South Australian government increase their - High Point

Due to high demand, Immigration SA will be raising the requirement for the high point category from

80 points to 85 points. This change is to still allow an avenue for high point scoring applicants.

This policy will come into eect on the 22 September 2015 and all high point applications submitted

from this date will need to meet the new requirement. Please check the web page for more detailed

information on the day. You will be able to access additional occupations (special conditions and

Supplementary Skilled List) if you have 85 points in SkillSelect (including state nomination points).

Should you require 10 points for state nomination in order to reach 85 points on the DIBP points test,

please ensure that you are aware of the conditions of the provisional 489 visa.

There are individual occupation quotas for high point nomination. To date, Marketing Specialist and

Human Resources Advisor are both now closed o for high point nomination. There is also an overall

quota for the high point category. Once this is reached, the high point category will be closed for

the remainder of the program year.

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Commening 21 September 2015 - China added to eligible countries for Work and Holiday visa (subclass 462 visa)

Starting from 21 September 2015 Migration Regulations 1994 - Specification of Arrangements for Work and Holiday and Working Holiday Visa Applications 2015 adds China to list of eligible countries for Work and Holiday (462) applicants.

Applicants from China must:

• Hold a valid passport issuesdby the People's Republic of China,
• Holders of this passport are not required to provide evidence of Government support for the grant of the visa,
• Chinese applications cannot be lodged by post,
• Application must be made by appointment and in person at one of the the three addresses provided in the Instrument in either Beijing, Guangzhou or Shanghai.

There are no changes to the Working Holiday (417) provisions in this Instrument, but from 31 August 2015, applicants for second WHVs will be required to provide pay slips as evidence of the appropriate remuneration required these subsequent visa applications. 

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Significant Investor Visa (SIV) & Premium Investor Visa (PIV) - Complying Investment Framework (CIF) (1 July 2015 onwards)

Elements that apply to all investments for SIV & PIV

• SIV and PIV will be distinct visa products with the Complying Investment Framework (CIF) articulated separately.
• Existing requirements for who may make the investment will remain the same as will the requirement that funds be unencumbered and lawfully acquired.
• Investors will also still be required to reinvest funds within 30 days of withdrawing them from a complying investment or cancelling the investment in order for the investment to continue to be complying.
• Direct investment into residential real estate is excluded and indirect exposure through investment vehivles is to be restricted to less than 10% of a vehicle's net assets.
• Exclude 'loan back' arrangement where the investment is used as collateral by applicants.

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NSW to increase Subclass 190 nominations

The NSW Department of Industry has advised that they have recently begun issuing invitations for the 190 State Nomination visa.  While the rate of nominations since July 2015 has been limited, NSW anticipates nominating another 4,000 skilled candidates for the 190 visa in 2015-16 with a ramp up of invitations in the coming months. 

NSW Department of Industry will increase the rate of nominations in the coming months with a total annual target of 4000 places to be filled by June 2016. The annual target is the same as originally advised in July 2015. 

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2nd Working Holiday Visa - new evidence required

From 31 August 2015, applicants for a second Working Holiday Visa must provide pay slips as evidence of the appropriate remuneration  (at least basic pay entitlements) for all work undertaken after this date.  All Australian employers are legally required to provide their employees with pay slips.

Work performed before this commencement date will not require pay slip evidence.

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Recommendations from the Report on Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

The Parliamentary Joint Committee on Intelligence and Security has today presented its bipartisan report on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Bill would allow Australian citizenship to be stripped from dual nationals who, in repudiation of their allegiance to Australia, engage in terrorism-related conduct.

The Committee has made a number of recommendations and subject to these recommendations supports passage of the Bill through the Parliament.

The recommendations narrow the scope of the Bill to improve safeguards, oversight and accountability mechanisms. Recommendations include:

• That retrospectivity of the proposed s35A be limited to people sentenced to more than 10 years imprisonment for terrorism offences, within the last decade
• That the rights of the child be used as the primary determinant when considering cancellation under s35A for those under 18 years old
• That the rules of natural justice should apply to the Minister's discretion under s35A
• ​That the Minister be given the power to annul a revocation decision, if the relevant convictions is later overturned on appeal or quashed, and the person's citizenship be taken to have never been lost
• That the list of offences that could trigger cancellation be limited and not include damaging or destroying Commonwealth property, a number of offences with penalties of less than 10 years or some that have never been used
• That the provision of neutral or independent humanitarian assistance, unintentional acts or acts carried out under duress not be considered to have been undertaken in the service of a declared terrorist organisation
• That no part of the Bill applies to a child aged less than 10 years old
• That s35AA & 35 does not apply to the conduct of a child aged under 14 years of age
• That the Government be required to report publicly every 6 months on the number of times a notice for loss or revocation of citizenship has been issued and provide a brief statement of reasons.
• That the Minister advise the Parliamentary Joint Committee on Intelligence and Security on issuing a notice for loss of citizenship and brief the Committee within 20 days of its issue
• That another review of this Bill be conducted by 1 December 2019.

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De facto visa - living together?

In the case of SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 (11 June 2015) a Full Court in a joint judgement concluded there was no requirement under section 5C of the Migration Act 1958 (Cth) that a couple live together before they enter into a de facto relationship.

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