Month: July 2014

Permanent Employer Sponsored Visas and Policy Change for Start-Up Businesses

Posted by Rebecca Berkovic on

Significant changes were introduced on 1 July 2014 regarding immigration policy for start-up businesses under the permanent employer sponsored visa regime. Start-up businesses for permanent employer sponsored visas (namely, the Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187) visa), are defined under the migration regulations as entities operating for less than a 12 month period.

Under the previous policy, should a start-up business wish to nominate an overseas worker for a permanent employer sponsored visa, the business was required to demonstrate that it had been actively operating for a period of at least 6 months before lodging a nomination application. However, as of 1 July 2014, in order to qualify as a nominator and sponsor an overseas worker for a permanent visa, there is no longer a requirement for a business to have been operating for a six month period. Rather, a start-up business must provide business activity statements for each complete quarter from the time of commencement of operations up until the time the nomination is lodged.

It is noted that if a business which has operated for a long period of time changes ownership or structure resulting in a new ABN and ACN being registered, this business is considered under policy to be a start-up business and must meet the requirements for a start-up business in order to successfully nominate an overseas worker for permanent residency.

This important policy change introduced on 1 July 2014 in relation to start-up businesses provides greater flexibility for newly established companies to nominated overseas workers for subclass 186 and 187 visas before they have been operating for a six month period.

Please contact us for further information on start-up companies sponsoring overseas workers on permanent employer sponsored visas.

 

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.

1 July 2014 Immigration Changes

Posted by Rebecca Berkovic on

We have witnessed very minor amendments to the Australian immigration program introduced this 1 July 2014. The main changes are as follows:

1. Amendments to the Skilled Occupation List (SOL) for Skilled visas

The following occupations have been added to the SOL:

  • Chef (Australian and New Zealand Standard Classification of Occupations (ANZSCO) 351311)
  • Bricklayer (ANZSCO 331111)
  • Wall and Floor Tiler (ANZSCO 333411)

2. Amendments to the Consolidated Skilled Occupation List (CSOL) for Employer Sponsored visas

The following occupations have been added to the CSOL:

  • Hydrogeologist (ANZSCO 234413)
  • Exercise Physiologist (ANZSCO 234915)

The following titles will be changed:

  • Ship’s Surveyor will be titled Marine Surveyor (ANZSCO 231215)
  • General Medical Practitioner will be titled General Practitioner (ANZSCO 253111)

Changes to assessing authorities

New assessing authorities have been specified for the following occupations:

  • Nurse Manager (ANZSCO 254311): Australian Nursing and Midwifery Accreditation Council (ANMAC)
  • Nurse Educator (ANZSCO 254211): ANMAC
  • Nurse Researcher (ANZSCO 254212): ANMAC.
  • Marine Transport Professional not elsewhere classified (ANZSCO 231299): Vocational Education and Training Assessment Services (VETASSESS).

3. Limitation of skills assessment validity

From 1 July 2014, the Migration Regulations 1994 (the Regulations) are amended to ensure that skills assessments issued by assessing authorities for the purpose of visa applications are only valid for a period of 3 years, or if a shorter validity period is specified in the assessment, for that shorter period.

Prior to this amendment, skills assessments did not expire for the purposes of visa applications, even if the assessment specified a validity period.

The affected visa subclasses are:

  • Subclass 186 (Employer Nomination Scheme)
  • Subclass 187 (Regional Sponsored Migration Scheme)
  • Subclass 189 (Skilled–Independent)
  • Subclass 190 (Skilled–Nominated)
  • Subclass 485 (Temporary Graduate)
  • Subclass 489 (Skilled–Regional (Provisional)).

4. Amendments to the Regulations creating a surcharge on credit card payments

From 1 July 2014, the Migration Regulations 1994 are amended to allow the Department of Immigration and Border Protection (DIBP) to charge a credit card surcharge for the following applications:

  • nomination fees or charges;
  • sponsorship fees or charges;
  • visa evidence charges or fees; and
  • visa application charges or fees.

Where a person pays a fee or charge by other methods (for example a direct bank transfer payment), the person is not liable to pay the surcharge for the part of the fee or charge paid by that other method.

5. Temporary Skilled Migration Income Threshold

For 1 July 2014, there will be no increase to the Temporary Skilled Migration Income Threshold (TSMT) in relation to Temporary Work (Skilled) subclass 457 visas will occur.

Please contact us for further information regarding 1 July 2014 immigration amendments.

 

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.