Employment Workplace Relations

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

Tuesday, 22 September 2015

Graduate Temporary Subclass 485 Visas

The Temporary Graduate subclass 485 visa is work visa for international students who have completed 2 years of study in Australia. It can last from between 18 months and 4 years depending on your situation. It is a good way to extend your stay in Australia to improve your chances of becoming eligible for a permanent or provisional skilled visa. Eligibility Streams There are two eligibility streams for the Temporary Graduate Subclass 485 Visa: Post Study Work Stream: commonly referred to as the Post Study Work Visa (PSWV). This...

Monday, 21 September 2015

South Australian government increase their - High Point

Due to high demand, Immigration SA will be raising the requirement for the high point category from 80 points to 85 points. This change is to still allow an avenue for high point scoring applicants. This policy will come into eect on the 22 September 2015 and all high point applications submitted from this date will need to meet the new requirement. Please check the web page for more detailed information on the day. You will be able to access additional occupations (special conditions and Supplementary Skilled List) if you have 85 points...

Tuesday, 15 September 2015

Commening 21 September 2015 - China added to eligible countries for Work and Holiday visa (subclass 462 visa)

Starting from 21 September 2015 Migration Regulations 1994 - Specification of Arrangements for Work and Holiday and Working Holiday Visa Applications 2015 adds China to list of eligible countries for Work and Holiday (462) applicants. Applicants from China must: Hold a valid passport issuesdby the People's Republic of China, Holders of this passport are not required to provide evidence of Government support for the grant of the visa, Chinese applications cannot be lodged by post, Application must be...

Significant Investor Visa (SIV) & Premium Investor Visa (PIV) - Complying Investment Framework (CIF) (1 July 2015 onwards)

Elements that apply to all investments for SIV & PIV SIV and PIV will be distinct visa products with the Complying Investment Framework (CIF) articulated separately. Existing requirements for who may make the investment will remain the same as will the requirement that funds be unencumbered and lawfully acquired. Investors will also still be required to reinvest funds within 30 days of withdrawing them from a complying investment or cancelling the investment in order for the investment to continue to be complying. Direct investment into...

Thursday, 10 September 2015

NSW to increase Subclass 190 nominations

The NSW Department of Industry has advised that they have recently begun issuing invitations for the 190 State Nomination visa.  While the rate of nominations since July 2015 has been limited, NSW anticipates nominating another 4,000 skilled candidates for the 190 visa in 2015-16 with a ramp up of invitations in the coming months.  NSW Department of Industry will increase the rate of nominations in the coming months with a total annual target of 4000 places to be filled by June 2016. The annual target is the same as originally...

Sunday, 6 September 2015

2nd Working Holiday Visa - new evidence required

From 31 August 2015, applicants for a second Working Holiday Visa must provide pay slips as evidence of the appropriate remuneration  (at least basic pay entitlements) for all work undertaken after this date.  All Australian employers are legally required to provide their employees with pay slips. Work performed before this commencement date will not require pay slip evidenc...

Recommendations from the Report on Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

The Parliamentary Joint Committee on Intelligence and Security has today presented its bipartisan report on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Bill would allow Australian citizenship to be stripped from dual nationals who, in repudiation of their allegiance to Australia, engage in terrorism-related conduct. The Committee has made a number of recommendations and subject to these recommendations supports passage of the Bill through the Parliament. The recommendations narrow the scope of the...

Tuesday, 1 September 2015

De facto visa - living together?

In the case of SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 (11 June 2015) a Full Court in a joint judgement concluded there was no requirement under section 5C of the Migration Act 1958 (Cth) that a couple live together before they enter into a de facto relationshi...