Month: September 2016

Proposal for New Australian Temporary Parent Visa

Posted by Rebecca Berkovic on September 28, 2016

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:

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.
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.
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.
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.

Upcoming Changes to the Australian Temporary Activity Visa Framework

Posted by Rebecca Berkovic on September 20, 2016

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:

Temporary Work (Short Stay Specialist) (subclass 400) visa;
Temporary Work (International Relations) (subclass 403) visa;
Training (subclass 407) visa; and
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:

Introducing the New Entrepreneur Visa

Posted by Rebecca Berkovic on September 7, 2016

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:

Firstly a visa applicant will submit an Expression of Interest (EOI) through SkillSelect;
The visa applicant must be nominated by a State or Territory Government; and
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.