Category: Entrepreneur visas

INCREASE IN AUSTRALIAN VISA APPLICATION CHARGES FROM 1 JULY 2024

Posted by Rebecca Berkovic on July 15, 2024

The Australian Government has increased visa application charges applicable from 1 July 2024.

The visa application charge increases are outlined in the table below:

Visa Type	Previous Visa Application Charge	1 July 2024 Visa Application Charge
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)	AU$1,455	AU$1,495
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)- Secondary Applicants Over 18	AU$1,455	AU$1,495
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)- Secondary Applicants Under 18	AU$365	AU$375
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)	AU$3,035	AU$3,115
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)- Secondary Applicants Over 18	AU$3,035	AU$3,115
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)- Secondary Applicants Under 18	AU$760	AU$780
Employer Nomination Scheme (Subclass 186)	AU$4,640	AU$4,770
Employer Nomination Scheme (Subclass 186)- Secondary Applicants Over 18	AU$2,120	AU$2,385
Employer Nomination Scheme (Subclass 186)- Secondary Applicants Under 18	AU$4,710	AU$1,190
Temporary Work (Short Stay Specialist) (subclass 400)	AU$405	AU$415
Visitor Visa– business stream (Subclass 600)	AU$150	AU$195
Global Talent (subclass 858)	AU$	AU$4,840
Student and Guardian (Subclass 500 & 590)	AU$710	AU$1,600
General Skilled Migration (Subclass 189, 190, 491, 494)	AU$4,640	AU$4,765
Graduate Temporary Subclass 485	AU$1,895	AU$1,920
Partner (Subclass 300, 820/801, 309/100)	AU$8,850	AU$9,095
Parent (Contributory) first instalment The Second Visa Application charge for the Contributory Parent visa (143 visa) will remain the same	AU$420 – $4,765	AU$430 to $4,895
Business Migration (Subclass 188A, 188B)	AU$9,450	AU$9,710

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

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Australian Visa Changes Announced in the 2024/2025 Federal Budget

Posted by Rebecca Berkovic on May 22, 2024

The Australian Government released the 2024/25 Federal Budget on 14 May 2024 which contained several immigration updates and proposed visa changes to be introduced in the new financial year. The Government stated that it will allocate 185,000 places to the permanent migration program with over 70% allocated to the Skilled visa stream.

The following immigration reforms were proposed:

Changes to the Temporary Skill Shortage (TSS) (subclass 482) visa

The Temporary Skill Shortage (subclass 482) visa will require only one year of relevant work experience from 23 November 2024 as opposed to the current requirement of two years’ work experience.

Changes to the Business Innovation and Investment Visa and Global Talent Visa

The Business Innovation and Investment Visa as well as the Global Talent Visa will be replaced by the National Innovation Visa, the criteria for which has not yet been announced. The new National Innovation Visa is set to be introduced later in 2024. This visa will target exceptionally talented applicants who can contribute to growth in sectors of national importance.

Changes to the Work and Holiday visa for Chinese, Vietnamese & Indian Nationals

New regulations will be introduced for Work and Holiday Visas for China, Vietnam, and Indian nationals in which a pre-application ballot process to regulate program demand is set to be introduced.

Introduction of the Mobility Arrangements for Talented Early-professionals Scheme (MATES) Visa for Indian Nationals

The new Mobility Arrangements for Talented Early-professionals Scheme (MATES) will be rolled out, commencing on 1 November 2024 for 3,000 young professionals from India aged 18 to 30 years old, possessing expertise in targeted fields of study. Visas will be subjected to a ballot process and will permit a stay of up to two years in Australia.

5. International Student Visa Changes:

The Federal Government has also announced plans to collaborate with international education providers to limit the number of international students enrolled at any given time. New regulations are intended to tie the number of international students a university can enroll to its available student housing, aiming to alleviate pressure on the housing market.

The Migration Strategy released by the Federal Government back in December 2023 proposed the introduction of a new Skills in Demand visa intended to replace the existing TSS subclass 482 visa. However, the 2024/2025 Budget does not provide details on its timeline for implementation. There are also no details on major changes to existing permanent employer-sponsored and skilled migration pathways.

We will continue to update our clients and contacts with Australian immigration and visa changes as they are introduced by the Australian Federal Government.

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australian-government-new-migration-strategy

New Migration Strategy Released by the Australian Government

Posted by Rebecca Berkovic on December 14, 2023

The Australian Government released its new Migration Strategy on 11 December 2023 as part of its extensive Review of the Migration System. The long-term migration strategy aims to increase the number of permanent skilled migrants with ‘in demand skills and occupations’ to Australia, decrease the number of temporary residents and crack down on non-genuine overseas student course providers and migrant worker exploitation.

The Australian visa reforms have already begun to be introduced.

The key actions set out by the Australian Government in the Migration Strategy include the following:

1. Targeting temporary skilled migration to address skills needs and promote worker mobility

A new Skills in Demand visa with three targeted pathways, and visa settings that encourage migrant worker mobility in the labour market. New commitments include:

A new Specialist Skills Pathway to make it easier for Australia to attract highly skilled workers, for example in the technology or green energy industries
A Core Skills Pathway to meet targeted workforce needs, with a simpler, regularly updated occupation list for the skills Australia needs
New visa settings that give migrant workers more mobility in the labour market to help tackle worker exploitation and drive productivity
Streamlined labour market testing and visa processing.

The current Temporary Skills Shortage Visa 482 will likely be replaced by a new 3-tiered system based on earnings (visas granted for up to 4 years):

Specialist Skills Visa Pathway: For highly skilled applicants earning a salary above $135,000. No occupational list is required for this pathway, and processing turnaround time is intended to be only 7 days. Capped at 3,000 places per year.
Core Skills Visa Pathway: This pathway will provide the majority of visas for the program, for applicants earning $70,000 – $135,000. Applicants are eligible based on a revised ‘skills in demand list’ developed by Jobs and Skills Australia, including trades workers.
Essential Skills Visa Pathway: A new pathway with union oversight is being planned for specific sectors, such as aged care and disability. The details including the minimum salary threshold of $70,000, are yet to be determined.

2. Reshaping permanent skilled migration to drive long-term prosperity

A commitment to explore a reformed points test for permanent skilled migration, and a new Talent and Innovation visa for migrants who can drive growth in sectors of national importance.

3. Strengthening the integrity and quality of international education

A package of integrity measures to lift the standards for international students and education providers, while ensuring graduates help meet skills shortages and do not become ‘permanently temporary’.

New commitments include:

Higher English language requirements for international students and graduates
More scrutiny of high-risk student visa applications and a $19m investment into the Home Affairs student visa integrity unit
Restrictions on onshore visa hopping that undermines system integrity and drives ‘permanent temporariness’
Strengthened and simplified Temporary Graduate visa settings
Measures to support international students and graduates to realise their potential.

4. Tackling worker exploitation and the misuse of the visa system

A comprehensive suite of legislation, powers, penalties and policies to combat worker exploitation and restore integrity to the migration system.

New commitments include:

A new public register of employer sponsors to improve integrity and support migrant worker mobility.

5. Planning migration to get the right skills in the right places

A longer-term, evidence-based approach to planning migration that closely collaborates with states and territories and ensures population planning is based on the best available population data and forecasts.

New commitments include:

A new approach to planning permanent migration over the long-term and greater state and territory collaboration on net overseas migration forecasts.

6. Tailoring regional visas and the Working Holiday Maker Program to support regional Australia and its workers

A new direction to ensure visas for regional Australia are prioritised first, and a commitment to evaluating regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to worker exploitation.

New commitments include:

A new direction to ensure regional visas receive the highest priority visa processing

7. Deepening Australia’s people-to-people ties in the Indo-Pacific

A new approach to developing people-to-people links with our region, including through a direct pathway to citizenship for New Zealanders and increased mobility with Pacific Island and Southeast Asian countries.

8. Simplifying the migration system to improve the experience for migrants and employers

A system-wide simplification agenda that will streamline visa settings, reduce visa classes and make the system easier to use.

New commitments include:

The removal of 20+ unnecessary and duplicative visas to simplify the visa system.

We will continue to update you as the new Migration Strategy is implemented incrementally by the Australian Government.

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Eight Major Australian Visa Changes Occurring in July 2023

Posted by Rebecca Berkovic on July 7, 2023

On 1 July 2023, the Australian Government introduced a series of changes to the Australian visa system. The changes will affect Australian visas in the following ways:

Change 1- Increase in Temporary Work Visas Salary Threshold

The Temporary Skilled Migration Income Threshold for the Temporary Skill Shortage (TSS)(subclass 482) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas has increased from AU$53,900 to AU$70,000 for nominations lodged from 1 July 2023.

Change 2- Work Restrictions for Student Visa Holders

From 1 July 2023, work restrictions for Student visa holders will be re-introduced with a cap of 48 hours per fortnight.

However, an exception to the 48-hour work limitation will apply to Student visa holders already working in the aged care sector on 8 May 2023. These Student visa holders will have unrestricted work hours.

Change 3- Temporary Graduate (subclass 485) Visas Changes

International students in Australia who have completed their degree in Australia in the field of health, teaching, engineering or agriculture may access extended subclass 485 visas from 1 July 2023. Acceptable qualifications must be on the prescribed list.

Visa periods will be increased to:

4 years for select Bachelor Degrees
5 years for select Masters degrees
6 years for all Doctoral degrees

First time applicants will be granted a visa with an additional period of two years added to the standard visa period.

Change 4- Work and Holiday Makers

As of 1 July 2023, Papua New Guinea became the newest participant in the Working Holiday Maker (WHM) Program, enabling up to 100 citizens of PNG to journey to Australia using the Work and Holiday (subclass 462) visa. Individuals who have completed a minimum of two years of post-secondary study in Papua New Guinea can now apply for the Work and Holiday visa.

For citizens from the United Kingdom, the age limit for the Working Holiday (subclass 417) visa has been extended from 30 to 35 years old.

In the context of the WHM Program, as of 1 July 2023, Condition 8547 has also been reintroduced for participants of the program. This condition applies to individuals holding either subclass 417 or subclass 462 visas and restricts visa holders from working with a single employer for more than six months. Relevantly, this change does not apply retrospectively, and any work carried out by a WHM prior to July will not be counted towards their six-month limit with the same employer.

Change 5- India-Australia Agreement

The Economic Co-operation and Trade Agreement between India and Australia commenced on 1 July 2023 with the following benefits:

Indian citizens are now eligible to apply for Work and Holiday visas.
Increased Post Study Work visa periods have been introduced for Indian citizens. Indian students graduating in Australia will be eligible for post study work visas as follows:
- upon completion of diploma or trade qualifications- stays of up to 18 months
- upon completion of bachelor degree (including honours)- stays of up to 2 years
- upon completion of masters by research and masters by coursework- stays of up to 3 years
- upon completion of doctoral degrees- stays of up to 4 years.
- Additional year of stay for high-performing STEM bachelor degree graduates (extended from 2 years to 3 years)

Change 6- Increased Immigration Target

On 1 July 2023 the Australian Government increased its intake of permanent migrants to 195,000 for this financial year, up by 35,000, in a bid to help businesses and industries battling widespread staff shortages and reduce reliance on short-term workers.

Change 7- Australian Citizenship for New Zealand Nationals

From 1 July 2023, New Zealand citizens who have been living in Australia for more than four years and arrived in Australia after 26 February 2011 will be eligible to apply directly for Australian citizenship without having to apply for a permanent visa. These changes apply only to New Zealand citizens holding a Special Category (subclass 444) visa (SCV). Protected SCV holders will continue to be eligible to apply directly for Australian citizenship.

From 1 July 2023:

All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes
New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022
New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.

The above provisions will apply to New Zealand citizens in Australia. It will also apply to New Zealand citizens who are overseas but held an SCV immediately before last leaving Australia.

These provisions will apply to citizenship applications submitted after 1 July 2023.

Change 8- Increase in Governmental Visa Application Fees

From 1 July 2023, Australian Department of Home Affairs (DHA) governmental fees increased with visa application charges increasing from between 6 and 40 per cent across various visa categories. Some of the new governmental visa application charges include:

Visa Type	Subclass	Before	From 1st July 2023
Partner visa (Onshore / Offshore)	820/801 & 309/100	$8,085	$8,850
Skilled visas	189 / 190 / 491	$4,240	$4,640
Graduate	485	$1,730	$1,895
Student	500	$650	$710
Visitor (Onshore)	600	$380	$475
Visitor (Offshore)	600	$150	$190
Working Holiday Maker	417 / 462	$510	$635
Temporary Skill Shortage (Short Term)	482	$1,330	$1,455
Temporary Skill Shortage (Long Term)	482	$2,770	$3,035
Employer Nomination Scheme (ENS)	186	$4,240	$4,640
Significant Investor stream	188	$9,195	$13,860
Significant Entrepreneur stream	188	$4,240	$6,395
All other applicants	188	$6,270	$9,450

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

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What Businesses can Expect from the Redesign of Australia’s Migration System

Posted by Rebecca Berkovic on May 9, 2023

The Australian Minister for Home Affairs, the Hon Clare O’Neil, released a final report last week entitled ‘Review of the Migration System’ (the ‘Review’) which features 190 pages of analysis of the current operation of the Australian visa system. The Review provides recommendations and suggestions for migration reform and redesign, some of which will be introduced over the next several months.

What can Australian businesses employing overseas workers expect from the Review, redesign and anticipated reforms?

Here is a summary of the proposed reforms highlighted by the Minister for Home Affairs:

Proposed Reforms: Work Visas

Remove the requirement for labour market testing from Temporary Skill Shortage (TSS)(subclass 482) visas. The Review recognises that labour market testing is an ineffective tool for identifying true labour market need; and the cause of unnecessary delays in recruitment in genuine areas of skills shortage that have already been identified by Jobs and Skills Australia (JSA).
Increase the Temporary Skilled Migration Income Threshold (TSMIT), index it to the Wage Price Index, and consider the adoption of age adjusted thresholds.
Temporary Skilled Migration: Adopt risk-based regulation of temporary labour migration, with three tiers:

1. a ‘light touch’ high salary cohort;

2. a ‘mid-level cohort’ (above the TSMIT, below the high-salary threshold of cohort 1); and

3. subject to further consideration across government, a lower wage cohort in sectors experiencing persistent shortages and who are most at risk of exploitation and displacing Australian workers with similar skills.

Plan migration based on net overseas migration (which accounts for both permanent and temporary residents), rather than simply relying on permanent migration caps. The Review states that Australia does not want to become a nation of ‘permanently temporary’ residents and therefore proposes to enable temporary work visa holders with occupations on the short-term list to apply for permanent residency.
Allow temporary migrant workers to move from their current employment to find work with another employer within the same sector or job family. Migrants could have up to 6 months to find new employment as opposed to the current 60 days.
Require employer fees and charges to be paid monthly, rather than up-front, to facilitate mobility between employers and increase access for small business by reducing up-front costs.
The Review recognises that the Skilled Occupation Lists underpinning the Employer Sponsorship programs are outdated and lack a strong evidence base. The Review states that the occupation lists do not reflect current or anticipated skilled labour needs, including to support the transition to a net-zero economy or to build critical and sovereign capabilities.
Provide migrant workers with targeted training on workplace laws and conditions based on the Pacific Australia Labour Mobility (PALM) scheme model.
Improve post-arrival monitoring and compliance including through coordination with the tax system, using tax file numbers (TFN) and single-touch payroll.

Proposed Reforms: Global Talent & Skilled Visas

The Review proposes to consider changes to the existing Global Talent visa to improve clarity in the selection criteria and remove the need for a nomination. The review recognises that there is growing international competition for highly skilled migrants and Australia risks falling behind without more innovative and attractive visa products and service delivery in this space.
Recalibrate the points test for Skilled visas to select migrants with high human capital who will make the greatest long-term economic contribution.
A new permanent visa open to lower skilled workers, the Pacific Engagement Visa, will commence in July 2023 with 3,000 places available. Primarily intended to build Australia’s ties with our Pacific neighbours, entrants must meet English language and age requirements and have a job waiting on arrival in Australia.

Proposed Reforms: Business & Investment Visas

Reconsider the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.
The Review suggests consideration be given to whether the BIIP is retained as a substantial program. The Government notes that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP.
If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.

Proposed Reforms: Working Holiday Visas

Ensure the primary focus of the Working Holiday Maker program is cultural exchange and does not operate to tie migration outcomes to the performance of work.
Subject to Australia’s obligations under trade and other international agreements, consider limiting Working Holiday Maker (WHM) visas to one year.

Proposed Reforms: Student Visas

Review the Student visa working hours cap, including whether unpaid work-integrated-learning, internships and work experience are counted towards the cap.
Provide a Temporary Graduate visa which will be automatically granted upon study completion without the need to apply for certain Student visa holders.

Proposed Reforms: Regional Visas

The Review states that regional visa programs, and the migration system more broadly, have not been effective in encouraging migrants to settle in regional Australia.
Migration should be part of a holistic approach to addressing regional population and labour needs. Better planning, housing, infrastructure and service provision will make regions more attractive to both Australians and migrants.

Proposed Reforms: Internal Departmental Systems

Proposed improvement of Department of Home Affairs’ technology system: the Review states that current ICT systems lack flexibility and responsiveness, and new technology has not been adopted.
Improving visa processing times across the board will be given priority.

The Minister of Home Affairs has recognised that “There is growing international competition for highly skilled migrants and Australia will need to sharpen its approach to attract migrants able to meet our future needs.”

We will continue to update our clients as the above-mentioned reforms are introduced to the Australian migration system and as an overhaul of Australian visas is rolled out over the next several months.

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

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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.

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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.

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

Posted by Rebecca Berkovic on July 13, 2016

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.

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Australian Government Announces New Entrepreneur Visa

Posted by Rebecca Berkovic on December 7, 2015

The National Innovation and Science Agenda

The Australian Government has introduced the National Innovation and Science Agenda. The aim of the Agenda is 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 Government has recognised that innovation and science are crucial for the development of the Australian economy, and will introduce reforms to enable expansion in these areas.

Introduction of an Entrepreneur Visa

As part of the National Innovation and Science Agenda, the Australian Government has announced that, as part of the reforms, a new Entrepreneur visa will be introduced.

The Government will create:

A new provisional Entrepreneur Visa for entrepreneurs with innovative ideas and financial backing, and a pathway to permanent residence; and
Pathways to permanent residence for postgraduate research graduates with STEM (Science, Technology, Engineering and Math) qualification will be enhanced.

The Government has announced that the new Entrepreneur visa will be introduced in November 2016 and the permanent residence pathways for postgraduate research graduates will come into effect in December 2016.

The exact provisions of the Entrepreneur visa and postgraduate pathways are yet to be announced.

We will keep our clients and contacts updated regarding the new Entrepreneur visa and visa pathways. For more information, please feel free to contact the author to discuss the most appropriate visa options by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.