Employment Workplace Relations

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

Wednesday, 22 October 2014

What is the difference between U.S. Visa Validity and the I-94 Entry Validity?

Many times there is confusion between the validity of a U.S. visa and the length of authorized stay in the U.S. (I-94). The two terms have different meanings and it is essential for anyone travelling to the United States to clearly understand the difference between the two. U.S. Visa Validity A U.S. visa gives foreign citizens (non-U.S. citizens) permission to travel and enter the United States at a port of entry. Once at the port of entry, the Customs Border and Protection (CBP) officer will determine whether the foreign...

Monday, 20 October 2014

Abbott announces reforms to the 457 visa program

The Prime Minster announced last week his plans to make changes to the 457 scheme to make the visa process more flexible and efficient  for business. Ryan Curtis-Griffiths, Director at Nevett Ford, provided insight into the reforms for HC Magazine online. The full article can be found at HC Online...

Obligation to provide training : 457 business sponsors

Migration Regulation 2.87B requires standard business sponsors (under the subclass 457 visa program) (and former standard business sponsors) to contribute to the training of Australian workers in each year that they engage a Subclass 457 visa holder employee. The training benchmarks for an established business are: (A) Recent expenditure, by the business, to the equivalent of at least 2% of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business or (B) Recent expenditure,...

Wednesday, 15 October 2014

Industry Innovation and Competitiveness Agenda (457 visa program & expanding the investment visa program)

The Industry Innovation and Competitiveness Agenda - An action plan for a stronger Australia has been released by the Federal Government.  The Industry Innovation and Competitiveness Agenda - An action plan for a stronger Australia has been released by the Federal Government.  The Agenda outlines proposals for lifting productivity, ensuring gains to economic and jobs growth, developing a better skilled labour force, lowering production costs, increased and improved infrastructure and cuts in red tape. Proposals relevant...

Monday, 13 October 2014

Significant Investor Visa (SIV) changes & creation of Premium Investor Visa (PIV) ($15 million) category

The Government today announced important changes to the Significant Investor Visa and creation of a Premium Investor visa. The new Premium Investor Visa (PIV) will require an investment of $15 million, nomination by Austrade and has no residency requirements. PIV holders will be eligible for permanent residency after holding the complying investment for 12 months. Other changes include: the involvement of Austrade in the nomination of applicants on behalf of the Australian Government and in determining complying investment policy allowing...

Have you entered the Diversity Visa Lottery? Beware of fraudulent emails and letters!

The Department of State has issued a warning to all Diversity Visa Lottery entrants of an increase in fraudulent emails and letters sent to applicants. Be wary of websites requesting upfront registration payment or deposits as Diversity Visa fees can only be paid at the visa interview stage at the relevant U.S. Consulate/Embassy. The official Diversity Visa website will never ask for an upfront payment. Please refer to the following link for further information: http://travel.state.gov/content/visas/english/general/fraud.ht...

Sunday, 12 October 2014

What is expatriate adoption?

Expatriate adoption occurs when an Australian living abroad adopts a child from the country in which he or she is resident. Expatriate adoption can also include third country adoption, where an Australian living abroad in country B, adopts a child from country C. In both instances, the adoption must comply with the domestic adoption laws of the child’s overseas country of usual residence and must be finalised in that country. Note: Depending on the law and adoption process of the countries involved, such adoptions may or may not be able to meet...

What is the difference between the SOL and the CSOL?

Skilled Occupation List (SOL) The current Skilled Occupation List (SOL) is relevant for applicants for: independent points-based skilled migration who are not nominated by a state or territory government agency (such as the subclass 189 visa); Temporary Graduate visa (subclass 485) - Graduate Work stream. Consolidated Sponsored Occupation List (CSOL) Whereas whe current Consolidated Sponsored Occupation List (CSOL) is relevant for applicants for: points-based skilled migration who are nominated by a state or territory government agency under...

Wednesday, 8 October 2014

Migration Lawyers

We have a qualified and experienced team of migration lawyers to assist with Australian migration law issues. These services include: General and Complex Migration Law issues Visa Cancellations Visa Application Refusals Expired visas and unlawful Residence Status Employer Sanctions and Investigations Appeals to the Migration review Tribunal Appeals to the Federal Court and High Court Appeals to the Minister for immigration and border protection....

Martin Bowles, Immigration Secretary, to Head Health Deparment

Mr. Martin Bowles, the Secretary of the Department of Immigration and Border Protection, has recently been appointed as the new head of the Australian Department of Health, which would mean that Mr. Bowles would be vacating his current position in the politically controversial government agency. Mr. Bowles used to be a senior public servant in New South Wales. He assumed his reins at the Immigration department back in 2012. Mr. Abbott, the prime minister of Australia said he is going to officially take up his new position on the 13th of October,...

Visa Requirements to be Eased for Skilled Foreign Workers

The Abbott government has new plans to ease elements which they have described to be ”unnecessarily restrictive” for the skilled foreign worker visa scheme. This includes strict English language proficiency rules which have been the cause of a number of applicants’ failure to be granted a visa in the first place. It is in the opinion of the Greens, Labor, and the unions that what the Abbott government is actually doing is making life much harder for Australian job seekers, especially when it shows the country’s unemployment rates have risen....

Thursday, 2 October 2014

Government investigating 457 visa fraud

The Coalition government has announced a crackdown on 457 visa fraud, with up to 100 employers to be investigated over allegations they sponsored applications in return for payment, Assistant Immigration Minister Michaelia Cash announced yesterday. Senator Cash said the compliance campaign involved an "initial assessment" of the 100 sponsors, but also had an educational component — Work visa scams. Don't pay the price — targeting both employers and visa holders. The Minister said sponsors identified as having failed to meet their obligations...