Trial Changes to Visitor Visa Arrangements

As part of the Australian Government’s 2016-17 Budget to boost Australia’s tourism, Australia is set to implement a trial three-year multiple-entry visitor visa for India, Thailand and Vietnam by July 2016 and for Chile by December 2016 with each stay valid for up to three months.

This change complements the three-year, multiple-entry visitor visa announced for Indonesia in November last year, and a 10-year visitor visa for China that will be available online in Simplified Chinese this year, the first time Australia has trialled visa application lodgement in a language other than English.

Additionally, subject to a preliminary evaluation of the trial currently underway for China in relation to a user-pays ($1,000) fast-track premium processing for Visitor Visa, by December 2016 Australia is set to extend similar trial user-pays visa fast-track service for nationals from India and the United Arab Emirates.

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Distinguished Talent Visa - Australia

The Distinguished Talent visa is designed to attract persons, who want to settle permanently in Australia and are able to demonstrate they have an internationally recognised, record of exceptional and outstanding achievement in a profession, the arts, sport or research and academia.

All Distinguished Talent visa applications must be lodged in Australia. If you are currently in Australia, then you can only apply for a Distinguished Talent visa if you hold a qualifying visa when you apply.

To be eligible for a Distinguished Talent visa you must be able to demonstrate that you:

• have an internationally recognised record of exceptional and outstanding achievement in the arts, sport, or research and academia;
• are still prominent in that profession;
• will be an asset to the Australian community (e.g. you must be able to demonstrate how your settlement in Australia could contribute economically, socially or culturally to the nation as a whole - not just a local community);
• will have no difficulty in obtaining employment or in becoming established independently in Australia in a profession, the arts, sport, or research and academia, and

be nominated by an:

• Australian citizen; or
• Australian permanent resident; or
• eligible New Zealand citizen; or
• Australian organisation.

The person or organisation nominating you must have a national reputation in your field of expertise.

You must also meet the mandatory health and character requirements.

If you are aged under 18 or over 55 years of age, then you must also:

• provide evidence that you are financially independent; and
• show that you are likely to be of exceptional benefit to the Australian community.

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Sports Visa (subclass 421) - Australia

The Australian Sports Visa allows any professional or amateur sportsperson, judge or adjudicator who wants to visit Australia to participate in their field of sport.

Designed for sportspeople who are looking to improve the quality of sport in Australia, the Sports Visa allows sportspeople to compete in a specific event or series of events.

The Australian Sports Visa allows you to:

• take part in competition or training in Australia at a high-level
• compete against residents in Australia
• exit and re-enter Australia for a multiple number of times (while the visa is valid)
• stay in Australia and work in the nominated position (max. stay two years)
• undertake activities in Australia in the nominated position (max. stay two years)

You can also include the following people in your visa application:

• your partner
• dependent relatives
• dependent children
• your partner’s dependent children

You may bring any eligible secondary applicants with you to Australia but all secondary applicants will need a separate visa application.

Short duration events

If you are competing as an amateur and playing for a club (usually 3 games), a Short Stay Business Visa  may be suitable. This visa is also suitable for judging or adjudicating a single event or match.

General requirements:

In order to be issued with a Sports Visa, you must meet a number of requirements.

You must be sponsored by:

• an Australian organization that promotes sport/sport events; or
• an Australian government agency or a foreign government agency

The validity period of the sponsorship is 3 years.

Nevett Ford Lawyers Melbourne can assist with the Sports visa application and regulatory requirements.  Please contact us for more information.

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Medical Treatment Visa - Australia

Australia is renowned for its high level medical treatment.  Australia has many well equipped and modern hospital facilities including highly qualified medical specialists and practitioners covering a wide range of medical services. 

You may wish to consider Australia to assist with the medical treatment of your family member.  There is an Australian Medical Treatment visa available if certain criteria can be met.

What does the Medical Treatment Visa allow me to do?

If you apply and obtain a Medical Treatment Visa, then the patient (including her / his eligible family members) can travel to Australia and seek out the required medical treatment.

The visa can be granted for up to 12 months depending on the length of treatment required (if you apply for the visa whilst in Australia).  If you apply for the visa while you are outside of Australia, the visa will usually only be valid for a maximum period of 3 months.

The visa permits the patient to undergo medical treatment and attend consultations and to donate or receive an organ.

Part of the application documentation requires the patient (and family members) to demonstrate their financial capacity to support themselves for their proposed stay in Australia because the patient is unable to utilise financial benefits provided to Australian citizens and permanent residents which are by the Australian government.

If you are already in Australia with a valid visa that includes a 'No further stay condition' you will not be able to apply for the Medical Treatment Visa while you are in Australia unless a waiver is sought and obtained.

Children may also receive medical treatment in Australia if the consent of the parent/s is obtained.

Nevett Ford Lawyers Melbourne can assist you with the Medical Treatment Visa as well as all other Australian visa types.  Please contact us for further information, advice and assistance.

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Australian Visa Update: Engineers Australia and skills assessments

For a number of visa applications it is necessary to obtain a 'skills assessment' from Engineers Australia.

For Australian qualied students with Advanced Diplomas this usually meant a full 'CDR report' as most Australian Advanced Diplomas were not on the Accredited qualications list which was regularly updated.

However, since the signing of the “Dublin Accord” all Advanced Diplomas that are recognised by the Australian government are also accredited.

Please contact Nevett Ford Lawyers Melbourne for visa assistance.

(Source: Engineers Australia)

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Australian Visa Update: Revised South Australian State Nominated (July 2016)

Immigration SA will publish a revised State Nominated Occupation List (SNOL) on 4 July 2016 (any time from 12pm), after which new applications can be submitted.　Please note that some occupations will have revised English and work experience requirements.

Subclass 190 / 489 visa application system closingtemporarily

The application system will be closed at 9am on 30 June 2016. Applications that have not been submitted and paid by this time (including saved applications) will be deleted.

ICT occupations – offshore applicants

Immigration SA will require ffshore applicants for ICT occupations that appear on the SNOL to have a minimum of 70 points (including state nomination points) on the Department of Immigration and Border Protection (DIBP) "points test". This will apply to any occupation involving a skills assessment from the Australian Computer Society (ACS).

Subclass 489 provisional visa

A small number of occupations appearing on the SNOL and Supplementary Skilled List will only be available for a 489 provisional visa. Applicants should ensure that they are aware of the work and residency requirements of this visa before applying.

Please contact Nevett Ford Lawyers Melbourne for visa assistance.

(Source: South Australian government)

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Closed Occupations on the WA state Skilled Occupation List (SOL)

The following occupations on the Western Australian skilled migration occupation list are now closed:

• ANZSCO 233213 Quantity surveyor

• ANZSCO 234411 Geologist.

If your occupation is closed, you will not receive an invitation to apply for State nomination. If you have already received an invitation, your application will not be a-ected. See the Western Australian skilled migration  occupation list page for all available occupations.

Note that the WA government have also announced that they will not be making any changes to their sponsorship criteria for 489 and 190 state sponsored visas for the 2016/17 program year. Therefore, work experience etc is still required.

(Source: WA State Government)

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Use of Labour Agreements – 457 Visas

Standard 457 applications involve the sponsoring employer nominating an occupation contained on a list known as the Consolidated Skills Occupation List (CSOL).


It sometimes occurs that a sponsor wishes to nominate an occupation which is not listed on the CSOL, in which case the standard 457 programme is not appropriate.


In situations such as this, the business may wish to give consideration to applying for 457 visas under what is known as a Labour Agreement. These agreements can be utilised in respect of skilled and semi skilled positions if it can be shown that there is a clear lack of available employees in the local labour market. For example, many abattoirs bring meat workers into Australia under Labour Agreements as there is a big shortage of people with the necessary skills to properly bone and slice meat.


The starting point in applying for approval of a Labour Agreement is to be able to demonstrate that there is a skills shortage in the relevant industry. It is also necessary to show what efforts have been taken to obtain suitably qualified persons and what training programs the employer has in place should such persons be found. It is also often necessary to enlist the support of peak body groups or unions where appropriate.


In the past there has been some reluctance on the part of employers to seek to enter into Labour Agreements – probably largely due to the perception that negotiating with a government department is a difficult thing to do. While there may be some truth in that, the department does make it clear that it is open to consider applications, and usually a well-documented case can be finalised within 80 days and even sooner, if urgent.


Nevett Ford lawyers has experience with preparation of labour agreements and would be happy to assist employers who may wish to investigate this option.

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457 Visa - Sponsor Training Requirements

As a Subclass 457 Employer Sponsor, the business must meet prescribed training benchmarks. 


The Migration Regulations require that the business must provide clear evidence that there has been, and continues to be, adequate provision for business related training for existing employees (Australian citizens and Australian permanent residents).  This training requirement must be met for at least three (3) years from the date of sponsorship approval, depending on the term of your sponsorship approval (and on the basis that the business continues to employ a subclass 457 visa holder). This policy reflects the government’s intention to ensure that the employment of skilled overseas workers will not prejudice any commitment and investment by the business in providing adequate training to employees who are Australian citizen or permanent residents.

 

TRAINING BENCHMARK REQUIREMENTS

Employers wishing to sponsor under the subclass 457 visa program must demonstrate their contribution and commitment to the training of employees who are Australian citizens and Australian permanent residents is related to the purpose of the business.

 

If your Business Has Been Trading For 12 Months or More

The Sponsor must provide evidence of meeting one of the following training benchmarks:

Ø  Training expenditure to the level of 1% of its payroll of Australian employees for the most recent financial year, OR failing to meet this requirement

Ø  Pay 2% of the payroll to an industry training fund,

 

and a commitment, by the business, to maintain expenditure in each fiscal year, to that level, for at least three (3) years, depending on the term of approval of your business sponsorship.

 

HOW THE BUSINESS CAN PROVIDE EVIDENCE

Expenditure that can count towards this benchmark relating to employees who are Australian citizens and Australian permanent residents includes:

 

Ø  Receipts for a formal course of study for employees or for TAFE or University students attending training in the workplace, as part of the organisational training strategy

Ø  Funding a scholarship in a formal course of study approved under the Australian Qualifications Framework or, for TAFE or University students, as part of the organisational training strategy

Ø  Employment of apprentices, trainees or recent graduates on an ongoing basis in numbers proportionate to the size of the business (please provide a copy of Apprenticeship Agreement)

Ø  Employment of a person who trains the business’ Australian employees who are Australian citizens and Australian permanent residents as a key part of their job (please provide evidence of Trainer’s qualifications)

Ø  Evidence of payment of external providers to deliver training for Australian employees

Ø  On-the-job training that is structured with a timeframe and clearly identified increase in the skills at each stage, and demonstrating:

v  the learning outcomes of the employee at each stage;

v  how the progress of the employee will be monitored and assessed;

v  how the program will provide additional and enhanced skills;

v  the use of qualified trainers to develop the program and set assessments; and

v  the number of people participating and their skill/occupation.

Nevett Ford Lawyers Melbourne can provide advice and assistance with all visa types, including the Subclass 457 visa.

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Visitors to Australia Covered by Reciprocal Health Care Agreements

Australia has Reciprocal Health Care Agreements with nine countries - Ireland, Italy, Finland, Malta, the Netherlands, New Zealand, Norway, Sweden and the United Kingdom. Under these Agreements, residents of these countries have restricted access to Medicare while visiting Australia.

 

These Agreements give visitors from these countries access to Medicare and the Pharmaceutical Benefits Scheme for the treatment of an illness or injury which occurs during their stay, and which requires treatment before returning home (that is, these Agreements cover immediately necessary medical treatment). The Agreements do not allow for visitors to access Medicare or the Pharmaceutical Benefits Scheme where the treatment is not immediately necessary. Prearranged and elective treatment is not covered.

 

In Australia there are both public and private hospital services. The Agreements provide for free accommodation and treatment as public hospital services, but do not cover treatment as a private patient in any kind of hospital. People who choose to be treated as a private patient, either in a private or public hospital, will be responsible for all of their health costs, including doctors' fees.

 

Eligible visitors who are admitted as public patients during their visit to Australia should tell hospital staff that they wish to be treated as a Medicare public patient under a Reciprocal Health Care Agreement. They may be required to produce evidence of their eligibility. Visitors can phone 132 011 (local call cost if calling from within Australia) or visit a Medicare office to confirm what documentation they will need to provide. Medicare office locations are available from the Medicare Australia web site. 

 

Each of the Agreements provides access to affordable medicines under the Pharmaceutical Benefits Scheme. Eligible persons are asked to produce evidence of their eligibility when presenting prescriptions at community pharmacies. Further information on this requirement can be obtained by telephoning the Pharmaceutical Benefits Scheme Information Line on 1800 020 613. Only medicines prescribed for immediately necessary treatment are covered.

 

Each Agreement is different from the others:

 

The Agreements with Finland, Italy, Malta, the Netherlands, Norway, Sweden and the United Kingdom provide free care as a public patient in public hospitals, subsidised out-of-hospital medical treatment under Medicare, and subsidised medicines under the Pharmaceutical Benefits Scheme.

 

The Agreement with New Zealand and the Agreement with Ireland provide free care as a public patient in public hospitals and subsidised medicines under the Pharmaceutical Benefits Scheme, but do not cover out-of-hospital medical treatment.

 

Visitors from Finland, Ireland, the Netherlands, New Zealand, Norway, Sweden and the United Kingdom are covered for the duration of their stay in Australia, while visitors from Italy and Malta are covered for a period of six months only.

What is covered:

 

The agreements are intended to cover treatment of any immediately necessary nature which arises during a stay in Australia and which requires treatment before returning home. The agreements do not cover pre-arranged or elective treatment, or treatment for which there is no immediate medical necessity. Those people entering the country for the specific purpose of receiving treatment are excluded under the agreements.

 

All agreements except for those with New Zealand and the Republic of Ireland cover residents of those countries for:

 

·         Free treatment as a public hospital inpatient or outpatient

·         Medicare benefits for out of hospital treatment (ie: provided by doctors operating in private practice)

·         Subsidised pharmaceuticals under the Pharmaceutical Benefits Scheme.

Visitors from New Zealand and the Republic of Ireland are only covered for:

·         Free treatment as a public hospital inpatient or outpatient

·         Subsidised pharmaceuticals under the Pharmaceutical Benefits Scheme.

“Immediately necessary care” is more than just emergency treatment and may include:

·         Routine primary care

·         Subsequent investigation (eg: referrals to pathology, diagnostic or specialist services)

·         Pre-existing conditions (any necessary monitoring or treatment)

·         Psychiatric care where medically necessary (eg: to stabilize the patient’s condition to enable the journey home)

The longer a visitor stays in Australia, the greater the range of services that are likely to be immediately necessary and that should be made available (i.e. they will be treated more like Australian residents). Where there is doubt over individual services, patients should seek a note from the doctor indicating the medical necessity for the proposed service. Where required individual cases should be judged on merit.

 

The Agreements do not cover all health services. Some services not covered under the agreements are:

 

·         Ambulance cover

·         Dental care

·         Medical evacuation to your home country

·         Funerals

·         Treatment in private hospitals, or as a private patient in a public hospital

·         Treatment that is not immediately necessary

·         Elective treatment

·         Treatment that has been pre-arranged before arrival in Australia  

For this reason it is highly recommended that all visitors to Australia from Reciprocal Health Care Agreement countries buy health or travel insurance designed for overseas visitors.

If you are staying temporarily in Australia for an extended period and will be covered by an Agreement, you may be able to enrol in Medicare by visiting a Medicare office with your passport. If you are from Italy or the Netherlands, you will also need to show proof that you are enrolled in your home country's health system. You can telephone 132 011 (local call cost if calling from within Australia) or visit a Medicare office to confirm what documentation you will need to provide. Medicare office locations are available from the Medicare Australia website (Once on the Medicare Australia website a list of office locations can be accessed by clicking on 'Public', then 'Medicare', then 'Office Locations').

  

Health Insurance for Visitors from Overseas

 

People without access to Medicare are responsible for all health costs incurred in Australia. For this reason it is highly recommended that all overseas visitors to Australia (including visitors from Reciprocal Health Care Agreement countries who have only restricted Medicare access) arrange suitable insurance cover. Domestic private health insurance for Australian residents, as provided by the organisations registered under Australian health law, is not suitable for visitors to Australia because this insurance is a supplement to Medicare and will therefore not adequately cover the costs of a person who is not eligible for Medicare.

 

Private health insurance for overseas visitors in Australia is available from Australian registered health organisations, insurance brokers and general insurers.

 

Please contact Nevett Ford Lawyers Melbourne if you require any further information in relation to this issue, or if you require specific legal advice regarding any aspect of the Reciprocal Health Care arrangements.

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SUBCLASS 457 VISA LAWYERS

Australian businesses often need to recruit overseas workers to meet their business requirements and ‘human capital’ needs.  Nevett Ford Lawyers provides tailored solutions in relation to all business sponsorship arrangements.

 

Our immigration law and visa services include:

 

• Advice on business sponsorship obligations and undertakings
• Obtaining business sponsorship arrangements for your business
• Sponsorship compliance advice, including sponsorship monitoring, audits and business site visits by the Department of Immigration & Border Protection (DIBP)
• Advice and assistance on negotiating approval under the Labour Agreement arrangements
• Assistance and advice on work rights, verification of work rights, risk management, human resources and recruitment protocols
• Advice in relation to sponsorship obligations, sanctions and penalties
• Assistance and advice with skills assessment requirements, including recognition of overseas qualifications and registration requirements

 

VISA SERVICES

 

Nevett Ford Lawyers can assist in all aspects of business sponsorship, including:-

 

• Sponsorship by Australian business
• Sponsorship by overseas business
• Labour Agreements
• Regional sponsored migration scheme
• Employer nomination scheme.

 

MIGRATION LAW SPECIALITY

 

Nevett Ford Lawyers is a general practice law firm and the migration team is headed by an accredited immigration law specialist.  In addition to tailored migration law and visa services, Nevett Ford Lawyers is supported by our employment, commercial and corporate legal teams.  This enables us to provide businesses with end-to-end legal advice and assistance.  Our migration law team currently provide advice and assistance to domestic and multinational corporations in the following sectors:

 

• Engineering
• Mining
• Manufacturing
• Information Technology (IT)
• Recruitment
• Health & medical, including nursing
• Construction
• Retail
• Tourism
• Education
• Aviation
• Hospitality
• Agriculture

 

Nevett Ford Lawyers can assist your business to ensure compliance with the complex migration law and policy requirements.

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Global Mobility Services - Nevett Ford Lawyers Melbourne

Nevett Ford Lawyers provides a global immigration mobility service through a network of international immigration partner service providers. These service providers are based overseas and are experts in the immigration requirements of their country. This network allows us to provide global coverage through the use of local experts for our clients needing to deploy staff to locations outside of Australia.

Our existing network covers locations including: New Zealand, United Kingdom, Israel, Singapore, China, Japan, Italy, Indonesia, Malaysia, Fiji, Papua New Guinea and others.

Nevett Ford Lawyers can manage your global mobility requirements utilising our established network of trusted advisors.

Our international partners are experts regarding the local immigration laws, visa requirements and work rights obligations. We have carefully selected our trusted partners and we can pass on the benefits of our established relationships to our client base and coordinate the service for you.

We offer a single point of contact for our clients through our Melbourne CBD office.

Nevett Ford Lawyers also has an attorney providing visa advice and services for the United States of America.

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Changes introduced to the 457 visa

Non–discriminatory recruitment practices


The migration regulations have been amended so that sponsors must declare that they will not engage in discriminatory recruitment practices and also comply with a new obligation not to engage in discriminatory recruitment practices. According to the Department of Immigration “The new obligation seeks to address a community concern that some employers may be relying on the 457 visa programme to employ foreign workers without having regard to the availability of local labour.”


Sponsors should keep a record to demonstrate how subclass 457 visa holders were recruited and that this process did not discriminate based on citizenship or visa status.


Simplification of English Language Exemptions

Subclass 457 visa applicants will be exempt from the English language testing requirements if they have already met the same (or better) English language requirements to gain an occupational license or registration. Where registration and licencing authorities impose and assess English language requirements there is now no requirement for the Department to require the same or equivalent evidence via specified test results.

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New Skilled Occupation List (SOL) released for 2016 / 17

The Department of Immigration & Border Protection (DIBP) has announced the New Skilled Occupation List (SOL) for subclass 485, 189 and 489 (family sponsored) visa applications. 

They have also released the Consolidated Sponsored Occupation List (CSOL) which is used for subclass 457, 186 and 190 applications.

The following occupations have been removed from the SOL - Petroleum and Mining Engineer, Metallurgist, Mining Engineer, Dental Hygienist, Dental Prosthetist, Dental Technician, Dental Therapist, Environmental Health Officer, Occupation Health and Safety Advisor. 

The occupations of Orthotist or Prosthetist and Audiologist have been added to the SOL.

There have not been any exclusions from the combined lists that make up the COSL and so no changes to the subclass 457 and 186 eligibilities.

The skilled list that will be used from RSMS / 187 (direct entry) applications from 1 July 2016 has not yet been released.

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ICT occupations – offshore applicants (Immigration South Australia)

From 4 July 2016, Immigration South Australia  (SA) will require offshore applicants for ICT occupations that appear on the Skilled Nominated Occupation List (SNOL) to have a minimum of 70 points (including state nomination points) on the Department of Immigration and Border Protection 'points test'. This will apply to any occupation involving a skills assessment from the Australian Computer Society (ACS).

The 70 point requirement will be reviewed during July/August and the requirement may be reduced to 65 points and then 60 points depending on the number of applications received. Immigration SA will provide notice of seven (7) calendar days advising of any changes to the points required.

ICT occupations – working in South Australia / South Australian graduate
The 70 points requirement does not apply if you are:

• currently working in a skilled occupation in South Australia; or
• if you are applying under the international graduate of South Australia category.

In these cases, a minimum of 60 points is required (including state nomination points). 

489 provisional visa
A small number of occupations appearing on the State Nominated Occupation List and Supplementary Skilled List will only be available for a 489 provisional visa. This will be displayed against the occupation on the relevant list from 4 July 2016. Applicants should ensure that they are aware of the work and residency requirements of this visa. 





Nevett Ford Lawyers can assist with all Australian visa applications.

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