Employment Workplace Relations

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

Thursday, 27 October 2016

Migration Legislation Amendment on Partner visa sponsorship

Previously when lodging for a prospective marriage or partner visa, character checks only applied to the visa applicant and not to the Australian citizen or permanent resident sponsor. There has been an amendment to the legislation which took effect from 1 September 2016 which now provides that applicants for a Prospective Marriage (Temporary) (Class TO) visa, a Partner (Provisional) (Class UF) visa and a Partner (Temporary) (Class UK) visa can be requested to:   provide the Minister for Immigration and Border Protection (the Minister)...

Monday, 24 October 2016

U.S. Diversity Lottery (“Green Card” Lottery) Applications for 2018 Close on November 7, 2016

Want to make a permanent move to the United States and don’t know how? Apply for the Diversity Lottery (“Green Card” Lottery) now for your chance to make your U.S. dream come true! The U.S. Government grants 50,000 permanent resident cards each fiscal year in this lottery.  Be aware that there are numerous Diversity Lottery websites set up by third party providers.  While they may offer legitimate services in connection to a Diversity Lottery application, if you use the official government website for your application, there is...

Training Benchmark for Subclass 457 Sponsorship

Training Benchmark for Subclass 457 Sponsorship Employers looking to sponsor an employee under the subclass 457 visa programme are required to meet a range of criteria prior to gaining approval as a Standard Business Sponsor. A requirement that is commonly questioned is the ‘training benchmarks’ that sponsors must be able to meet. In this article Ethos Migration will outline and explain the two training benchmarks that are available for employers to meet prior to being able to sponsor an employee under the 457 visa programme. Training...

Visa Refusals, Visa Cancellations & Visa Appeals

Visa Refusals If you have had your visa refused, there may be options available to you.  Depending on your circumstances, Nevett Ford Lawyers may be able to assist in finding you a solution to your previous visa refusal.   Visa Cancellations If you have been issued with a Notice of Intention to Cancel (NOIC) by the Department of Immigration there may be options available to you.  Nevett Ford lawyers will assess your individual circumstances based on its merits and advise you of the options that may be available to you.   Visa...

Wednesday, 19 October 2016

Subclass 187 Regional Sponsored Migration Scheme visa

The 187 regional Sponsored Migration Scheme visa is designed for skilled workers who wish to work in a regional area in Australia. The RSMS helps businesses in regional, remote or low population growth areas, outside the major metropolitan centres to recruit skilled workers to fill positions that are unable to be filled from the local labour market. This is a permanent residence visa. You can only apply for the 187 RSMS visa if your nominated position is located in regional Australia. Your sponsoring employer must also be actively and lawfully...

Skills Assessments - Australian visas

Skills Assessment Having your skills assessed is a requirement for skilled migration to Australia under points tested, employer nomination, graduate migrant and temporary graduate visas. You must provide a positive skills assessment at the time of invitation and lodgement that is relevant to your nominated occupation. Skills assessments can be confusing and complicated as there are different assessing authorities for different occupations. Currently there are 3 types of skills assessments. Full Skills Assessment; 485 Skills Assessment,...

Tuesday, 18 October 2016

Entrepreneur visa

Submitting an EOI The first step towards applying for an Entrepreneur visa is lodging an Expression of Interest (EOI) in SkillSelect.   To lodge an EOI, you will need to have a funding agreement in place or in negotiation with an approved funding body to develop an innovative venture in Australia. The agreement must be for a minimum of $200,000. You will also need to have a business plan that explains how you will develop your innovative venture in Australia.   If you demonstrate a record of successful entrepreneurial...

Thursday, 13 October 2016

Business visa seminar for Latrobe University

On 14 September 2016, Nevett Ford Lawyers Melbourne held another successful business visa seminar for Latrobe University trainees. The seminar was presented by Ms. Helen Zheng (Senior Lawyer).  This seminar follows several other business visa seminars presented by Ms Zheng to potential clients.     The seminar attendees were from top financial institutes in Shanghai.   During the seminar Ms Zheng introduced and explained all types of migration visas including:- Business Migration General...

Australia to commence consultations for the new 5-year temporary Parent Visa

The Australian Government has announced that community consultations are about to commence to develop a continuous 5-year temporary visa for parents of Australian citizens or permanent residents. The visa, which the Coalition had promised during the election campaign in June, is set to take effect on July 1, 2017. At present parents of Australian citizens or permanent residents can apply for a 5-year visitor visa but can only spend up to 12 months in the country in any 18-month period and the visa is offered on a case-by-case basis...

Tuesday, 11 October 2016

High Court says no exemptions – offshore vessel workers must hold a 457 or 400 visa

The High Court have made a unanimous decision against a ministerial determination, which would have allowed offshore vessel workers to work without an Australian skilled work visa because their work was deemed not to be in the Australian migration zone. Under the determination made by previous Assistant Immigration Minister, Michaelia Cash, offshore vessel workers carrying out highly specialised, short term work would have been able to use a 'Maritime Work Visa' instead of a 400 or 457 visa. The Maritime Union of Australia (MUA) and the Australian...

‘Backpacker tax’ reduced to 19%

The Government has announced its decision to lower the amount of tax charged to working holiday visa holders, known as the ‘backpacker’s tax’, from 32.5 per cent to 19 per cent. The Government Visa Application Charge (VAC) for working holiday visas was also reduced, bringing the cost down from $440 to $390. Changes to the working holiday scheme will also provide greater flexibility for employers. Employers who have premises in different regions will be able to employ a working holiday visa holder for 12 months, with the worker able to...

Tuesday, 4 October 2016

Temporary Activity Visa Framework - Update

A new Temporary Activity Visa Framework will commence on 19 November 2016.  Australian Immigration says that the the framework is designed to reduce red tape by removing sponsorship and nomination requirements for specific short stay activities.  The new framework will integrate the existing seven temporary activity visa classes into four visas: Subclass 400 Temporary Work (Short Stay Specialist)  Subclass 403 Temporary Work (International Relations) Subclass 407 Training  Subclass 408 Temporary ...