Employment Workplace Relations
Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.
Corporate and Business Law
The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.
Dispute Resolution ( Litigation)
Nevett Ford has wide experience in all manner of litigation.
Mediation
Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.
Property Law
Nevett Ford has been conveying Victorian property for more than 150 years.
Thursday, 7 September 2017
Australia may introduce ‘mandatory’ provisional visas before permanent residency
Thursday, 25 May 2017
Upcoming Partner Visa Changes: Separate Sponsor Application, 3-Year Provisional Partner Visa
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
Monday, 24 October 2016
Visa Refusals, Visa Cancellations & Visa Appeals
Tuesday, 11 October 2016
High Court says no exemptions – offshore vessel workers must hold a 457 or 400 visa
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
- 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.
- 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).
Monday, 2 May 2016
Australian visas - Biometrics collection starts in Fiji and Thailand
Wednesday, 30 March 2016
Class of persons defined as "fast track applicants"
- 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.
- 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.
- 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.
Monday, 28 March 2016
Are you a skilled worker interested in migrating to Australia? – visit SkillSelect today
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
- 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;
Tuesday, 21 July 2015
Age exemption for eligible medical practitioners in regional Australia
Tuesday, 14 July 2015
Ministers of Religion - Labour agreements (Australian visa changes)
- 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.
Wednesday, 27 May 2015
Employer Penalties - employing a non-citizen who is not allowed to work in Australia
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
- Providing assistance with the development of internal immigration policies.
- Evaluating compliance issues.
- Assessing the immigration impact of a merger or acquisition.
- Developing immigration solutions.
- 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)


