Employment Workplace Relations

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

Thursday, 25 May 2017

New Permanent Residence Pathway for New Zealand Citizens from 1 July 2017

Residence Requirement The new pathway is only available to NZ citizens who started living in Australia on or before 19 February 2016. You will need to show that you were usually resident at this time. If you were in Australia for a short visit for a holiday or business would not suffice. On the other hand, if you were temporarily outside Australia on 19 February but were usually resident before this, you may well be eligible. You will need to show that you have been usually resident in Australia for a continuous period of at least 5 years...

Upcoming Partner Visa Changes: Separate Sponsor Application, 3-Year Provisional Partner Visa

The Department of Immigration & Border Protection (DIBP) has indicated that upcoming changes to the partner visa program will include requiring sponsors to lodge and be approved for sponsorship before their partners can lodge a partner visa application and increasing the time required on provisional partner visas from 2 years to 3 years. It is expected that the sponsor application will attract an additional application fee. The changes to the partner visa program have not been formally announced and no date has been given for implementation...

Age Limit for 189 Visa Points Tested Stream Lowered to 45 Years

Recent legislation has lowered the age limit at the time of invitation for subclass 189 points tested independent skilled visas to 45 years, requiring an applicant to be under 45 years of age at the time of invitation in order to make a valid application for this visa under the points tested stream. Transitional arrangements in the legislation still allow for a person over 45 but below 50 to respond to an invitation if the invitation has already been issued by DIBP, however it is anticipated that with the passage of the new legislation,...

Thursday, 11 May 2017

Budget Impact on Migration Program

Listed below is a summary of some of the budget announcements which will have an effect on immigration related issues: Annual intake; there is to be no change to the migration program numbers which will remain at 190,000 places for the 2017/18 year, Temporary employment visas; as announced prior to the budget there have been significant changes to the 457 scheme; several hundred occupations are no longer eligible for temporary work purposes, the 457 Visa will soon be abolished and replaced by a new visa to be known as the dual stream Temporary...

New training levy for TSS and ENS programs from March 2018

From March 2018, employers wishing to sponsor foreign workers on the TSS and ENS/RSMS programs will be required to pay a training levy which will go towards the Skilling Australians Fund which will fund training of Australians in apprenticeship and trainee programs. The payment for TSS visa holders will apply on an annual basis per employee. For ENS/RSMS applicants it will be a one-off payment likely to be collected on application. The amount of the new training levy will depend on the size of the business, to be determined on the annual...

Tuesday, 9 May 2017

Changes to Employer Nominated Permanent Residence (subclass 186 visa)

In addition to the 457 changes recently and unexpectedly announced by Prime Minister Malcolm Turnbull, the Permanent Employer Sponsored Skilled Migration Program will also undergo a number of changes. The 457 visa has historically been a pathway to Australian Permanent Residence under this program. From 19 April 2017 Applicants under the Direct Entry Stream will only be eligible to apply if their nominated occupation is on the MLTSSL or STSOL Applicants under the Temporary Residence Transition Stream can still apply as usual (even if their...