- 135112 ICT Project Manager
- 261111 ICT Business Analyst
- 261112 Systems Analyst
- 261311 Analyst Programmer
- 261312 Developer Programmer
- 261313 Software Engineer
- 261314 Software Tester
- 261399 Software and Applications Programmers nec
- 262111 Database Administrator
- 262112 ICT Security Specialist
- 263111 Computer Network and Systems Engineer
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.
Wednesday, 30 November 2016
Victorian State Nominations Closed for ICT Occupations
Changes to 457 scheme on the way
Thursday, 10 November 2016
NEW Entrepreneur Visa - Australia
Entrepreneur Visa
- Business Innovation and Investment (Provisional) visa (subclass 188), Entrepreneur Stream
- Applicant must be under 55 years of age, unless a waiver is provided by a state or territory government. A state or territory can waive the age requirement if the proposed complying entrepreneur activity will be of ‘exceptional’ economic benefit to the nominating state or territory
- Applicant to provide evidence of ‘competent’ English at the time the applicant is invited to apply for the visa
- Applicant to undertake or propose to undertake a complying entrepreneur activity in Australia
- Applicant has a genuine intention to continue this activity
- Applicant must be nominated by a state or territory government.
- There must be one or more legally enforceable agreements under which funding is to be provided to the entrepreneurial entity (which may be the applicant, a body corporate, or a partnership) by one or more entities
- The total amount of funding provided or to be provided under the agreement or agreements must be at least AUD200,000
- If the applicant is not the entrepreneurial entity, the applicant must personally hold at least a 30% ownership share in the entrepreneurial entity at the time the agreement or agreements are entered into, which prevents more than three applicants being eligible in relation to any one entrepreneurial entity
- Under the agreement or agreements, at least 10% of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia (i.e. $200,000)
- There must be a business plan that is appropriately formulated to lead to an outcome.
- Commonwealth agencies
- State and territory governments
- Publicly funded research organisations
- Investors registered as a Venture Capital Limited Partnership/s (VCLP) or an Early Stage Venture Capital Limited Partnership/s (ESVCLP).
- Victoria: Launch Vic have $60 million fund
- New South Wales: Jobs for NSW – Minimum Viable Product Grants and Building Partnership Grants have $190 million over four years
- Queensland: iLab incubator and Accelerator provided $80 million to date
- Western Australia: Innovation voucher program
- South Australia: Innovative voucher Program
- Commonwealth Government: Innovation Program.
- VCLP must have capital in excess of $10 million
- ESVCLP must have capital between $10 million and $200 million.
- Establishing, purchasing, investing or acquiring an interest in residential real estate. The term ‘Australian residential property’ includes any Australian land zoned for residential use
- Establishing, purchasing, investing or acquiring an interest in labour hire companies; or
- Purchasing, investing or acquiring an interest in an existing entity (including franchise).
- An applicant holds a subclass 188 visa for a continuous period of four years;
- An applicant has resided in Australia for two out of the last four years; and
- An applicant has demonstrated an overall successful record of undertaking, whether alone or by participating in a business, activities of an entrepreneurial nature in Australia while holding a subclass 188 visa.
Monday, 7 November 2016
Who can become a sponsor (457 visa)?
Who can become a sponsor?
- is a lawfully operating business
- has no relevant adverse information against your business.
There are two ways you can become an approved sponsor:
- Option 1: Apply to be a standard business sponsor
- Option 2: Negotiate a labour agreement.
Option 1: Apply to be a standard business sponsor
The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the subclass 457 visa program. You must lodge an application to become a standard business sponsor.You can have only one standard business sponsorship approved at any given time (that is, one sponsorship approval per legal entity) which is usually valid for five years. You can apply to extend your sponsorship at any time during this five-year period by lodging a variation application.
The requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia.
Business in Australia
You must attest, in writing, that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you will not engage in discriminatory recruitment practices.
Make the attestation and the declaration about your workplace record in your sponsorship application form.
You must also meet training requirements. This means you must either:
- meet the training benchmarks if you have traded in Australia for 12 months or more
- have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months.
You must be seeking to employ a skilled worker to either:
- establish, or help establish, a business operation in Australia
- fulfil obligations for a contract in Australia.
Option 2: Negotiate a labour agreement
A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. You might be able to enter into a labour agreement if you are in one of the following situations:- the occupation of the workers you want to employ is not listed on the Skilled Occupation Lists (Formerly Known as Form 1121i) or theAustralian and New Zealand Standard Classification of Occupations (ANZSCO)
- you are a recruitment company seeking to sponsor skilled workers to be on-hired to another businesses, and the occupations requested are on the Consolidated Sponsored Occupations List (CSOL)
- standard immigration options are not suitable.
- there is a genuine and systemic shortage of skilled workers
- there are no suitably qualified Australian workers available
- you have a commitment to training Australians.
How to propose a labour agreement
You need, among other things, to:
- identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers (you need to show you have tried to recruit in Australia)
- specify the number of skilled workers needed from outside Australia
- specify the skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered provided they are specialised and in demand
- include copies of correspondence showing that relevant stakeholders have been consulted.
If the template does not suit your needs, you might be able to negotiate an individual agreement.
Labour agreements include a requirement to provide training to Australian employees.
When you have a labour agreement in place, you are an approved sponsor for the term of operation of the agreement. You can then nominate skilled workers from outside Australia under the terms of the labour agreement.
You will also need to meet your sponsorship obligations and any other terms and conditions specified in the agreement. If you breach the terms and conditions of your agreement, we could suspend or terminate it.
Standard business sponsors
- be a lawfully operating business
- have no relevant adverse information against your business.
- meet training requirements
- demonstrate your commitment to employing local labour
- not engage in discriminatory recruitment practices.
A lawfully operating business
You must be a lawfully operating business to apply to be a standard business sponsor. This applies to businesses both in and outside Australia.To demonstrate this you must show both of the following:
- your business is legally established
- your business is actually operating.
If you do not operate in Australia, you must be able to show that you need a skilled worker to:
- come to Australia to establish, or help establish, a business operation with connections with a business located outside Australia
- fulfil, or help in fulfil, a contractual obligation.
Examples of the documents you can use to show that your business is legally established and operating are in the Document checklist.
If you operate a business under a trust arrangement you must provide details of the Trust Name and the Trust ABN when you complete the application form. The application should be made using the name of the Trustee as it appears in the Trust Deed.
Details of the principals of your business such as Owners, Partners, Directors and major Shareholders should be provided when you complete the application form.
Contact us today for more information and assistance.
VISA UPDATE: Subclass 400 Visa (short term work visa)
Highly specialised work
- 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
- 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.
Thursday, 3 November 2016
457 Visa changes - 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.
Tuesday, 1 November 2016
Beware of scammers – always seek legal advice
Monday, 24 October 2016
U.S. Diversity Lottery (“Green Card” Lottery) Applications Close on November 7, 2016
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
- 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
- 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.
The Temporary Work (Skilled) visa (subclass 457) visa
Wednesday, 19 October 2016
Subclass 187 Regional Sponsored Migration Scheme visa
- the Temporary Residence Transition stream
- the Direct Entry stream
- the Agreement stream.
Australian visas - Skills Assessments
- Full Skills Assessment;
- 485 Skills Assessment, and;
- 457 Skills Assessment.
Sunday, 16 October 2016
South Korean family facing deportation fights to stay in Queensland
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
- Business Migration
- General Skilled Migration
- Family Migration
- Corporate Migration
- Refugee Migration
- 188A Business Innovation Stream
- 188B Investor Stream
- 188C Significant Investor Stream
- 188D Premium Investor Stream
- 188E Entrepreneur Stream
- 132A Significant Business History (Permanent) Visa
- 132B Venture Capital Entrepreneur (Permanent) Visa
- 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)
- State Sponsored Business Owner visa (subclass 892)
- State Sponsored Investor visa (subclass 893)
- 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.