Year: 2017

Preparing for 1 July 2017 Australian Visa Changes

Posted by Rebecca Berkovic on June 28, 2017

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 Changes 2017

Posted by Rebecca Berkovic on June 13, 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:

New Long-Term Australian Business Visa for Singaporean Nationals

Posted by Rebecca Berkovic on June 13, 2017

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:

Sponsorship Compliance and 457 Visa Changes

Posted by Rebecca Berkovic on June 7, 2017

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:

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:

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.

Disclaimer:

457 Visa Overhaul – A Snapshot of the Impact to an Australian Business

Posted by Rebecca Berkovic on April 26, 2017

Hartman Immigration Lawyers supports any strengthening to the integrity of the Temporary Work (Skilled)(subclass 457) visa program. We also believe in removing exploitation within the system. And we support a replacement of the subclass 457 visa system provided that the new program is tailored to better address skills shortages within the Australian labour market as well as providing flexibility for employers, thereby supporting businesses of all sizes to grow and enabling new technology and innovation to thrive in Australia.

Our concern is that the introduction of the new work visa system in its current state is too restrictive and will have adverse consequences for Australian businesses. Below is an example of how these changes can impact a business and provides an illustration of how these changes may impact upon other business in a similar position to “Company X” below.

Snapshot of potential consequences of the changes – Company X:

Company X is a recently established Australian business manufacturing and selling medical devices and plans to expand into the Brazilian market to sell its Australian product.

The business searches for a technical salesperson within Australia but cannot find an appropriate candidate with the connections, experience and Portuguese language skills to be able to adequately assist the company. However, Company X finds a Brazilian national with the required sales, marketing and language skills to drive Company X’s expansion into Brazil.

Although Company X would prefer to hire an Australian worker to fill the position (all Company X employees are Australian citizens and the company wants to avoid the cost to its business and the sponsorship obligations associated with hiring a worker through the subclass 457 visa program), this company simply cannot find a local employee with the appropriate experience and knowledge.

Accordingly, Company X lodges a subclass 457 sponsorship, nomination and visa application and the sponsorship is approved. Suddenly on 19 April 2017, the relevant occupation of Sales Representative (Medical and Pharmaceutical Products) has been removed and the company withdraws the nomination and visa application, even though the company genuinely needs the visa applicant to expand into the Brazilian market.

Company X then looks at sponsoring the visa applicant as a Sales and Marketing Manager. However, due to the new caveats, the occupation of Sales and Marketing Manager now requires the sponsoring business to have an annual turnover of AUD$1 million and Company X’s turnover is AUD$700,000.

The business cannot sponsor the employee needed to expand the company into the Brazilian market, despite the fact that this expansion may grow Company X’s turnover to the required $1 million threshold as well as create more jobs within Company X for Australian employees.

457 visa program review

The above scenario provides just one example of the consequences of the new work visa system. Whilst we support changes to the 457 visa program which improve its integrity, the new program needs to be reviewed so as to allow Australian businesses the flexibility to respond to genuine skill shortages and provide certainty going forward for employers (and investors).

Disclaimer:

Changes to Australian Work Visas

Posted by Rebecca Berkovic on April 20, 2017

Major changes have been and are in the process of being introduced to Australian work visas and the Employer Sponsored visa program.

Following the announcement by the Federal Government on 18 April 2017 that significant changes would take place to the Australian work visa program, the amendments came into effect yesterday. Changes to both the temporary work visa stream and permanent Employer Sponsored visas will be introduced in stages as follows:

Temporary Employer Sponsored Visas

19 April 2017 Changes

Temporary Work (Skilled)(subclass 457) visas

Current holders of subclass 457 visas will be able to continue to hold their visa until the expiry date. Pending subclass 457 visa applications will be subject to the new occupation lists and applicants no longer eligible for this visa will need to withdraw their applications.

Subclass 457 applications lodged from 19 April 2017 onwards must have an occupation on the new occupation lists.

New Occupation Lists

The Consolidated Sponsored Occupation List (CSOL) has been replaced by the new Medium and Long Term Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL).

As it stands, 216 occupations have been removed from the CSOL, including the more common nominated occupations of Human Resource Adviser, Procurement Manager, Public Relations Manager, Importer or Exporter, Retail Buyer and Web Developer. See enclosed complete removed occupations list.

Occupation Caveats

Caveats have been introduced to 59 occupations on the STSOL. The Department of Immigration and Border Protection (DIBP) has announced that visa applications where the nominated occupation falls within the scope of the ‘caveat’ will not be approved.

A list of the caveats published by the DIBP can be accessed here.

Duration of Visa Grant

Short-Term stream: For visa applicants granted a subclass 457 visa from 19 April 2017 with an occupation on the STSOL, the visa can only be granted for 2 years with only one further extension allowed for another two years. Australian permanent residency through the subclass 186/187 Employer Sponsored scheme will not be allowed.

Medium-Term stream: For visa applicants granted a subclass 457 visa with an occupation on the MLTSSL, it can be granted for 4 years. Visa holders will be able to apply for a permanent 186/187 visa after 3 years on a 457 visa if the employer agrees to nominate the visa holder.

1 July 2017 Changes

From 1 July 2017, the following changes announced by the Federal Government that will be introduced to the subclass 457 visa program include:

English salary exemption $96,400 is to be removed.

Training benchmarks for subclass 457 business sponsors are to set to be changed.

Mandatory penal clearance certificates will be required for all subclass 457 visa applicants.

8 March 2018 Changes

Introduction of Temporary Skill Shortage (TSS) visa

The new Temporary Skill Shortage (TSS) visa will replace the subclass 457 visa from March 2018.

Visa applicants for the TSS will require an occupation on the STOSL or MLTSSL and two years’ relevant work experience.

Permanent Employer Sponsored Visas

19 April 2017

Occupation Lists

Eligible occupations for the Employer Nomination Scheme (subclass 186) visa and Regional Sponsored Migration Scheme (subclass 187) visa on the CSOL have been condensed with 216 occupations removed and 24 occupations restricted to regional Australia.

The CSOL has been replaced with a combined STSOL and MLTSSL for eligible occupations.

1 July 2017

Occupation Lists: The STSOL will be further reviewed based on advice from the Department of Employment. The MLTSSL will be revised based on outcomes from the Department of Education and Training’s 2017-18 Skilled Occupation List review.

English Language Requirement: A requirement of an International English Language Testing System (IELTS) (or equivalent test) score of 6 in each component will be introduced.

Age: For the Direct Entry Stream, a maximum age requirement of 45 at the time of application will be introduced.

For the Temporary Residence Transition stream, a maximum age requirement of 50 at the time of application will continue to apply.

March 2018

Occupation Lists: For the subclass 186 and 187 visas: Only the MLTSSL will apply, with additional occupations available to support regional employers for the RSMS.

Minimum Salary Rate: A minimum market salary rate will be introduced whereby employers must pay the Australian market salary rate as well as meeting the Temporary Skilled Migration Income Threshold.

Age Requirements: All visa applicants must be under the maximum age requirement of 45 at the time of application.

We will continue to provide our clients and contacts with further details regarding changes to Australian work visas and the Employer Sponsored visa program as they become available.

In the meantime, for advice regarding Australian work 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.