Month: May 2017

Countdown to the Introduction of the Temporary Skills Shortage (TSS) Visa

Posted by Rebecca Berkovic on May 25, 2017

Now that we are ten months from the introduction of the Temporary Skills Shortage (TSS) visa, we have an outline of what to expect in terms of visa eligibility requirements for those requiring Australian work visas. The TSS visa, replacing the Temporary Work (Skilled)(subclass 457) visa, will have two streams:

a two-year work visa (the “Short-Term” stream); and
a more specialised four-year work visa (the “Medium-Term” stream).

Duration of the TSS Visa

The Short-Term stream of the TSS visa will be granted for a period of two years and then it may be possible to extend this visa for an additional two year period.

The Medium-Term stream of the TSS visa can be granted for a four year period with potential for renewal.

Eligible Occupations for the TSS Visa

Two separate occupation lists which are already in existence will apply to each visa stream.

The Short-Term Skilled Occupation List (STSOL) will apply to the Short-Term stream.

The Medium and Long-Term Strategic Skills List (MLTSSL) will apply to the Medium-Term stream.

The Australian Government has stated that both lists will be modified on 1 July 2017.

Pathway to Permanent Residency for the TSS Visa

The Short-Term stream of the TSS visa will not act as a pathway to Australian permanent residency through an Employer Sponsored visa. TSS Short-Term stream visa holders can only retain this visa for up to a four year period.

The Medium-Term stream of the TSS visa may lead to Australian permanent residency through an Employer Sponsored permanent visa. Visa holders will be able to apply after a three year period of holding this visa and employment with the nominating Australian business.

New Attributes of the Temporary Skills Shortage (TSS) Visa

The TSS visa will introduce stricter provisions for businesses sponsoring overseas workers under this program than were present in the 457 visa program.

Changes announced by the Australian Government so far include:

compulsory labour market testing;
a requirement for the visa applicant to have had a minimum of two years’ work experience; and
a new non-discriminatory workforce test.

The Unknown

The Australian Government is still refining the exact criteria in relation to the TSS visa. We will need to stay tuned for the exact English language and potential age requirements for the new work visa commencing in March 2018.

The Government is also yet to announce the Income Salary Threshold for workers to be eligible under the TSS visa program.

We will keep our clients and contacts updated about the upcoming TSS visa.

For more information on Australian work visas, please feel free 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.

Creating an Australian Innovation Hub: Spotlight on the Australian Entrepreneur Visa

Posted by Rebecca Berkovic on May 15, 2017

Australian Innovation Investment

Australia abounds with initiatives to grow and develop its innovation and technological expansion agenda, including funding programs and changes to the visa system with the introduction of the Australian Entrepreneur visa.

As part of the National Innovation & Science Agenda, strategies by the Australian Federal Government to fund and build innovation and startups in Australia include the following:

$23 million invested for the “Incubator Support” initiative which provides funding to support new and existing Incubators (including developing new incubators in regions or sectors with high potential for success in international trade) as well as an Expert-In-Residence program to provide access to research, managerial and technical talent .
$30 million invested to create opportunities for businesses in the rapidly growing cyber security sector, including establishing a new industry-led Cyber Security Growth Centre in Australia.
$36 million invested in a Global Innovation Strategy to improve Australia’s international science, research and innovation collaboration through Landing Pads which provide market-ready startups with a short-term (90 day) operational base where they can access entrepreneurial talent, mentors, investors and a wider connected network of innovation hubs located in Berlin, San Francisco, Shanghai, Singapore and Tel Aviv.
$500 million invested to establish the Biomedical Translation- $250 million of Commonwealth funding that has been matched by private sector investors to invest in commercialising promising biomedical discoveries.

As explained through the Australian Government website: www.innovation.gov.au.

Australian Entrepreneur Visa

The Australian Government introduced changes to the visa system last year to assist in attracting and retaining entrepreneurial talent ‘to drive ideas from research to commercial reality’ in Australia. The Entrepreneur visa continues to be an attractive means for overseas directors of Australian startups to remain in Australia and grow their business.

The Entrepreneur visa is a four year visa with a pathway to permanent residency through the Business Innovation & Investment (Residence) subclass 888 visa.

The Entrepreneur visa is a two-stage process which requires:

Nomination by an Australian State or Territory Government; and
Lodging a visa application with the Department of Immigration and Border Protection (DIBP).

Requirements include:

The visa applicant must be under the age of 55 years unless providing an “exceptional economic benefit” to the State or Territory;
Have a funding agreement in place for a minimum of $200,000 to establish a venture in Australia;
Have an ownership interest of at least 30%; and
Have at least competent English.

The proposed business venture would need to include either the development of an enterprise or business in Australia or involve the commercialisation of a product or service in Australia.

For overseas entrepreneurs building their business in Australia, please do not hesitate to contact us at info@hartmanlawyers.com.au for a confidential discussion regarding your eligibility for the Entrepreneur visa.

Disclaimer:

New Australian Temporary Sponsored Parent Visa

Posted by Rebecca Berkovic on May 15, 2017

The Federal Government announced this month that the new Australian Temporary Sponsored Parent visa will be introduced in November 2017.

The Government stated that 15,000 visas will be available to parents of Australian residents annually under the new visa program.

If relevant, it is therefore important to lodge this application as soon as possible to obtain one of the available places.

Proposed Requirements of the New Australian Temporary Sponsored Parent Visa

The temporary sponsored parent visa will allow parents of Australian citizens, Australian permanent residents and eligible New Zealand citizens to travel to and remain in Australia for periods of up to three or five years.

The visa may be renewed from outside Australia to allow a cumulative stay of up to ten years.

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.

Exact requirements for the new Temporary Sponsored Parent visa will be made available in November 2017.

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

Disclaimer:

2017 Federal Budget: New Australian Work Visa Levy

Posted by Rebecca Berkovic on May 10, 2017

The Government revealed the 2017 Budget last night and further changes to the temporary and permanent work visa program are intended to be introduced in the form of an Australian work visa levy placed on businesses required to hire foreign employees.

The new Government levies will replace the current training requirements under the Temporary Work Skilled (subclass 457) visa program in which businesses are required to pay either 2% of payroll expenditure into an industry training fund or 1% of payroll expenditure on training Australian staff within the business. The training benchmarks must be met for each year of the sponsorship.

The newly proposed levies will at least provide better clarity to Australian businesses sponsoring overseas workers as to the amount required to be spent on training per year. However, the levies (outlined below) are much higher than the $400 for small businesses proposed in 2015 by the Department of Immigration and Border Protection (DIBP) in its ‘457 Integrity Review: Training Fund Contribution’ Discussion Paper published in 2015.

Which levies will be introduced?

Temporary Work Visas

Businesses with a turnover of less than $10 million: A levy of $1,200 per overseas worker per year will be required when sponsoring under the upcoming Temporary Skill Shortage (TSS) visa.
Businesses with a turnover of more than $10 million: A levy of $1,800 per overseas worker per year will be required when sponsoring a worker for a TSS visa.

Permanent Work Visas

The Australian Government has declared that it will introduce a cumbersome levy to Australian businesses sponsoring overseas workers for permanent residency.

Businesses with a turnover of less than $10 million: A levy of $3,000 per overseas worker sponsored for permanent residency will be required.
Businesses with a turnover of more than $10 million: A levy of $5,000 per overseas worker sponsored for permanent residency will be required.

When will the levies be introduced?

The Australian Government has announced that the levies will be introduced to businesses sponsoring overseas workers from March 2018.

We are awaiting Government policy regarding transitional arrangements for businesses currently sponsoring overseas workers through the subclass 457 visa program.

The new levies are intended to fund the proposed ‘Skilling Australians Fund’ which will allocate resources to apprenticeships and traineeships across Australia.

For advice regarding Australian work visas, please feel free to contact our firm at info@hartmanlawyers.com.au or via our website: www.hartmanlawyers.com.au.