Month: November 2012

Amendments to Temporary Work Visas

Posted by Rebecca Berkovic on November 24, 2012

The Department of Immigration and Citizenship has recently announced amendments to the subclass 400 series of visas which include temporary work visas. The changes are aimed at simplifying the temporary work visa system and reducing the number of subclasses of these visas. The changes came into effect on 24 November 2012.

Following 24 November 2012, new applicants will no longer be able to apply for the following subclasses of visas:

Government Agreement (Subclass 406) visa;
Exchange (Subclass 411) visa;
Foreign Government Agency (Subclass 415) visa;
Visiting Academic (Subclass 419) visa;
Sport (Subclass 421) visa;
Medical Practitioner (Subclass 422) visa;
Media and Film Staff (Subclass 423) visa;
Domestic Worker (Temporary) – Diplomatic or Consular (Subclass 426) visa;
Domestic Worker (Temporary) – Executive (Subclass 427) visa;
Religious Worker (Subclass 428) visa;
Occupational Trainee (Subclass 442) visa; and
Professional Development (Subclass 470) visa.

The amendments introduced by DIAC on 24 November 2012, include the creation of the following temporary work visas:

Temporary Work (Long Stay Activity) (Subclass 401) visa- which includes the Exchange stream, Sport stream and Religious worker stream. This visa will enable applicants to come to Australia on a temporary basis to participate in a staff exchange arrangement, or to undertake sporting activities or religious work.
Training and Research (Subclass 402) visa- which includes the Occupational Training stream, Research stream and Professional Development stream. This visa will enable applicants to come to Australia on a temporary basis to undertake occupational training, conduct or observe research as a visiting academic or undertake a professional development program.
Temporary Work (International Relations) (Subclass 403) visa- which includes the Government Agency stream, Foreign Government Agency stream, Domestic Worker – Diplomatic or Consular stream and Privileges and Immunities stream. This visa will enable applicants to come to Australia on a temporary basis to represent a foreign government (where the applicant does not have official status), undertake work or an activity in accordance with the terms and conditions of an agreement between a Commonwealth or state/territory government and a government of another country, or undertake domestic work for the holder of a Diplomatic (Temporary) visa (Subclass 995).

Applicants for a temporary work visa, may also be eligible to apply for the following visa subclasses:

Temporary Work (Skilled) (Subclass 457) visa. Amendments on 24 November 2012 to this visa are minimal. The name of the Business (Long Stay) (Subclass 457) visa has changed to Temporary Work (Skilled) (Subclass 457) visa. Nonetheless, employers are still able to sponsor approved skilled workers to be employed in Australia on a temporary basis for up to four years. Employers are able to nominate a number of positions within their business for different occupations in exactly the same way as the Business (Long Stay) (Subclass 457) visa.
Temporary Work (Entertainment) (Subclass 420) visa. The Temporary Work (Entertainment) visa will still enable applicants to enter Australia on a temporary basis to work in film, television (including documentaries and commercials) or live productions in either a performance or behind the scene role, for example directors, producers or other production personnel.
As a result of the repeal of the subclass 423 Media and Film Staff visa, 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 will now need to apply to work in Australia under the Temporary Work (Entertainment) (Subclass 420) visa.

Please note that journalists, correspondents or reporters representing overseas news organisations will instead need to apply for the subclass 457 Temporary Work (Skilled) visa in order to work in Australia. Although the above changes came into effect on 24 November 2012, transitional arrangements are in place that enable current sponsors to continue to sponsor workers holding the now repealed temporary work visas. Also, for holders of repealed temporary work visas, these visas will remain valid until the visa expiry date.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

Potential New Work and Holiday Visa Arrangements

Posted by Rebecca Berkovic on November 13, 2012

On 13 November 2012, the Minister for Immigration and Citizenship, Chris Bowen MP, announced that Australia will begin discussions with the governments of the Czech Republic, Hungary, Israel, Latvia, Poland and the Slovak Republic in terms of creating reciprocal work and holiday visa arrangements.

Mr Bowen is quoted on the Department of Immigration and Citizenship (DIAC) website as stating:

‘The start of discussions for these new work and holiday arrangements recognises the value of Australia’s evolving bilateral relationships with these countries and will strengthen our cultural and people-to-people links,’ Mr Bowen said.

If the work and holiday visa arrangements proceed, this would allow citizens of Czech Republic, Hungary, Israel, Latvia, Poland and the Slovak Republic access to work and holiday visas. Should the agreements proceed, this would enable applicants aged between 18 and 30 to stay in Australia for up to 12 months and engage in work and study of a short term nature.

It is required that applicants for the work and holiday visa have a minimum language requirement of functional English and must have or be studying towards tertiary qualifications.

It is proposed that there would be an annual cap on work and holiday visa grant numbers.

Disclaimer:

Five Million Dollar Significant Investor Visa

Posted by Rebecca Berkovic on November 10, 2012

The Minister of Immigration and Citizenship, Mr Chris Bowen, has announced the introduction of the Significant Investor visa which is scheduled to commence from 24 November 2012 and will form part of the Business Innovation and Investment Program. The relevant subclasses relating to this visa are the Business Innovation and Investment subclass 188 provisional visa and subclass 888 permanent visa.

The Significant Investor visa is designed to attract successful investors and entrepreneurs who will assist in boosting the Australian economy and will provide Australia with a pathway of effectively competing for high net worth individuals seeking investment immigration on an international scale.

Applicants who are interested in applying for the Significant Investor visa are required to:

Submit an Expression of Interest (EOI) in SkillSelect;
Be nominated by a State or Territory government; and
Make an investment of at least AUD$5 million in a complying investment.

Complying investments for the significant visa stream include:

State or Territory bonds;
Australian Securities and Investment Commission (ASIC) regulated managed funds with a mandate for investing in Australia; and
Direct investment into private Australian companies not listed on the Australian stock exchange.

Investors will be entitled to hold investments in each of the investment options and may also be entitled to change between complying investments, subject to being able to meet the reinvestment requirements.

Successful investors who make an investment of AUD$5 million in a complying investment will receive the benefit of:

No points test;
No upper age limit; and
Reduced residency requirement of 160 days over four years.

Significant Investor visa applicants will have the flexibility of extending their initial four year visa term, if required by additional two year periods, with a maximum of two extensions being permitted.

Whilst the Significant Investor visa does not immediately provide the applicant with permanent residency status, it is likely that the majority of applicants, who have held complying investments in Australia for a minimum of four years and continue to meet the relevant requirements, will be eligible for permanent residency status. The key conditions to the pathway of permanent residency status will be announced in the near future.

The implementation of the Significant Investor visa stream will effectively promote the Australian migration program which is not only important to Australia’s economy in terms of skills, but will assist in promoting innovation and capital investment. The Significant Investor visa will create a new source of investment capital and increase the pool of funds managed locally. In turn, this will stimulate growth in industries such as, real estate property, financial planning, fund administration, stockbroking, accounting and funds management. It will also bring Australia into line with other countries, such as the United Kingdom, Canada, Singapore and New Zealand, which provide for migration on the basis of specified investments and conditions.