Month: June 2017

Australian visa changes

Preparing for 1 July 2017 Australian Visa Changes

As the 1 July 2017 Australian visa changes rapidly approach, we are bracing for the system, financial and regulation modifications that will occur.

System Changes

The Department of Immigration and Border Protection (DIBP) has announced that the lodgement portal will be closed from 9:00 pm (AEST) on 30 June 2017.

Also, on 1 July 2017 new electronic forms will be introduced for all stages of the 457 visa.

The DIBP has instructed that any partially completed, ‘saved’, or ‘in progress’ 457 forms that are not submitted by 9:00 pm on 30 June 2017 will be lost, and the forms will be set to a status of ‘discontinued’ within the ImmiAccount. Therefore, applicants are strongly advised to ensure that any urgent applications are completed and submitted before this date.

From 1 July 2017, applicants will need to start a new 457 sponsorship, nomination of visa application form to continue the visa application process.

Financial Changes

Australian visa application fees will be increasing on 1 July 2017. The Government has published information of the exact changes that will occur.

The new Australian visa application fees can be accessed here.

Regulation Changes

A number of regulation changes will be introduced on 1 July 2017 affecting eligibility criteria for Australian visas.

The changes that have been announced so far include the following:

  • Skilled visas: The requisite occupation lists are expected to change and the maximum age requirement will be reduced from 50 years to 45 years.
  • Temporary Work (Skilled)(subclass 457) visas: A number of changes are expected to occur including changes to the eligible skilled occupation lists, requirement for mandatory police checks for visa applicants, change in the training requirements and changes to English language exemptions.
  • Employer Nomination Scheme (subclass 186) visa (ENS visa) & Regional Sponsored Migration Scheme visa (subclass 187) visas: The English language requirement will change for the Transitional visa stream from ‘vocational’ to ‘competent’ English, eligible occupation lists will be amended, and the maximum age requirement of 45 at the time of application will apply to Direct Entry stream applicants and a maximum age requirement of 50 at the time of application will continue to apply to Temporary Residence Transition stream applicants.

We will keep our clients and contacts informed of the upcoming 1 July 2017 changes to the Australian visa program.

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.

Australian citizenship

Australian Citizenship Changes 2017

Australian Citizenship changes 2017- In the wake of the Australian Government’s recent paper “Strengthening the Test for Australian Citizenship,” Prime Minister, Malcolm Turnbull, and Minister for Immigration and Border Protection, Peter Dutton, stated that it is their prerogative to amend the requirements to become an Australian citizen.

The stricter Australian citizenship provisions are intended to include:

1. Residency Requirement:

Increasing the general residence requirement, which means an applicant for Australian citizenship will need to demonstrate a minimum of four years permanent residence in Australia immediately prior to their application for citizenship, with a maximum of 12 months outside of Australia during this time period.

This represents a change from the current requirement which allows time spent in Australia as a temporary resident towards a four year qualifying period and only requires a minimum of 12 months spent as a permanent resident immediately prior to applying.

2. English Language Testing:

Introducing an English language test, which means applicants will need to demonstrate competent English language listening, speaking, reading and writing skills before being able to sit the citizenship test.

3. Australian Values Statement:

Strengthening the Australian Values Statement in application forms for visas and citizenship to include reference to allegiance to Australia and require applicants to make an undertaking to integrate into and contribute to the Australian community.

4. Citizenship Test:

Strengthening the test for Australian citizenship through the addition of new test questions about Australian values, and the privileges and responsibilities of Australian citizenship.

5. Integration:

Introducing a requirement for applicants to demonstrate their integration into the Australian community. Applicants will need to demonstrate their integration into the Australian community by providing, for example, documentation to the effect that people who can work are working, or are actively looking for work or seeking to educate themselves; that people are contributing to the community by being actively involved in community or voluntary organisations; that people are properly paying their taxes and ensuring their children are being educated. Applicants’ criminal records and adherence to social security laws are also relevant.

6. Pledge of Commitment:

Strengthening the Pledge of commitment in the Australian Citizenship Act 2007 to refer to allegiance to Australia; and extending the requirement for individuals aged 16 years and over to make the Pledge of commitment to all streams of citizenship by application, including citizenship by descent, adoption and resumption.

It is noted that the legislation to introduce stricter Australian citizenship provisions has not yet come into effect. The Federal Government has announced that legislation will be put before Parliament towards the end of 2017.

It is also noted that the four-year Australian permanent residency requirement is already in effect and should be met prior to lodging an Australian citizenship application.

The legislation changes mentioned above may also apply retroactively to Australian citizenship applications lodged after 20 April 2017.

Reference:Strengthening the Test for Australian Citizenship,” Australian Government, April 2017   https://www.border.gov.au/ReportsandPublications/Documents/discussion-papers/citizenship-paper.pdf

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.

Long-Term Australian Business Visa for Singaporean Nationals

New Long-Term Australian Business Visa for Singaporean Nationals

The Australian Prime Minister, Malcolm Turnbull, announced a new long-term Australian Business visa for Singaporean nationals during his recent official visit to Singapore earlier this month.

Singaporeans will have exclusive access to a new long-term, multiple-entry visa option by 1 January 2018. This will render it easier for Singaporean nationals to travel to Australia for business and tourism.

The long-term visa will be a separate stream within the Visitor (Subclass 600) visa and will allow eligible Singaporean nationals to travel to Australia for up to three months at a time over a six-year period, with a single application.

In addition to the new long-term business visa, Prime Minister Turnbull announced a new reciprocal arrangement with the Singaporean Government to extend the Work and Holiday visa program. This will enable a maximum of 500 young Australian and Singaporeans to undertake short term work or study within the reciprocal country. The Federal Government announced that the Australia-Singapore Work and Holiday visa arrangement will commence on 1 August 2017.

The new visa arrangements are intended to further boost business and tourism links between Australia and Singapore.

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.

Sponsorship Compliance and 457 Visa Changes

Following Australian Prime Minister Malcolm Turnbull’s announcement on 18 April 2017 that the Temporary Work (Skilled)(subclass 457) visa will be abolished from March 2018, a host of changes to Australia’s work visa program are now being introduced in stages, including subclass 457 sponsorship compliance.

The Australian Federal Government has announced that it will implement sponsorship compliance reforms commencing on 31 December 2017. This includes creating a public database of sponsors sanctioned for failing to meet their sponsorship obligations in accordance with the Migration Regulations 1994 and related legislation.

Meeting Sponsorship Obligations

In order for a business sponsor to prevent breaching their subclass 457 sponsorship obligations and  appearing on a list published by the Department of Immigration and Border Protection (DIBP), the following steps are strongly recommended:

  • Ensure that the business meets the requisite training requirements in each 12 month period of the sponsorship;
  • Ensure that when sponsoring a 457 visa holder the business, or individuals within the business, do not receive a payment or gift for sponsoring the overseas worker;
  • Ensure that the 457 visa holder employee is working in the nominated occupation specified to the Department of Immigration and Border Protection (DIBP);
  • Ensure that the 457 visa holder is paid in accordance with information provided to the DIBP; and
  • Keep records of the 457 visa holder’s employment, such as payslips and leave records.

In addition, as of 31 December 2017 the DIBP will start collecting tax file numbers of 457 visa holders and matching data with Australian Tax Office records to ensure visa holders are being paid their nominated salary.

TSS visa and Sponsorship Compliance

The new Temporary Skills Sponsor (TSS) visa which will replace the 457 visa in March 2018 may be accompanied by reformed sponsorship obligations. For businesses sponsoring overseas workers under the TSS visa, it is important to remain informed of sponsorship obligations.

We will continue to monitor Australian work visa changes and inform our clients and contacts of future sponsorship compliance reforms.

For advice regarding sponsoring workers on a subclass 457 visa and compliance issues, 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.