Employment Workplace Relations

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

Tuesday, 22 April 2014

ARE YOU DECISION READY?

  When processing visa applications the Department of Immigration makes it clear that it prefers to see them "decision ready". This means that applicants need to be aware of all the criteria needed to satisfy the visa which has been applied for and then turn their minds to presenting evidence which  will support their case.  The rationale behind the decision ready concept is obvious - the better prepared the application is, the quicker it can be processed - thereby leading to a "win win" for both the applicant and the Department. However,  "decision...

Monday, 21 April 2014

DIBP Credit Card Surcharge Fees Now in Effect

The Department of Immigration and Border Protection (DIBP) credit card surcharge fees now in effect from 19 April 2014. The purpose of the surcharge fees enables DIBP to recover credit card merchant fees from applicants using credit card payments with the exception of payments made in Singapore or New Zealand. This surcharge will apply to all clients (both in Australia and outside Australia) who pay by credit card for any Australian visa application charge and other related DIBP fees both online and at a departmental office. Any...

Sunday, 13 April 2014

Australian Bureau of Statistics - March key figures

MARCH KEY POINTSTREND ESTIMATES (MONTHLY CHANGE) Employment increased to 11,531,600. Unemployment increased to 730,400 from a revised February 2014 estimate. Unemployment rate increased by less than 0.1 pts to 6.0%. Participation rate remained steady at 64.7%. Aggregate monthly hours worked increased 2.8 million hours (0.2%) to 1,615.6 million hours. SEASONALLY ADJUSTED ESTIMATES (MONTHLY CHANGE) Employment increased 18,100 to 11,553,200. Full-time employment decreased 22,100 to 8,029,100 and part-time employment increased 40,200 to...

PUBLIC INTEREST Criteria 4020 - PIC 4020

In a recent online student visa application the provision of in advertent incorrect information, which represented a mere typographical error, has incurred not only a refusal but also a three year re-entry ban in light of PIC 4020. This highlights the importance of PIC 4020 which now applies to the following visa categories: skilled migration business temporary visas student visas family visas The unreasonableness of the decision has prompted a request to vacate it. Watch this space for updates on this issue...

Monday, 7 April 2014

SkillSelect

SkillSelect is the Australian Government’s online system for administering key visas in its skilled migration program. SkillSelect was introduced on 1 July 2012. The system requires people who want to migrate to Australia under the Skill Stream of Australia's migration program to submit an Expression of Interest (EOI) via SkillSelect. Intending migrants can also use SkillSelect to express interest in finding an employer who will sponsor them. SkillSelect regularly (approximately monthly) invites eligible intending migrants who have submitted...

Sponsoring a Child to Australia - adoption visa, child visa, orphan visa

If an Australian or New Zealand citizen, or permanent resident wishes to make a migration application for a dependent child, stepchild, or orphaned relative – or is submitting a visa application on behalf of a child whom a person has adopted from overseas – certain requirements must be met in order for the child’s visa to be approved. Depending on the status of the relationship between the parent and the child, an application for the right visa subclass must be submitted in order to ensure the visa application has every chance for success. Making...

457 Sponsor Monitoring & Audits

The experienced team of immigration lawyers at Nevett Ford can assist and advise your business about the minefield of obligations and undertakings associated with sponsoring an overseas worker on a subclass 457 visa.   Once a candidate moves into a business on a 457 visa, we can guide you throughout the length of the sponsorship to ensure that your business fulfils its duties as required by the Department of Immigration & Border Protection (DIBP) and the Australian Federal Government. We can assist...

Stop Attacking Skilled Migration - Minister for Australian Immigration, Scott Morrison MP

DIBP Minister, Scott Morrison, has called on the Labor Party to stop attacking skilled migration, following a recent change to the sponsoring of 457 visa holders. The change in question, described by Minister Morrison as being “quite minor”, involves approved sponsors of 457 visas having to fill out less paperwork when they have reached a certain number of employees, and instead, every 457 employee must satisfy the current tests required when finding an Australian to do the job first. His defence of such a change was that it will save the time...

Investigation into the 457 Visa Program announced by minister of Australian Immigration, Scott Morrison MP

The assistant to the minister of Australian Immigration, Michaelia Cash, announced the start of the 457 temporary work visa investigation, and had began a public inquiry which is going to delve into the abuse and ‘rorting’ of the 457 visa. It will also determine whether the labour market testing (LMO) requirement should be terminated. The previous Labor government introduced LMO to reduce abuse of the 457 visa program. Australian businesses are required to advertise available positions in the media before they can nominate an international worker...

Nurses - Australia needs you

Sitting high up on the Australian Skilled Occupation List (SOL), nursing is high in demand across Australia. With Registered Nurse positions needed in the fields of Mental Health, Surgical, Paediatric, Child and Family Health, Community Health, Critical Care and Emergency and Disability and Rehabilitation, there are many more fields that are in demand in Australia. Nursing salaries in Australia generally sit between $AUD75,000 – $AUD85,000 – (higher than the UK average salary within the nursing field). Throughout the medical field there is...

Visa appeals - challenging a negative decision

Usually people can challenge decisions that are made by the Department of Immigration * Border Protection (DIBP) to refuse a visa application or cancel an existing visa. The government has established a number of specialist Tribunals which are responsible for reconsidering negative decisions made by the DIBP. Applications are usually refused or visas cancelled because: the application raises one or more complex legal or factual issues which are decided against the applicant insufficient evidence is presented to the Department of Immigration the...

Religious Worker Visa Australia

Religious worker visas are available to people who are satisfy the requirements of the Department of Immigration in relation to their qualifications to work in Australia as ministers, priests and spiritual leaders. If you plan to come to Australia to work for a religious organisation but lack the necessary qualifications to satisfy the requirements for this visa, other visa options may be available to you. Our expert immigration lawyers will be able to advise you about other visa options available to religious workers and students whose qualifications...

Visiting Academic visa - Australia

Visiting academic visas are available to professional academics to participate in research projects conducted by Australian tertiary and/or research institutions. It is usually not appropriate for academics who will receive remuneration in Australia or who will be teaching or lecturing. To be eligible for a visiting academic visa, you must demonstrate - amongst other things – a significant record of achievement in your field. Just holding a PhD may not be sufficient. If you do not appear to satisfy the requirements, our expert immigration lawyers...

Contributory parent visa application fees increase

There has been an increase in both the first instalment and second instalment of the Visa Application Charge (VAC) for Contributory Parents. This affects offshore (Subclass 143) as well as onshore (Subclass 864) applicants. The first instalment has gone up from $2,060 to $3,520 and the second instalment from $42,220 to $43,600 effective from 22 March 2014. The new fees were originally to be implemented as from 1 September 2013 but the amounts were found to exceed the maximum limit under the Migration (Visa Application) Charge Act 1997 (the...