Employment Workplace Relations

Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Corporate and Business Law

The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.

Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

Mediation

Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.

Property Law

Nevett Ford has been conveying Victorian property for more than 150 years.

Monday 24 October 2016

U.S. Diversity Lottery (“Green Card” Lottery) Applications Close on November 7, 2016

Want to make a permanent move to the United States and don’t know how? Apply for the Diversity Lottery (“Green Card” Lottery) now for your chance to make your U.S. dream come true! The U.S. Government grants 50,000 permanent resident cards each fiscal year in this lottery. 

Be aware that there are numerous Diversity Lottery websites set up by third party providers.  While they may offer legitimate services in connection to a Diversity Lottery application, if you use the official government website for your application, there is no filing fee associated with your application and you will be directly contacted if you are selected for further processing in May 2017.

Go to:                                 
Reminder:  Applications will close on Monday, November 7, 2016 at 12:00 noon, Eastern Standard Time (EST) (GMT-4).

Feel free to contact us for further information or to set up a consultation to discuss your U.S. visa options with you.  Good luck!

Parent Visa options - Australia


The Australian visa system has six classes of visas that people may be eligible to apply for if they are wanting to assist their parents to migrate to Australia.

Currently, there are two options for Parents wanting to be sponsored by their children to live in Australia.

Option 1 – Apply for an Aged Parent visa (subclass 804) or Parent visa (subclass 103)

This option has a very long waiting period for the visas to be processed, the Department of Immigration & Border Protection is currently advising that it could take up to 30 years for one of the above visas to be granted.

Option 2 – Apply for a Contributory (temporary) Parent visa (subclass 173) or Contributory (temporary) Aged Parent visa (subclass 884)

When applying for this visa, it is a two stage process. If the requirements are met, you will be issued with your temporary visa and will then have two years to apply for your corresponding permanent visa.

The permanent visa’s are the Contributory Aged Parent visa (subclass 864) and the Contributory parent visa (subclass 143) depending on the age requirements.

The contributory parent visas have much higher visa application charges, and can be in excess of $45,000 for each applicant.

What is the difference between the aged parent visas, and the parent visas?

Depending on the age of the applicants, they will need to apply for a visa in respect to their current age.

To be eligible to apply for an aged parent visa, you will need to be eligible for the ‘Aged Pension’ in Australia.

This is the age requirements.

What are the requirements?

  • You must have a child who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen who is willing to sponsor you
  • Your child must of been lawfully resident in Australia for at least two years
  • Meet the age requirements as set out by the regulations
  • Meet the balance of family test
  • Meet health and character requirements

What is the balance of family test?

In order to be eligible to apply for any parent visa, you will need to be able to prove that you satisfy the balance of family test.

The balance of family test is used by the Australian government to measure your connection and ties to Australia.

You meet the balance of family test requirement if you either:

  • Have at least half (or 50%) of your children that live permanently in Australia
  • More of your children live in Australia permanently than in any other country.

Please note: you and your partners children are included in the test which includes step children and adopted children.

Nevett Ford Lawyers can assist with all aspects of the application process.  Contact us today for further information and advice. 

The Temporary Work (Skilled) visa (subclass 457) visa

The subclass 457 visa is the most common visa Australian employers use to sponsor skilled workers from overseas.


It allows visa holders to work for up to 4 years under the sponsorship of their employer. The business that sponsors an overseas skilled worker must be an approved Standard Business Sponsor to be able to sponsor someone to work on a 457.


The subclass 457 visa is a three stage process:


First Stage: The business must apply to become a Standard Business Sponsor to be able to nominate an overseas skilled worker in their company.


Second Stage: The approved business sponsor is required to lodge a nomination for a position in the business that is required to be filled.


Third Stage: The prospective 457 visa applicant needs to make an application for a subclass 457 visa.


Nevett Ford Lawyers can assist with the entire process and guide you through the various legislative requirements.  Contact us today for more information and advice.

Wednesday 19 October 2016

Subclass 187 Regional Sponsored Migration Scheme visa

The 187 regional Sponsored Migration Scheme visa is designed for skilled workers who wish to work in a regional area in Australia. The RSMS helps businesses in regional, remote or low population growth areas, outside the major metropolitan centres to recruit skilled workers to fill positions that are unable to be filled from the local labour market. This is a permanent residence visa.

You can only apply for the 187 RSMS visa if your nominated position is located in regional Australia. Your sponsoring employer must also be actively and lawfully operating its business in this regional area. Regional areas are basically areas that are outside the major metropolitan centres of Brisbane, Gold Coast, Sydney, Newcastle, Wollongong and Melbourne. The good news is that the whole South Australia, Western Australia, Australian Capital Territory, Tasmania and Northern Territory are classified as regional areas. For eligible postcodes that is outside of the major metropolitan areas, please check here.

This visa allows you to work in Australia under one of the three streams:

  • the Temporary Residence Transition stream
  • the Direct Entry stream
  • the Agreement stream.
The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer (who is not subject to a labour agreement and who has lodged a valid nomination with us under the Temporary Residence Transition stream), who wants to offer them a permanent position in that occupation.
The Direct Entry stream is for people who have been nominated by their employer under the Direct Entry stream people who have never, or only briefly, worked in Australia temporary residents who do not qualify for the Temporary Residence Transition stream.
The Agreement stream is for subclass 457 visa holders nominated by an employer through a labour agreement.
Your role must be in a regional area and your nominating employer needs to operate their business in the regional area. Although the employer doesn’t need to only operate their business in this area, or have their registered head office in the regional area. As the nominee, you don’t have to live in the regional area. You can travel to the regional area for work purposes. However, you can’t perform your role remotely. You need to be physically in the regional area to perform your role. For example, if your occupation is IT based, and you’ve been offered a role in Ballarat but you’re able to perform this remotely from Melbourne. You are not eligible to lodge the RSMS visa.
If your role requires you to work in several locations, each of these location must be located within a regional area. Occasionally travelling to non-regional areas for meetings, presentations, training etc. is allowed. But if you need to regularly work outside of regional areas, then the nomination application won’t be approved under the RSMS pathway.
For more information or if you need assistance with a 187 RSMS Visa, contact us at Nevett Ford Lawyers.

 

Australian visas - Skills Assessments

Skills Assessment

Having your skills assessed is a requirement for skilled migration to Australia under points tested, employer nomination, graduate migrant and temporary graduate visas.

You must provide a positive skills assessment at the time of invitation and lodgement that is relevant to your nominated occupation.

Skills assessments can be confusing and complicated as there are different assessing authorities for different occupations. Currently there are 3 types of skills assessments.

  1. Full Skills Assessment;
  2. 485 Skills Assessment, and;
  3. 457 Skills Assessment.

Full Skills Assessment

A full skills assessment is assessed based on the qualification and relevant work experience. This assessment must be used for Points Test Skills Migration visa and Employer Nominated visas.  For doctors, evidence of full registration is a suitable skills assessment for Points Tested Skilled Migration and Employer Nominated visa. A skills assessment is only valid until the expiry date specified on the assessment, or when a period of three years from the date of issues has elapsed, whichever occurs first.

485 Skills Assessment

This is a provisional assessment issued to recent graduates who has studied in an Australian institute. The primary difference is that a subclass 485 skills assessment does not require the applicant to demonstrate work experience in the assessing occupation. A subclass 485 provisional skills assessment is not suitable for Points Tested Skilled Migration, Employer Nomination and 457 visas.

457 Skills Assessment

Usually there is no skill assessment requirement for 457 visas.  Although due to recent changes, trade occupations from certain countries and various occupations are required to obtain a skills assessment. This assessment must be assessment by relevant authorities and it is not suitable for Points Tested Skills Migration and Employer Nomination visas.

It is important to understand which skills assessment is required for the visa you are applying.  If you need assistance with a skills assessment, contact us at Nevett Ford Lawyer.

 

Sunday 16 October 2016

South Korean family facing deportation fights to stay in Queensland

A Gold Coast-based family from South Korea faces deportation unless Immigration Minister Peter Dutton intervenes in their case and allows them to stay in Australia.

Leo Choi and Joanne Moon arrived in Australia with their son Phillip on student visas in 1995.
Their daughter Amy was born the following year.


In 1998 the family moved back to South Korea and returned on a business visa in 2005.
They applied for permanent residency but were refused. Last year they were granted visitor visas, which expire on November 2.


So far more than 28,000 people have signed a petition calling for Mr Dutton to intervene.


"It is very tiring and it is very stressful, especially the uncertainty," Phillip Choi, now 21, said.


He lives in Robina with his sister Amy, now 19, and their parents — Leo and Joanne.


"Our entire future is in the hands of the department and the Minister's signature," he added.
Former Robina State High School captain Phillip, and sister Amy, both graduated with OP-1s, which ranked them in the top 2 per cent of Queensland students.


While they flourished academically their parents failed to secure permanent residency.
"Australia has shaped our values. It's shaped who we are," Phillip said.


"We've grown up here. All of our family and friends are here."


Amy added: "We aren't trying to queue jump, but if it comes across that way I'm sorry, but this is the only option left for us to go through."


Friend Kate Garland said the community had rallied around the family.


"They're Australian, they always have been and there's no reason for them to be deported," she said.
Another friend, Christie Bemportato, said she would be devastated if they were deported.
"I work with them at Bunnings and they have just always been helpful and polite and friendly and they always have smiles on their faces," she said.


McPherson MP Karen Andrews, who has written to the Immigration Minister on the family's behalf, said Mr Dutton was aware of their case.


"He deals with these matters on a daily basis and I am very confident that he will consider all of the information and make a decision, taking into consideration all of the facts," she said.
But it seems the chances of an intervention are slim.


"Last year the former Assistant Minister granted visas with work rights valid for six months so the family could apply for other substantive visas to remain in Australia. They did not do so," a spokesperson for Mr Dutton said in a statement.


"People with no legal basis to remain in Australia are expected to depart."


SOURCE: Thomas Forbes, ABC News

Thursday 13 October 2016

Business visa seminar for Latrobe University


On 14 September 2016, Nevett Ford Lawyers Melbourne held another successful business visa seminar for Latrobe University trainees. The seminar was presented by Ms. Helen Zheng (Senior Lawyer).  This seminar follows several other business visa seminars presented by Ms Zheng to potential clients.  
 
The seminar attendees were from top financial institutes in Shanghai.
 
During the seminar Ms Zheng introduced and explained all types of migration visas including:-
  • Business Migration
  • General Skilled Migration
  • Family Migration
  • Corporate Migration
  • Refugee Migration
Ms Zheng’s main focus for this particular seminar was to explain the business visa requirements in detail, including:-
 
Provisional Visas
  • 188A Business Innovation Stream
  • 188B Investor Stream
  • 188C Significant Investor Stream
  • 188D Premium Investor Stream
  • 188E Entrepreneur Stream 
Permanent Visas-Business Talent Visas
  • 132A Significant Business History (Permanent) Visa
  • 132B Venture Capital Entrepreneur (Permanent) Visa
Permanent Visas-Business Innovation and Investment Visas
  • State Nominated Business Innovation (Permanent) visa (subclass 888A)
  • State Nominated Business Investor (Permanent) visa (subclass 888B)
  • State Nominated Significant Investor (Permanent) visa (subclass 888C)
  • State Nominated Premium Investor (Permanent) visa (subclass 888D)
  • State Nominated Entrepreneur (Permanent) visa (subclass 888E)
Permanent Visas-Business Skills Visas
  • State Sponsored Business Owner visa (subclass 892)
  • State Sponsored Investor visa (subclass 893)
After the presentation, many of the professionals in financial areas from Shanghai actively discussed the migration options with Ms Zheng.
 
About Our Company
 
Nevett Ford Lawyer is a Melbourne based law firm. Our history can be traced back to the 1850's when first established on the goldfields of Ballarat
 
Our company's philosophy is based on providing personalised, friendly and prompt delivery of high quality professional services at reasonable fees
 
Nevett Ford is a member of Law Australasia, a coalition of 19 law firms with affiliated offices throughout Australia
 
Our Migration Team’s Competitive Advantages are:
  • We have one Accredited Immigration Law Specialist, four experienced Senior Lawyers and two Australian Registered Migration Agents.
  • We have a high level of experience in Subclass 188 (888) Business Visa Applications, Subclass 457 (186) Work Visa Applications, Partner Visa Applications, Parent Visa Applications, Subclass 400 Temporary Visas as well as Visa Appeals (Administrative Appeals Tribunal) when a client has lodged their own application and been refused.
  • We have 2 Australian Lawyers currently based in Beijing and Hong Kong
  • We have Mandarin and Cantonese speakers in our team
  • We have held several Business Visa Seminars (approximately 40 attendees per time) for prospective clients.
If you have any migration matters that we could assist with please contact us by telephone +61 3 9614 7111 or by email: azhang@nevettford.com.au

Australia to commence consultations for the new 5-year temporary Parent Visa


The Australian Government has announced that community consultations are about to commence to develop a continuous 5-year temporary visa for parents of Australian citizens or permanent residents. The visa, which the Coalition had promised during the election campaign in June, is set to take effect on July 1, 2017.

At present parents of Australian citizens or permanent residents can apply for a 5-year visitor visa but can only spend up to 12 months in the country in any 18-month period and the visa is offered on a case-by-case basis to applicants who have lodged a concurrent permanent parental visa application. Otherwise the visa is for a 12-month period only.

The announcement comes after the Productivity Commission released a report that suggested supporting parents of immigrants cost the country too much at between $2.6 billion and $3.2 billion over their lifetimes.

The commission recommended an overhaul of the visa scheme, proposing among other changes that families of non-contributing parents paid for private health insurance and provided financial guarantee so they would not be a burden to the Australian government.

Tuesday 4 October 2016

Luxembourg & San Marino to be added to Work and Holiday visa eligible countries for travel to Australia


Two new Memorandums of Understanding have been signed to establish reciprocal Work and Holiday visa arrangements with San Marino and Luxembourg. Each arrangement will allow up to 100 young adults from Australia and the partner country to enjoy a holiday in each other's country, during which they can undertake short term work and study.