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Showing posts with label migration lawyer. Show all posts
Showing posts with label migration lawyer. Show all posts

Thursday, 7 September 2017

Australia may introduce ‘mandatory’ provisional visas before permanent residency

Migrants coming to Australia may have to spend a certain period of time on mandatory provisional visas before they are granted a permanent residency. The Immigration Department is exploring this possibility in a visa transformation discussion paper by inviting submissions from the public.
 
The number of persons in Australia applying for permanent residence has grown substantially over the last two decades. In 2015-16, around half of all permanent visas were granted to people already in Australia on a temporary visa.  This means that temporary residence is increasingly becoming the first step to living in Australia permanently.
 
It has also been argued that it’s in the national interest to facilitate a pathway to permanent residence for the “best and the brightest” international students and “skilled workers” and that some permanent visas include mandatory provisional visa stages.
 
However, under most of the permanent visa categories, migrants do not have to spend any time in Australia before they are granted permanent residency, which the discussion paper says is inconsistent with “like-minded countries”, such as the UK, the Netherlands and the US that have a more formal assessment process and period for evaluating those who seek to stay permanently.”
 
Though introducing such a probationary period for permanent migrants is likely to deliver budget savings, concerns have been raised that it could create a divide in the Australian society. The proposed reforms could undermine Australia's social cohesion and potentially increase the risk factors that may lead to violent extremism by creating a two-tier society where migrants are treated substantially differently to Australian citizens.
 
Major changes being discussed include slashing the number of visa categories from 99 to about 10 and making the visa system flexible so the government can respond more quickly to local and global trends.
 
Would you like to know your eligibility for a visa or seeking permanent residence? Call our office today on +61 3 9614 7111.

Thursday, 25 May 2017

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 of the new planned changes, and it is unknown what the financial ramifications of the changes may be. DIBP indicated that they currently have approximately 88,000 partner visas pending in the onshore pipeline, and partner visa application times for first and second stage partner visa applications have increased dramatically over the last 12 months with the implementation of additional character requirements for sponsors.


Grant rates for partner visas are noted at 81% for subclass 820 (compared to 84% last year), 75% for subclass 801 (compared to 78% last year) and 92% for subclass 100. Current schedule 3 affected cases are at 650 compared to 750 last year. The top countries of citizenship for applicants are China, Philippines and Vietnam.


DIBP also noted that when Natural Justice letters are issued to applicants under section 56 of the Migration Act 1958 and an applicant makes a Freedom of Information request to get a copy of their file from DIBP, DIBP is not required to wait for the FOI request to be completed before making a decision on the partner visa. This is of concern to some applicants and agents as the time to process FOI requests has increased substantially over the last 12 months and it can now take several months for FOI requests to be processed by DIBP.

Tuesday, 24 January 2017

Work and Holiday (subclass 462) visa Arrangement with China

Work and Holiday (subclass 462) visa Arrangement with China

Starting from 21 September 2016, the Australian Government reached an agreement with People’s Republic of China to expand eligibility for the Work and Holiday visa (subclass 462) to Chinese Nationals. This enables young, educated Chinese citizens to be able to travel to Australia for work, study or holidaying purposes.

This new addition to the SC 462 Visa programme follows the recent enacted China-Australia Free Trade Agreement (ChAFTA), and is aimed at building on the growing international relationship between both countries. Australia and China are set to jointly benefit from the new changes, which are intended to encourage cultural exchange, and strengthen the connection between nations.

This is also a great platform for overseas visitors to experience living in Australia for an extended period of time (up to 12 months). The ability to work also means that visa holders can experience the Australian work culture and meet potential employers who might be willing to offer a permanent position if the visa holder impresses. The wages from work done will also allow travelers to see more of Australia during the 12 months of stay. At the moment the Australian Government has recently allocated 1,500 places in the Working and Holiday Visa program are going to be open for application, with more places to be released in further stages until the programme reaches its annual cap of 5,000 places.

In addition, the visa allows the holder to:

·         stay in Australia for 12 months from their date of first arrival;
·         work for the 12 month duration of their stay, but for no longer than six months with any one employer; and
·         study for up to four months.

General eligibility requirements for Chinese Work and Holiday visa applicants are:
·         hold a valid Chinese passport;
·         are at least 18 but have not turned 31 years of age at the time an application is lodged;
·         will not be with a dependent child while in Australia;
·         have enough money for support on a working holiday (at least AUD $5000);
·         have enough money to buy a return or onward travel ticket at the end of your stay in Australia;
·         have not previously entered Australia on a Working Holiday visa (subclass 417);
·         hold tertiary qualifications, or have successfully completed at least two years of undergraduate university study;
·         have functional English (equivalent to IELTS 4.5 or higher);
·         meet character and health requirements; and

·         are a genuine visitor.

Monday, 24 October 2016

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 Appeals
In a majority of circumstances, when the Department refuses or cancels a visa, applicants are offered the opportunity t lodge an appeal of the decision issued by the Department.
This appeal is conducted by the Administrative Appeals Tribunal (AAT) and Nevett Ford Lawyers has extensive experience in assisting clients in the appeal process.  We can prepare written submissions on your behalf in support of your case and we can appear as your representative with you at the AAT.

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 Maritime Officers Union (AMOU) took the issue to the High Court, claiming the move would provide an incentive for companies to hire overseas workers for cheaper wages and undercut safety standards and conditions.


The High Court said the Assistant Minister had exceeded her authority. By exempting vessels and structures that were not Australian resource installations from the visa regime, the determination was held to be beyond the Minister’s power and therefore invalid.


Shortly after the ruling, current Immigration Minister Peter Dutton stated, ‘Workers on fixed offshore installations are required to hold an Australian visa, but the crews on some vessels which perform highly specialised work, usually of a short term nature, were exempted from this requirement. Many of these vessels operate in international waters and never enter an Australian port.”


Workers on vessels who undertake activities or operations to support an offshore resource activities will require either a Subclass 400 or 457 visa and can no longer work use a Maritime Crew Visa.


Source: ABC Rural

Monday, 19 September 2016

Temporary Activity Visa changes - 19 November 2016


Following the Skilled Migration and Temporary Activity Review undertaken by the Department of Immigration & Border Protection (DIBP) in December 2014, it has been announced that a new Temporary Activity Visa framework will come onto effect on 19 November 2016.


In summary, there would be four visa subclasses:


  • Temporary Work (Short Stay Specialist) (subclass 400) visa;
  • Temporary Work (International Relations) (subclass 403) visa;
  • Training (subclass 407) visa; and
  • Temporary Activity (subclass 408) visa.

These four visas would come into effect following the:

  • repeal of five visas - Temporary Work (Long Stay Activity) (subclass 401); Training and Research (subclass 402); Special Program (subclass 416); Temporary Work (Entertainment) (subclass 420) and Superyacht Crew (subclass 488);
  • restructuring of two existing visas - Temporary Work (Short Stay Activity) (subclass 400) and Temporary Work (International Relations) (subclass 403); and
  • creation of two new visas - Temporary Activity (subclass 408) and Training (subclass 407).

The six existing sponsor classes (Long Stay Activity, Training and Research, Professional Development, Entertainment, Special Program and Superyacht Crew) would be replaced by a single Temporary Activities sponsor class.

Monday, 2 May 2016

Australian visas - Biometrics collection starts in Fiji and Thailand


The Department has announced on its website  the collection of biometrics will commence in Fiji on 3 May 2016 and Thailand on 4 May 2016.


Biometrics will be collected from visa applicants who are in those countries at the time of making a visa application to enter Australia, unless they are excluded or exempted from doing so under Australian Government policy.


Visa applicants in Fiji and Thailand who lodge their applications at the AVACs in these countries will be asked to provide their biometrics at the same time.


Some applicants lodging their visas online may be sent a letter informing them that they need to attend the AVAC in person to provide their biometrics. Applicants will need to contact the AVAC to make an appointment and have their biometrics collected.


Biometric data will be collected by the Australian Government's service provider TT Services through a quick, discreet and a non-intrusive process that captures a facial image and a 10-digit fingerprint scan.

Wednesday, 30 March 2016

Class of persons defined as "fast track applicants"


Legislative Instrument - F2016L00377 - IMMI 16/010 - Class of persons defined as fast track applicants. 

The Instrument will allow the Minister to lift the relevant application bars so that children born in the migration zone, their parents and siblings are able to submit applications for  Temporary Protection visa or a Safe Haven Enterprise Visas in Australia and have their application assessed under the fast track assessment process established by Schedule 4 of the Migration and Maritime Powers Legislative Amendment (Resolving the Asylum Legacy Caseload) Act 2014.


A fast track applicant is defined as:

a) A person:

  • i) who was born in the migration zone on or after 6 November 2013 and before 5 December 2014; and
  • ii) who is a child of a person who is an unauthorised maritime arrival who entered the migration zone on or after 19 July 2013 and who was taken to the Republic of Nauru under section 198AD of the Act; and
  • iii) who has made a valid application for a protection visa; and
  • iv) who is not an Australian citizen.

 

b) A person:

who is the brother or sister of a person who is included in the class of persons specified in paragraph a) of this Instrument; and

  • i) who is the parent of a person included in the class of persons specified in paragraph (a) of this Instrument; and
  • ii) who is an unauthorised maritime arrival who entered the migration zone on or after 19 July 2013 and who was taken to the Republic of Nauru under section 198AD of the Act; and
  • iii) who has made a valid application for a protection visa; 
  • iv) who is not an Australian citizen.

 

c) A person

  • i) who is the brother or sister of a person who is included in the class of persons specified in paragraph (a) of this Instrument; and
  • ii) who is an unauthorised maritime arrival; and
  • iii) who has made a valid application for a protection visa; and
  • iv) who is not an Australian citizen.

This instrument will commence after registration on the Federal Register of Legislative Instruments.

Monday, 28 March 2016

Are you a skilled worker interested in migrating to Australia? – visit SkillSelect today

Are you a skilled worker interested in migrating to Australia? SkillSelect is an online system that allows you to quickly and easily enter your details to be considered for an invitation to apply for a skilled visa.


SkillSelect identifies overseas workers with the skills that are most in need in Australia. To find out if you have a skill that Australia needs, have a look at the Skilled Occupation lists on our website. Australian State or Territory governments will use SkillSelect to identify and select skilled workers that they wish to nominate for a skilled visa.  If you are nominated by a state or territory government, this will increase your opportunity to receive an invitation.


Over 39,000 invitations for skilled visas were issued in the 2014-15 programme year. 


If you have a skill that Australia needs and you meet the visa requirements, log into SkillSelect today. You may be invited to lodge a skilled visa application sooner than you expect.


Nevett Ford Lawyers Melbourne can assist with all visa types.

Monday, 4 January 2016

Self Sponsorship for 457 Visas




Changes have been made to the Australian immigration policy document (known as the Policy Advice Manual (PAM)) for 457 nominations which means that self-sponsorship is now very difficult. The changes are in relation to the "genuine position" requirement for the nomination. As a result, the nomination would be refused on the basis that the position has been created just to facilitate a visa application.

 

Immigration has set out the following "risk factors" which could indicate the position is not genuine

  • Visa applicant is a director or owner of the sponsoring business;
  • Visa applicant is a relative or personal associate of an officer of the sponsoring business;
Immigration will wish to see an ASIC historical extract with the application - this would give information on the company owners and directors, and so assist in establishing whether the visa applicant is associated with a company officer. Sponsors must also declare who the company officers and shareholders are in the application for sponsorship approval.

The policy document specifically mentions that the application will be scrutinised if an overseas business is being used to "self-sponsor" a business owner to establish a branch in Australia. The stated reason is to prevent the 457 program from being used to 'circumvent' the Business Innovation and Investment (Subclass 188) program.
  
Based on these changes, "self-sponsorship" is not recommended. 

Tuesday, 21 July 2015

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.

Tuesday, 14 July 2015

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.

Wednesday, 27 May 2015

Employer Penalties - employing a non-citizen who is not allowed to work in Australia

Employer Penalties:

Since 2007, it has been a criminal offence to employ a non-citizen who is not allowed to work in Australia. These offences apply to employers, labor hire companies, employment agencies, and anyone who allows illegal workers to work, or refers illegal workers for work.

On 1 June 2013, new laws introduced civil penalties and infringement notices for businesses that allow illegal work. The law also broadens who can be held liable and provides new evidence gathering powers. Criminal penalties remain.

The new penalties apply where a person allows or refers:

• An unlawful non-citizen to work
• A lawful non-citizen to work in breach of a visa condition that limits or restricts work.


Maximum Penalties for Employees and Employers

Illegal Worker Warning Notice

Administrative Warning

Infringement
$3,060 fine for individuals
$15,300 fine for bodies corporate



Civil penalty
$15,300 fine for individuals

$76,500 fine for bodies corporate


Criminal offence
$20,400 fine and/or two years imprisonment for individuals
$102 000 fine for bodies corporate



Aggravated criminal offence
$51,000 fine and/or five (5) years imprisonment for individuals
$255,000 fine for bodies corporate



Note: All penalties are per illegal worker. An example of an individual would be a sole trader; a body corporate would be a company.

Corporate Visa Lawyers - 457, 186, 400 visas


Nevett Ford Lawyers Melbourne offers in-depth experience and flexible solutions to even the most complex cases to develop a customized service model. This model is highly tailored to your corporate culture and ensures that they are in compliance.

Our comprehensive consulting and compliance services include:

  • Providing assistance with the development of internal immigration policies.
  • Evaluating compliance issues.
  • Assessing the immigration impact of a merger or acquisition.
  • Developing immigration solutions.
In addition to the compliance services we offer in our end-to-end case management services, including:


  • Development of internal immigration policies,
  • Review of existing practices to protect you from inadvertent non-compliance with immigration laws,
  • Assessment of the impact of mergers and acquisitions and divestitures on overall immigration program,
  • Continuous monitoring to ensure compliance and maintenance of proper legal status dependent on the type of visa or work permit required,
  • Training and guidance to human resources departments or business units on compliance requirements, including fines and penalties that may be imposed for failure to comply, and
  • Advice on complex immigration issues and the development of customized processes involving more than one employee and/or country (such as group moves of consultants or auditors into various countries for short-term assignments)

Wednesday, 6 May 2015

Volunteer work to be abolished for second working holiday visa


As announced by Senator Cash, volunteer work is to be excluded from the eligibility framework for second Working Holiday visas.


The Department has advised that this change will take some time to implement and until this change can be bought into effect, the eligibility criteria for second Working Holiday visas remains unchanged at this time.