Employment Workplace Relations

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

Wednesday, 30 November 2016

Victorian State Nominations Closed for ICT Occupations

Due to an influx in State Nomination applications for ICT occupations in Victoria, all applications for the below occupations will be closed from 11 November 2016 - 6 March 2017. 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...

Changes to 457 scheme on the way

It seems that every few years the 457 temporary work visa comes under intense parliamentary and media scrutiny, and we are now at that point again. In the past few weeks we have seen an intense media campaign highlighting alleged rorts of the system by unscrupulous employers. In addition, possibly reflecting elements of the political agenda of Donald Trump, the opposition leader, Bill Shorten, has introduced a private members bill to review the 457 visa system. The Migration Amendment (Putting Local Workers First) Bill 2016, calls...

Thursday, 10 November 2016

NEW Entrepreneur Visa - Australia

Entrepreneur Visa The Government of Australia introduced the National Innovation & Science Agenda with the objective of taking Australia through extraordinary technological change that is intended to transform the way we live, work, communicate and pursue good ideas. In order to advance the Agenda, the Government introduced the New Entrepreneur visa to attract the best overseas start-up talent into the country. The new Australian Entrepreneur visa has been established for entrepreneur with innovative ideas and financial backing...

Monday, 7 November 2016

Who can become a sponsor (457 visa)?

Who can become a sponsor? To become a sponsor, you must be able to show that your business: is a lawfully operating business has no relevant adverse information against your business. Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices. 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...

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...

Thursday, 3 November 2016

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 ...

Tuesday, 1 November 2016

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....

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...

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...

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...

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...

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. Full Skills Assessment; 485 Skills Assessment,...

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...

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...