Business and Investment migration visa changes announced

Changes have been announced to the Business Innovation and Investment Programme (BIIP).  

The Premium Investor Visa (PIV)

The PIV will be available from 1 July 2015, with Austrade the sole nominator for this visa.

Significant Investor Visas (SIV)

The Complying Investment Framework was announced on 15 May 2015. Under these arrangements the following investments are required:

• At least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. The Government expects to increase this to $1 million for new applications within two years as the market responds;
• At least $1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); and
• A ‘balancing investment’ of up to $3 million in managed fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible corporate bonds or notes, annuities and real property (subject to the 10 per cent limit on residential real estate). 

Flexible residency arrangements for SIV

From 1 July 2015, eligibility for the permanent SIV will require either the primary applicant to reside in Australia for 40 days per year OR the secondary applicant (spouse or de facto partner) to reside in Australia for 180 days per year.

This residency requirement will be per year and will be calculated cumulatively over the period of the provisional visa. For example, 160 days over four years for a primary applicant or 720 days over four years for the secondary applicant (spouse or de facto partner).

Austrade nominator from 1 July 2015 for SIV and PIV

Austrade will become an eligible nominator for the SIV from 1 July 2015,  in addition to State and Territory governments.Austrade will also be the sole nominator for the PIV.

Investor and Business Innovation stream changes

Changes have been announced for the Investor and Business Innovation stream visas only :

• Role swapping has been reintroduced, allowing a secondary applicant to apply to fulfil the primary criteria for the permanent visa on behalf of the primary applicant
• Pass mark for the points test has been reduced from 65 to 50 points. 

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Migration Review Tribunal (MRT) Update

From 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal (MRT- RRT) and Social Securities Appeals Tribunal (SSAT) will amalgamate with the Administrative Appeals Tribunal (AAT) and the MRT-RRT will become the Migration and Refugee Division of the AAT.

 

Very little change should be expected in the way the tribunal operates, however, fees payable when lodging an application for review of all visa refusals and cancellations, except protection visas, will increase to $1,673.

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Simplified international student visa framework (SSVF)

A simplified international student visa framework (SSVF) has been announced jointly today by the Assistant Minister for Immigration and Border Protection Senator Cash and the Minister for Education and Training Senator Pyne. The new system will come into place after June 2016.

The SSVF will replace both the Streamlined Visa Processing (SVP) arrangements and the current Assessment Level Framework and will apply to all international students.

It will lay out a student’s financial and English language evidentiary requirements based on two things: the immigration profile of the student’s country of citizenship and of their education provider.

The Department states that the improved approach to the administration of student visas as part of the SSVF will have clear benefits. The Department has further stated that the overall integrity of the student visa programme will be maintained, and the improved regulatory arrangements will avoid placing unnecessary burden or cost on education providers.

A working group with international education sector stakeholders is being formed to guide implementation of the new framework on the expiry of SVP arrangements on 30 June 2016.

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Delays Continue for U.S. Passport and Visas issued Abroad

If you are experiencing delays in getting a new US Passport or Visa this issue is worldwide, read the update below.  The State Department has not given a timeline on when the problem may be fixed.

http://travel.state.gov/content/travel/english/news/technological-systems-issue.html

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Entertainment Visa (Subclass 420) - Australia

Entertainment visa (Subclass 420)

The Temporary Work (Entertainment) (Subclass 420) visa allows you to come to Australia to work in film, television (including documentaries and commercials) or live productions in either a performance or behind-the scenes role, such as, directors, producers or other production personnel.

The Temporary Work (Entertainment) (Subclass 420) visa allow for the inclusion of television or film crew, including actors, production and support staff and still-photographers, who are involved in the production of documentary programs or commercials exclusively for use outside Australia.

Journalists, correspondents or reporters representing overseas news organisations will instead need to apply for the Temporary Work (Skilled) (Subclass 457) visa.

Journalists who are covering a story or television /film crew who are involved in the production of documentary programs or commercials exclusively for use outside for a stay period of less than 6 weeks can apply for Temporary Work (Short Stay Activity) (Subclass 400) visa.

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Changes to filing and other fees in the Federal Court from 1 July 2015

As a result of amendments to the Federal Court and Federal Circuit Court Regulation 2012 made by the Federal Courts Legislation Amendment (Fees) Regulation 2015 some significant changes to filing and other fees in the Federal Court will take effect from 1 July 2015.


Almost all fees have increased by 10% but, other than for some bankruptcy fees, fee categories have been restructured to remove the higher fee tier for publicly listed companies and to reduce fees for public authorities from the corporations rate to that for "in any other case".
 
An additional exemption has been included so that no fee will in future be payable on filing of an application under section 23 of the International Arbitration Act 1974 to issue a subpoena requiring attendance before or production of documents to an arbitral tribunal or both. If an order for the issue of such a subpoena is made the normal fee for issue of that subpoena will still be payable. Otherwise no changes have been made to any of the existing exemptions.


The new filing fees will apply to all documents filed on or after 1 July 2015. The new setting-down, hearing and mediation fees will, however, only apply to hearings and mediations fixed on or after that date. Hearings and mediations which have already been or are fixed up to and including 30 June 2015 will pay the current rates for setting-down, hearing and mediation fees even if the hearing or mediation does not take place until on or after 1 July 2015.

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The Migration Review Tribunal (MRT) - Refugee Review Tribunal (RRT) is amalgamating with the Administrative Appeals Tribunal (AAT) on 1 July 2015

On 1 July 2015, the Migration Review Tribunal (MRT) - Refugee Review Tribunal (RRT), along with the Social Security Appeals Tribunal, will be amalgamating with the Administrative Appeals Tribunal (AAT).


It will become known as the Migration and Refugee Division of the AAT.

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