VISA UPDATE: Subclass 400 Visa (short term work visa)

You can apply for this visa if you need to enter Australia to undertake one of the following activities:


Highly specialised work

You can apply for this visa to do short-term, highly specialised, non-ongoing work in Australia if you have specialised skills, knowledge or experience that both:

• can assist an Australian business
• cannot reasonably be found in the Australian labour market.
  Highly specialised work is usually work that either:
• is done by people with an occupation listed in Major Groups 1, 2 or 3 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO),
  or
• requires skills and knowledge that are specific to an international company, such as installing imported equipment, after-sales service or emergency repairs

Invited participants

You can apply for this visa if you have been invited by an organisation to participate in a cultural or social event or events on a non-ongoing basis.

The inviting organisation must be both:

• operating lawfully in Australia
• directly responsible for the event or have a formal role in preparing for or conducting it.
• You cannot accept any salary, wages or other remuneration for participating in the event, other than:
• prize money
• appearance fees
• reimbursement for your reasonable expenses of doing the activity
• payments from your non-Australian employer.

You can apply for this visa if you are, for example, a sportsperson participating in specific events or touring as part of a sports team, a public lecturer, an artist, an author or a photographer.

This visa is not intended for business people attending a conference or taking part in meetings or business negotiations. You can apply for a Visitor visa (subclass 600)-Business Visitor stream instead (such as Visitor visa (subclass 600). 

Emergency Workers and Other Exceptional Circumstances

In very limited circumstances, this visa may be granted in Australia’s interest. In these cases, the department needs to be satisfied that the activity identified in the visa application is of national significance.

For example, this visa could be granted to emergency workers to come to Australia after a natural disaster.

NOTE: Your work or activity must be non-ongoing. This means that you can finish the work and activity in three months or less. Do not make arrangements to stay in Australia any longer than that. You also should not agree to being rotated through a position on a short-term basis as one of a number of overseas workers. If the work is ongoing, and even if your contract is less than three months, apply for a Temporary Work (Skilled) visa (subclass 457).

Generally you can stay in Australia for up to three months where required, but depending on your work or activity a longer period of up to six months may be allowed in limited circumstances.

 

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457 Visa changes - visa condition 8107

Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 amends a number of provisions of the Migration Regulations 1994 as listed below:

Schedule 1 - Visa Condition 8107

• This Schedule reduces the time period that a Subclass 457 (Temporary Work (Skilled) visa holder can remain in Australia after ceasing employment with their current sponsor from 90 days to 60 days


•  If 457 holder has not found a new sponsor within 60 days of ceasing that employment, they will be in breach of their visa condition 8107 and their visa may be cancelled.


• This amendment applies to 457 visas granted on or after 19 November 2016.

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Beware of scammers – always seek legal advice

Vulnerable migrants and temporary visa holders are being targeted by scammers pretending to be from the Department of Immigration.

The scammers usually claim that there are problems with the people’s paperwork or visa status and demand money to fix it or otherwise face the consequences, including the risk of deportation and possible arrest of family members.

The Australian Competition and Consumer Commission (ACCC) recently announced that more than 300 reports of this type of activity were referred to it since March this year. The deputy chairwoman, Delia Rickard suggested that the scammers might be obtaining personal information from social media – a valuable reminder for people to take care when communicating via this medium.

 

One tactic used by the scammers is to claim that they are calling from an overseas High Commission or Embassy, and that upon reviewing the person’s visa application it appears that it had been incorrectly filled out and that unless this error was attended to and further fees paid, the person would face the risk of having to leave the country.

 

Obviously these types of calls can be alarming and are purposely designed to prey on the weaknesses of vulnerable individuals within the community.

 

Rather than immediately agreeing to comply with the requests of the caller, the best thing to do when receiving a communication of this type is to indicate that you are not in a position to resolve this problem immediately then ask for contact details in order that you can revert to the caller at a more convenient time. Because it is a scam, in most cases it will be unlikely to get contact details; it is more likely that another call will be made at some other time.

 

As soon as the initial call is completed it is highly recommended that you seek immediate legal advice. The cost of getting professional help involved to represent your interests at an early stage will end up being far more economic than paying money to a scammer.

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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:                                 

https://travel.state.gov/content/visas/en/immigrate/diversity-visa/instructions.html

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!

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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. 

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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.

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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.

 

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