Year: 2016

Australian Visas for the 2018 Gold Coast Commonwealth Games

In preparation for one of the world’s largest sporting events, the Australian Department of Immigration and Border Protection (DIBP) has commenced providing details of Australian visas for the 2018 Gold Coast Commonwealth Games. Special visa arrangements for international athletes, coaches and related parties who will be involved in the Commonwealth Games will be implemented. The Commonwealth Games will take place in the Gold Coast, Queensland, Australia, from 4 – 15 April 2018.

Australian Commonwealth Games Visa

The Australian Government foresees that the Temporary Activity (subclass 408) visa will be available to the “Commonwealth Games Family” to travel to Australia for the Commonwealth Games.

The Commonwealth Games Federation (CGF) has described the “Commonwealth Games Family” as all persons who are entitled to accreditation at the Games under the provisions of the CGF, which includes:

  • The CGF executive;
  • The organising committees;
  • Athletes,
  • CGF associations, including International Federations; and
  • Commonwealth Game sponsors.

Visa Application Charge

In honour of the Commonwealth Games being held in Australia for 2018, the Australian Government has set the visa application fee at $0 for visa applicants registered for accreditation by the Gold Coast 2018 Commonwealth Games Corporation.

For more information on travelling to Australia for the Gold Coast Commonwealth Games, please do not hesitate to contact us at info@hartmanlawyers.com.au.

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.

Temporary Activity visa

New Australian Temporary Activity Visa Framework from 19 November 2016

The Australian Federal Government has introduced a new Temporary Activity visa framework which will replace the current regime in relation to applying for temporary work, training and research, entertainment and Superyacht Crew visas.

The new system is intended to simplify the temporary work and activity framework and came into effect on 19 November 2016.

The following four Australian visa types will now apply to temporary activities:

  1. Temporary Work (Short Stay Specialist) (subclass 400) visa;
  2. Temporary Work (International Relations) (subclass 403) visa;
  3. Training (subclass 407) visa; and
  4. Temporary Activity (subclass 408) visa.

The new framework replaces the following visas, which applicants are no longer able to apply for:

  • Temporary Work (Long Stay Activity) (subclass 401) visa;
  • Training and Research (subclass 402) visa;
  • Special Program (subclass 416) visa;
  • Temporary Work (Entertainment) (subclass 420) visa; and
  • Superyacht Crew (subclass 488) visa.

The Temporary Work (Short Stay Activity) (subclass 400) visa and Temporary Work (International Relations) (subclass 403) visa have also been restructured.

The general eligibility criteria for the new Temporary Activity visas are as follows:

1. Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa is for people who want to come to Australia on a temporary basis to:

  • undertake short-term, highly specialised, non-ongoing work
  • in limited circumstances, participate in an activity or work relating to Australia’s interests.

2. Subclass 403 Temporary Work (International Relations) visa

This visa is for people who want to come to Australia on a temporary basis:

  • in relation to a bilateral agreement
  • to represent a foreign government or to teach a foreign language in an Australian school
  • to undertake full-time domestic work for a diplomat
  • as a person with statutory privileges and immunities
  • to participate in the Seasonal Worker Programme.

3. Subclass 407 Training visa

This visa is for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

4. Subclass 408 Temporary Activity visa

This visa is for people who want to come to Australia on a temporary basis to:

  • work in the entertainment industry
  • participate in non-ongoing cultural or social activities at the invitation of an Australian organisation
  • observe or participate as an academic in a research project
  • undertake full-time religious work
  • participate in a special programme to enhance international relations and cultural exchange
  • participate in high-level sports (including training)
  • work in a skilled position under a staff exchange arrangement
  • participate in an Australian government endorsed event
  • work as a superyacht crew member
  • undertake full-time domestic work in the household of certain senior foreign executives.

Sponsorship under the New Temporary Activity Framework

A single sponsorship type (temporary activities sponsor)  replaces the six previous sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew).  Sponsorship applications are now required to be lodged online.

For more information on applying for Temporary Activity visas, please feel free to contact us by email at info@hartmanlawyers.com.au or by telephone on +61 3 9021 0986.

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.

ten year Visitor visa

New Ten Year Australian Visitor Visa (Initially Available to Chinese Nationals)

The eagerly awaited Ten Year Australian Visitor visa was introduced by the Australian Department of Immigration and Border Protection (DIBP) on 19 December 2016.

The Ten Year Visitor visa forms part of the Visitor (subclass 600) visa as a separate ‘Frequent Traveller’ stream.

‘Frequent Traveller’ Visitor Visa Requirements

The newly created Visitor visa stream for frequent travellers permits both tourism and business visitor activities and allows up to ten years’ validity.

The primary requirements of this visa are as follows:

  • At the moment, this visa stream is only available to citizens of the People’s Republic of China, however a list of additional ‘specified countries’ is intended to be introduced.
  • The visa applicant must be outside Australia at the time of application.
  • The visa applicant must have a genuine intent to visit Australia as tourist or to engage in business visitor activity.
  • The visa applicant must be able to satisfy health requirements and may be requested to undertake a medical examination.

Ten Year Visitor Visa Conditions

The Ten Year Visitor Visa will be granted for up to ten years.  It will allow for the following:

  • Multiple entries and up to a three-month stay period after each entry during the validity period of the visa.
  • No more than 12 months cumulative stay in Australia in a 24 month period.
  • The Frequent Traveller stream will permit both tourism and business visitor activities, however use of this visa to maintain de facto residence or to work in Australia will not be permitted and such actions will lead to a consideration of cancellation.

Cost of the Visa

The Visa Application Charge for the Ten Year Visitor visa will be AUD$1,000.

The ‘Frequent Traveller Stream’ as part of the Visitor visa is currently only available to Chinese nationals at this initial stage.  However we will keep our clients, colleagues and contacts updated once the list of eligible countries is extended.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

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.

Ceasing employment 457 visa

Ceasing Employment as a 457 Visa Holder

Following from our article last month regarding Transferring Employers for Subclass 457 Visa Holders- Important Policy Changes, the Australian Federal Government’s proposal to reduce the period a Temporary Work (Skilled)(subclass 457) visa holder can remain in Australia after ceasing employment with their sponsor has been introduced into the Migration Regulations 1994.

Instead of the previous 90 day period to remain in Australia, subclass 457 visa holders whose employment with their sponsor has ceased (either due to termination or resignation) will now have only 60 days to remain in Australia.

However, subclass 457 visa holders may be able to find another employer willing to sponsor them.  Policy updates from last month dictate that now the 457 visa holder’s new potential employer is only required to lodge a new nomination and (if required) sponsorship application within the 60 day period.  The nomination is no longer required to be approved within this period.

Please note that the 60 day amendment will affect subclass 457 visa holders where the visa was granted on or after 19 November 2016.

For advice regarding subclass 457 sponsorship, nomination and visa applications, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

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.

Processing arrangements 457 visas

‘Global Allocation Method’ and Change in Processing Arrangements for 457 Cases

The Department of Immigration and Border Protection (DIBP) has confirmed that from mid-October 2016, Temporary Work (Skilled)(Subclass 457) sponsorship, nomination and visa applications will no longer be allocated to the Australian state in which the sponsor’s head office is located.

Instead, the DIBP is moving towards a ‘Global Allocation Method’ for subclass 457 processing, meaning that subclass 457 sponsorship, nomination and visa applications will not be allocated based on location.  Applications will be allocated to one of the five current processing centres:

  • Adelaide Temporary Entry Section;
  • Brisbane Temporary Entry Section;
  • Melbourne Temporary Entry Section;
  • Perth Temporary Entry Section; and
  • Sydney Temporary Entry Section.

 Advantages of a ‘Global Allocation Method’ for 457 Visas

These changes are intended to improve efficiency so that cases are able to be allocated to the processing Temporary Entry Section where there is the least back-log of applications.

A ‘global allocation method’ is also intended to improve consistency of decision-making in relation to subclass 457 sponsorship, nomination and visa applications.  A ‘global allocation method’ will remove a processing culture particular to Temporary Entry Sections across states.

It is also intended that related applications, ie a subclass 457 sponsorship, nomination and visa application, will be allocated to one case officer at the same time, rather than the current system where related applications can be sent to different case officers.  The new system should lead to greater streamlining and efficiency of processing subclass 457 applications.

For advice regarding subclass 457 sponsorship, nomination and visa applications, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

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.

transferring employers 457 visa holders

Transferring Employers for Subclass 457 Visa Holders- Important Policy Changes

Holders of Temporary Work (Skilled) (subclass 457) visas are subject to the condition 8107 work restriction.  Condition 8107 means that a subclass 457 visa holder can generally only work for their nominating employer (or associated entities in certain situations).  In accordance with condition 8107, subclass 457 visa holders must also work in the occupation which is specified in the nomination provided to the Australian Department of Immigration and Border Protection (DIBP).

Therefore, if a 457 visa holder’s employment ceases (for whatever reason) their visa may be cancelled, unless they are nominated by a new employer, as explained below.

Is it Possible for 457 Visa Holders to Change Employers?

Subclass 457 visa holders are able to transfer employers, even though they are subject to condition 8107.  Previously, nomination with the new employer would need to be  approved within 90 days after termination or resignation from the initial sponsoring employer.

When transferring employers, subclass 457 visa holders are able to retain their subclass 457 visa and are not required to lodge a new visa application.  However, the new sponsoring business in the past must have obtained approval as a standard business sponsor.  The new sponsoring employer also required approval from the DIBP to nominate the specific subclass 457 visa holder.

Condition 8107 Policy Change

Until now, if a subclass 457 visa holder did not have their nomination with a new employer approved by the DIBP within 90 days of termination or resignation of employment from their initial sponsoring employer, the visa holder was liable to have their visa cancelled in breach of condition 8107.  This led to unfortunate situations for subclass 457 visa holders who tried to comply, but processing delays for new sponsorship and nomination applications led to an inadvertent breach of condition 8107 because the 90 day time limit had expired.

The DIBP has now changed this policy and 457 Programme Management has confirmed with the Cancellations Team that cancellation for not complying with condition 8107 will not be considered where a visa holder has ceased employment with their nominated employer, but have lodged a new nomination application within 90 days.

However, in the situation where a new nomination application has not been lodged within this 90 day period, cancellations will proceed and visa holders will receive a Notice of Intention to Consider Cancellation (NOICC).

This is an important policy change for businesses wishing to sponsor a candidate already holding a subclass 457 visa because it provides greater certainty that the subclass 457 visa holder’s current visa will not be cancelled if there are processing delays for the new nomination application or sponsorship.  The policy will also assist subclass 457 visa holders transferring employers since their visa will no longer be subject to cancellation for breach of condition 8107, provided they have lodged a new nomination application within 90 days.

Potential Change of Employer Transfer Time Period

From 19 November 2016, the DIBP has proposed that the time period a primary subclass 457 visa holder can remain in Australia after their employment ceases be reduced from the current 90 days to 60 days.

This proposal is subject to approval by the Governor–General.  If this policy change proceeds, it would apply to subclass 457 visas granted on, or after, 19 November 2016.

For advice regarding subclass 457 sponsorship, nomination and visa applications, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

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.

Proposal for New Australian Temporary Parent Visa

The proposal for a New Australian Temporary Parent visa released by the Federal Government has been welcomed as an additional visa option for overseas parents. The Department of Immigration and Border Protection (DIBP) has published a discussion paper, ”Introducing a temporary visa for parents” regarding a new temporary visa for parents of Australian citizens and permanent residents.  The DIBP has invited the public to provide feedback regarding the development of the proposed new Temporary Parent visa which is now under discussion.

The proposed Temporary Parent visa will be a five year visa and is intended to enhance arrangements for parents of Australians to spend time with family in Australia without creating a ‘cost burden’ to the Australian economy.

Current Australian Parent Visa Options

Currently, the primary visa options accessed by parents of Australian citizens and permanent residents include:

  1. Visitor Visas: Parents currently have the option of using Visitor (Subclass 600) visas to spend time with their children in Australia. Visitor visas are not designed to allow a person to stay in Australia for longer than12 months.
  2. Parent (non-contributory) visas: This visa includes the Parent (subclass 103) visa for offshore applicants, and the Aged Parent (subclass 804) visa for applicants in Australia. The demand for this visa far outweighs the number of available places and new applicants can expect to wait approximately 30 years before a decision can be made on their application.
  3. Contributory Parent visas: This visa is for parents who are able to pay a higher application fee to obtain their visa. These visa applications are generally finalised within two years from time of lodgement.  Applicants for this visa pay a total application fee of $47,295 for the main applicant and $44,845 for their spouse or de facto partner.
  4. Investor retirement (subclass 405) visa: This visa is a temporary visa for people aged 55 years or older. Applicants must have a minimum income of $65,000 and assets of at least $750,000 (or $50,000 and $500,000, respectively, for applicants who intend to live in a regional area). Applicants for this visa are also required to make a significant long-term financial investment into a state or territory government treasury bonds.

Proposed Requirements of the New Australian Temporary Parent Visa

The exact requirements of the proposed new Australian Temporary Parent visa are still being developed.  The discussion paper has suggested that the new visa should include the following requirements for future applicants:

Sponsorship

To be eligible for a Temporary Parent visa, it is proposed that the applicant must be sponsored by their Australian child who must meet the following requirements:

  • The sponsor must have been living in and contributing to Australia for a number of years. This is to ensure sponsors have had sufficient time to become engaged with the Australian community and to contribute to Australia financially. A longer period of contribution in Australia would provide a higher priority in eligibility; and
  • The sponsor will be required to show they can support their parents, if necessary. This will include income and asset assessments.

Bond Arrangements

It is proposed that sponsors should be required to provide a financial bond as a debt security.  This will enable the Australian Government to recoup costs where sponsorship obligations have not been honoured.  It is suggested that the bond amount be ‘significant’ in order to cover a parent’s potential health costs over a five year period.

Visa Application

It  has been proposed that the new Temporary Parent visa be granted with a stay period of up to five years, but that it could also be granted for periods of one, three or five years.

The length of the visa would be determined by the following factors, including:

  • the needs of the applicant or their sponsoring child;
  • the capacity of the applicant and/or their sponsoring child to support their stay in Australia;
  • the health and age of the visa applicant; and
  • the applicant’s previous immigration history.

Development of the New Temporary Parent Visa

This visa is still in the discussion stage and consultations will continue regarding the specific requirements for this proposed visa.  The Australian Government is still in the process of determining whether and under what terms this new Temporary Parent visa will come into effect and is currently accepting submissions, with submissions being due by midnight 31 October 2016.

The introduction of the proposed Temporary Parent visa would be welcomed by many Australians with parents overseas as it would provide an alternative parent visa to the current limited options available to parents of Australian citizens and permanent residents.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

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.

Temporary Activity Visa

Upcoming Changes to the Australian Temporary Activity Visa Framework

The Australian Government has recommended that a new Temporary Activity visa framework be introduced to replace the current relevant short-term Australian visas.  The new framework is intended to come into effect on 19 November 2016.

The suggested new visa framework is based on a Discussion Paper undertaken by the Department of Immigration and Border Protection (DIBP) in September 2014, entitled “Reviewing the Skilled Migration and 400 Series Visa Programmes.”  The recommendation from the Discussion Paper was to simplify Temporary Activity visas to enable greater accessibility and simplicity in this visa programme.

The following four Australian visas will apply to the Temporary Activity visa framework from 19 November 2016:

  1. Temporary Work (Short Stay Specialist) (subclass 400) visa;
  2. Temporary Work (International Relations) (subclass 403) visa;
  3. Training (subclass 407) visa; and
  4. Temporary Activity (subclass 408) visa.

The new framework will replace the following existing visas, which applicants will no longer be able to apply for from 19 November 2016:

  • Temporary Work (Long Stay Activity) (subclass 401) visa;
  • Training and Research (subclass 402) visa;
  • Special Program (subclass 416) via;
  • Temporary Work (Entertainment) (subclass 420) visa; and
  • Superyacht Crew (subclass 488) visa.

There will also be a restructuring of two current visas of the Temporary Work (Short Stay Activity) (subclass 400) visa and Temporary Work (International Relations) (subclass 403) visa.

The Australian Government has stated that the general eligibility criteria for the new Temporary Activity visas are as follows:

1. Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa would be for people who want to come to Australia on a temporary basis to:

  • undertake short-term, highly specialised, non-ongoing work
  • in limited circumstances, participate in an activity or work relating to Australia’s interests.

2. Subclass 403 Temporary Work (International Relations) visa

This visa would be for people who want to come to Australia on a temporary basis:

  • in relation to a bilateral agreement
  • to represent a foreign government or to teach a foreign language in an Australian school
  • to undertake full-time domestic work for a diplomat
  • as a person with statutory privileges and immunities
  • to participate in the Seasonal Worker Programme.

3. Subclass 407 Training visa

This visa would be for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

4. Subclass 408 Temporary Activity visa

This visa would be for people who want to come to Australia on a temporary basis to:

  • work in the entertainment industry
  • participate in a non-ongoing cultural or social activities at the invitation of an Australian organisation
  • observe or participate as an academic in a research project
  • undertake full-time religious work
  • participate in a special programme to enhance international relations and cultural exchange
  • participate in high-level sports (including training)
  • work in a skilled position under a staff exchange arrangement
  • participate in an Australian government endorsed event
  • work as a superyacht crew member
  • undertake full-time domestic work in the household of certain senior foreign executives.

Sponsorship under the New Temporary Activity Framework

A single sponsorship (temporary activities sponsor) would replace six existing sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew).  This intended to simplify the sponsorship process.  Sponsorship applications are required to be lodged online.

Transitional Arrangements for Current Temporary Activity Sponsors

The Australian Government has stated that for sponsors approved before 19 November 2016 as a long stay activity, training and research, professional development, entertainment, special program or superyacht crew sponsor, the business is able to use this approval to sponsor a Subclass 407 Training visa or Subclass 408 Temporary Activity visa applicant (who is engaging in the relevant activity) during the transitional period or until the approval ceases.

From 19 May 2017 businesses will need to apply online for approval as a temporary activities sponsor if they wish to sponsor a Subclass 407 Training visa or Temporary Activity visa (subclass 408) applicant.

For more information on applying for Temporary Activity visas, please feel free to contact the author 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.

Entrepreneur visa

Introducing the New Entrepreneur Visa

Last December the Australian Federal Government announced their intention to introduce an Entrepreneur visa.

The Entrepreneur visa supports the ‘National Innovation and Science Agenda,’ which is intended 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 Australian Federal Government hopes the new visa will attract appropriate skilled and talented entrepreneurs to Australia which will facilitate the commercialisation and development of innovative ideas.

The Australian Federal Government is now proceeding with the introduction of the keenly awaited Entrepreneur visa.

When will the Entrepreneur visa be introduced?

This visa will come into effect on 10 September 2016, which is two months earlier than initially proposed.

What will the application process involve?

The Entrepreneur visa will form part of the Business Innovation and Investment visa program for Australia.  The visa will form a separate ‘Entrepreneur stream’ as part of the Business Innovation and Investment (Provisional) (subclass 188) visa for temporary visa applications and Business Innovation and Investment (Permanent)(subclass 888) visa for applicants who have qualified for permanent residency.

The visa application will involve a three stage process:

  1. Firstly a visa applicant will submit an Expression of Interest (EOI) through SkillSelect;
  2. The visa applicant must be nominated by a State or Territory Government; and
  3. The visa applicant, once invited by the Department of Immigration and Border Protection (DIBP), will lodge a visa application.

What are the main visa requirements?

The DIBP has published the main criteria for the Entrepreneur visa which are stipulated to be as follows:

  • Visa applicants must be undertaking, or proposing to undertake, an entrepreneurial venture in Australia.
  • The entrepreneurial venture must not be related to residential real estate or labour hire or involve purchasing an existing business or franchise.
  • Visa applicants must also be under 55 years of age, have a competent level of English, and have at least 30 per cent interest in their entrepreneurial venture.
  • There must be one or more funding agreements in place for at least $200,000 between the entrepreneur or venture and a third party funding body or bodies.  Sources of third party funding are limited to state and territory governments, Commonwealth agencies, Publicly Funded Research Organisations, and investors registered as a Venture Capital Limited Partnerships (VCLP) or Early Stage Venture Capital Limited Partnerships (ESVCLP).  Agreements outlining funds from a combination of these sources are also acceptable.
  • Visa applicants must have a business plan outlining their plans for their venture in Australia.
  • Visa applicants must meet the points test for a subclass 188 visa, with a minimum score of 65.  Points are allocated based on age, English language ability, qualifications, experience in business or investment, net personal and business assets, business turnover and innovation. It is noted that from 10 September 2016, five additional points will be available for students from Australian institutions with doctorate-level and masters by research qualifications in science, technology, engineering and mathematics, and information and communication technology fields.

What is the duration of the Entrepreneur visa?

The Entrepreneur visa, as part of the Business Innovation and Investment programme, will be granted for a four year period, with the possibility for an extension.

An Entrepreneur visa holder may be eligible for Australian permanent residency after four years if they can demonstrate the success of their enterprise, which will include factors such as business turnover, employment of Australians and ability to obtain significant financial backing.

From the introduction of the Entrepreneur visa on 10 September 2016, we will be assisting eligible candidates to prepare their Entrepreneur visa applications.

For more information, please feel free to contact the author 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.

corporate immigration

Australian Corporate Immigration Implications Following the Re-election of Prime Minister Turnbull

With a mandate to begin forming the new Federal Government of Australia, re-elected Prime Minister, Malcolm Turnbull, will be able to resume his implementation of the ‘Ideas Boom’  – ie the ‘National Innovation and Science Agenda’ which supports changes to the visa system to attract overseas talent and investment to Australia.

However corporate immigration policies were seemingly absent from the 2016 election campaign focus of both major Australian parties.  We are therefore yet to see how the newly formed Government will impact on corporate immigration, potentially affecting Australian businesses sponsoring overseas employees as well as international companies required to send employees to Australia.

The main visas to monitor at this stage are:

  • Temporary Work (Skilled) (subclass 457) visas;
  • The Short-Term Mobility visas; and
  • The Entrepreneur visas.

Subclass 457 Visas

The subclass 457 visa remains the most common means of Australian employers sponsoring overseas workers.  It is by no means a simple process and involves employers and visa applicants meeting rigorous requirements, from training expenditure to salary thresholds, English language requirements and labour market testing.

Australia’s premier foreign policy think tank, the Lowy Institute, conducts an annual opinion poll of Australian attitudes to key issues.  In relation to the economy, the report from June this year states that opinions are as follows:

“Optimism about the Australian economy has lifted, with 70% of Australians now ‘very optimistic’ or ‘optimistic’ about ‘Australia’s economic performance in the world over the next five years’, up seven points since 2015.”

Positive public opinion regarding the economy generally assists in paving the way for a more generous corporate immigration policy to enable Australian businesses (especially in the technology and innovation industries) to retain and attract overseas employees where they are unable to find local labour.  Therefore, the Turnbull Government is unlikely to introduce drastic restrictive reforms to the subclass 457 visa.

Short-Term Mobility Visas

The proposal for a new Short-Term Work visa enabling businesses to bring in specialist workers for up to a year seems to have been abandoned by the Turnbull Government.

This visa would have filled a gap in the immigration program where a business requires specialist services for greater than the three month period usually provided by the Temporary Work (Short Stay Activity) (subclass 400) visa, and wishing to bypass the red tape involved in applying for a subclass 457 visa, which can be granted for up to four years.

Therefore, businesses requiring services from overseas employees will generally need to continue to apply for the subclass 400 or subclass 457 visa, depending on the nature of the position and relocation requirements.

Entrepreneur Visas

We are yet to see whether the newly formed Government will implement the new Entrepreneur visa, which was announced in December last year.

Discussion regarding access to Australian visas by entrepreneurs was intended by the Turnbull Government to encourage highly skilled workers to travel to Australia.  Also proposed was strengthening the permanent residence pathways for certain postgraduate research students.

The new Entrepreneur visa was intended to be introduced in November 2016 and the permanent residence pathways for postgraduate research students was to come into effect in December 2016.  It is now a case of ‘wait and see’ whether these reforms will be implemented by the new Turnbull government.

Future Corporate Immigration Policies

If the re-elected Prime Minister succeeds in implementing the ‘Ideas Boom’, it will be crucial for Australian businesses to be able to attract and retain the necessary talent and skills  from overseas.

It would not further the objectives  of the National Innovation and Science Agenda to restrict the subclass 457 visa program, especially in light of the implications for business now that the Short-Term Mobility visa has been abandoned.

If the Turnbull Government continues with its plan to introduce an Entrepreneur visa towards the end of this year, this may assist business in attracting overseas talent through a new Australian visa pathway.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

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.