border Protection Service were integrated into a new Department. The Australian Border Force (ABF) was established as the new front-line operational agency within the Department reflecting a greater focus by the Australian government on the border as a strategic national asset.  The integrated arrangements build on recent border protection reforms and the long history of the two organisations working closely together.


The Australian Border Force brought together all existing operational border, investigations, compliance, detention (facilities and centres) and enforcement functions. Policy, regulatory and corporate support for the Australian Border Force are delivered by the Department.


The ABF have significant service and enforcement functions, including:

• facilitating the lawful passage of people and goods;
• investigations, compliance and enforcement in relation to illicit goods and immigration malpractice; and
• onshore detention, removals and support to regional processing arrangements.

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Victoria’s Significant Investor Visa (SIV) program reopens for business

Following a pause in the processing of applications for Significant Investor Visa (SIV) nomination, Victoria is again open for business.

Processing of applications for Victorian Significant Investor visa nomination under the Commonwealth Government’s new Complying Investment framework resumed from Wednesday 1 July 2015.

Under the new framework, migrant investors must invest:

• at least AUD$500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies
• at least AUD$1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX)  
• a ‘balancing investment’ of up to AUD$3 million in fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible Australian corporate bonds or notes, annuities and real property in Australia (subject to the 10% limit on residential real estate).

Victoria’s visa nomination policy will not change under the revised program.

Applicants are asked to show evidence of economic contribution to Victoria in two investment categories (Venture Capital and one other) within their complying investment:

• Venture Capital – by demonstrating that the venture capital and private equity (VCPE) fund is actively sourcing investment in Victoria, or the VCPE fund provider maintains an office in Victoria
• Emerging Companies and Balancing Investment – by demonstrating that Victorian investment is included in the chosen investments, or the managed fund provider maintains an office in Victoria.

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