Month: December 2015

Australian Immigration 2016

This should be an interesting year for Australian immigration. The Government of Malcolm Turnbull is focused on improving Australia’s technological and scientific developments through the “National Innovation and Science Agenda” in 2016.

We are likely to see the following changes implemented:

  • Labour Market Testing exemption provisions introduced to the Temporary Work (Skilled) (subclass 457) visa to accommodate the China-Australia Free Trade Agreement (ChAFTA);
  • Possibly an increase in the Temporary Income Salary Migration Threshold (TSMIT) for the subclass 457 visa from the current $53,900;
  • The introduction of the new Entrepreneur visa in November 2016; and
  • Pathways to permanent residence for postgraduate research graduates with STEM (Science, Technology, Engineering and Math) qualification will be enhanced.

We will update our clients, colleagues and contacts throughout the year regarding Australian immigration changes affecting businesses and individuals.

Please contact us at info@hartmanlawyers.com.au for Australian immigration assistance or call our office:

Australia: +61 3 9021 0986
London: +44 20 3670 4586

We look forward to assisting you in 2016.

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.

Australian Government Announces New Entrepreneur Visa

The National Innovation and Science Agenda

The Australian Government has introduced the National Innovation and Science Agenda. The aim of the Agenda is to:

“… embrace new ideas in innovation and science, and harness new sources of growth to deliver the next age of economic prosperity in Australia.”

The Government has recognised that innovation and science are crucial for the development of the Australian economy, and will introduce reforms to enable expansion in these areas.

Introduction of an Entrepreneur Visa

As part of the National Innovation and Science Agenda, the Australian Government has announced that, as part of the reforms, a new Entrepreneur visa will be introduced.

The Government will create:

  • A new provisional Entrepreneur Visa for entrepreneurs with innovative ideas and financial backing, and a pathway to permanent residence; and
  • Pathways to permanent residence for postgraduate research graduates with STEM (Science, Technology, Engineering and Math) qualification will be enhanced.

The Government has announced that the new Entrepreneur visa will be introduced in November 2016 and the permanent residence pathways for postgraduate research graduates will come into effect in December 2016.

The exact provisions of the Entrepreneur visa and postgraduate pathways are yet to be announced.

We will keep our clients and contacts updated regarding the new Entrepreneur visa and visa pathways. For more information, please feel free to contact the author to discuss the most appropriate visa options by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

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.

China-Australia Free Trade Agreement and Labour Market Testing

The Department of Immigration and Border Protection (DIBP) has now provided a Ministerial Determination impacting on the immigration procedures under the China-Australia Free Trade Agreement (ChAFTA).

Ministerial determination and LMT

The primary path for engaging Chinese labour will be through the Temporary Work (Skilled) (subclass 457) visa. The LMT provisions for the subclass 457 visa will apply, however exemptions have now been introduced in a recent Ministerial Determination to enable Australia to meet its international trade obligations under ChAFTA.

The Minister for Immigration and Border Protection, Mr Peter Dutton, in his Ministerial Determination has provided that LMT provisions are inconsistent with the terms of ChAFTA in certain situations.

Therefore LMT will not apply, and does not need to be conducted, for the following persons covered under the terms of the ChAFTA:

  • Executives, Senior managers and Managers as Inter-Corporate transferees;
  • Specialists as Intra-Corporate Transferees;
  • Independent Executives; and
  • Contractual Service Suppliers.

The LMT exemption provisions announced by the Minister will apply as soon as ChAFTA comes into effect.

For companies wishing to invest in Australia and requiring employment of foreign workers for specific projects, please feel free to contact the author to discuss the most appropriate visa options by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747 for instructions.

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.