Changes to Employer Nominated Permanent Residence (subclass 186 visa)

In addition to the 457 changes recently and unexpectedly announced by Prime Minister Malcolm Turnbull, the Permanent Employer Sponsored Skilled Migration Program will also undergo a number of changes. The 457 visa has historically been a pathway to Australian Permanent Residence under this program.


From 19 April 2017

• Applicants under the Direct Entry Stream will only be eligible to apply if their nominated occupation is on the MLTSSL or STSOL
• Applicants under the Temporary Residence Transition Stream can still apply as usual (even if their nominated occupation is no longer on the STSOL or MLTSSL)

From 1 July 2017

• Occupation lists: The STSOL and MLTSSL will be further reviewed based on advice from the Department of Employment and Department of Education and Training
• English language requirements: A score of IELTS 6 in each component will be required (or equivalent test)
• Age: Applicants under the Direct Entry Stream must be under the maximum age requirement of 45 at the time of application. The maximum age requirement of 50 at the time of application will continue to apply to applicants under the Temporary Residence Transition Stream
  

From March 2018

• Salary: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT), currently $53,900 excluding superannuation
• Residency: The eligibility period under the Temporary Residence Transition Stream will be extended from 2 years to 3 years
• Work experience: At least 2 years of post- qualification relevant work experience will be required
• Age: All applicants (under both the Temporary Residence Transition Stream and Direct Entry Stream) must be under the maximum age requirement of 45 at the time of application
• Training requirement: Strengthened training requirement for employers to contribute towards training Australian workers

Who is affected?

It is expected that further details and clarifications to be announced by the Government over the coming weeks. 

Individuals who were preparing an application under the Direct Entry Stream and their occupation has now been removed - No longer eligible under the Direct Entry Stream

Individuals turning 45 years old - From 1 July 2017, applicants under the Direct Entry Stream must be under 45 years at time of application. From March 2018, all applicants must be under 45 years at time of application.

Individuals who were preparing applications under the Temporary Residence Transition Stream - Minimal impact if lodged before March 2018 (although new English language requirement applies from 1 July 2017).

Please contact Nevett Ford immigration lawyers to discuss your individual circumstances by telephone + 61 3 9614 7111.

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What are the impacts of the 457 visa changes?

In Summary, the 457 visa changes have substantial effects:

1) Lodged applications for 457 visas for over 216 occupations are being declined retrospectively
2) The difficulty of obtaining short term and medium term 457 visas has increased
3) Permanent residency applications for short term occupations are blocked
4) Strict caveats for many skilled occupations are now enforced and include
- specialised job duties
- minimum levels of work experience
- new maximum age restriction
- increased English skill requirement
- limitations of the exercise of specific jobs to certain regional areas
- specific minimum market salary rates set individually for each occupation
- sponsor's minimum annual turnover and staffing levels criteria for sponsors.

Pptions moving forward?

Has your occupation been removed from the 457 Occupation List?
If your occupation has been removed from the 457 skilled occupation list, we recommend that you consider alternative pathways to a working visa within Australia and contact us now to discuss your personal situation.

Are you currently on a 457 VISA?

Even if you are currently on a 457 Visa, the changes to the 457 visa apply if your occupation has been removed from the skilled occupation lists.

If you are currently on a 457 Visa and your occupation is not listed on the new skilled occupation list, you will not be able to apply for a renewal of your visa and will need to apply for Permanent Residency.

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Fast food businesses will no longer be able to bring in foreign workers on 457 visa

The Minister for Immigration and Border Protection Peter Dutton announced recently that the government has ended the Fast Food Industry Labour Agreement which saw hundreds of foreign workers take jobs at fast food outlets across Australia.

 

McDonalds, Hungry Jack’s and KFC will be barred from sponsoring foreign workers on 457 visas, which are intended to fill temporary skill shortages. This will provide more career opportunities for Australian workers, particularly young Australians.

 

The Coalition Government is committed to implementing reforms that strengthen Australia's skilled migration programme to ensure overseas workers supplement rather than provide a substitute for Australian workers

 

Therefore Australia has introduced a new work visas from November 2016. The new visa subclasses would allow applicants to enter Australia for temporary work or a specified activity.

 

As a result, those currently working in fast food chains on 457 visa will be forced to leave Australia once their agreements run out unless the restaurant is able to present an individual case as to why they should remain in the country.

 

Businesses will be allowed to request for foreign workers in exceptional circumstances and businesses can still make requests under normal labour agreement arrangements to ensure that exceptional circumstances can be considered.

 

Genuine business needs for overseas workers which contribute to economic growth will still be considered

 

The debate on 457 visas which allows employers to bring in skilled workers from abroad has gained momentum recently with the Australian government undertaking a review of the list of occupations available for the application of 457 visa.

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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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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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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 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

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Shell Australia Chairman believes regional migration is key to resource sector growth

While the media continues to scrutinise the Australian immigration program, recently at a Melbourne Mining Club conference, Shell Australia chairman Andrew Smith, emphasised the importance of immigration in boosting resource industry and economic growth.

Mr Smith said, ‘Often hysterical debate has surrounded Australian immigration in the new millennium. There has been a failure of industry to advocate for an immigration program that will provide economic stimulus to a sluggish economy.’

Mr Smith believes skilled labour shortages in the resources, oil and gas industries in regional areas in Australia’s north such as Broome and Gladstone provide potential for skilled migrants to contribute to growth in the resource industry and the Australian economy.

‘Today Australia’s economic growth is being driven by Melbourne and Sydney with their diverse economies. But as we strive for a more prosperous Australia, we must increase immigration levels and grow population in other areas of the nation. We must look to the economic potential of our regions and our regional centres. And this is where the mining and petroleum sectors can have a great contribution. As a leader in the resource sector, it is the ability of our industry to make a contribution outside the capitals that excites me most,’ he said.

Mr Smith stated, ‘This will only happen when we grow the population with a mix of internal and international migration to the regions’.

Mr Smith also highlighted the important role immigration plays in driving sustainable population growth to regional areas, providing incentives for the government to invest in regional community infrastructure.

Mr Smith said, ‘Just as Bendigo’s growth was fuelled by an influx of Asian immigration in the 1850s, or nearby Geelong’s growth was fuelled by Italian and Greek migration in the 1950s, the north of our nation must welcome new Australians.’

‘Industry leaders need to both advocate for a balanced mix of skilled and humanitarian migration, then back up our advocacy with meaningful decisions that contribute to legacy. It is only through population growth that economic diversity will be delivered, unlocking the potential of Australia’s north,” he said.

Mr Smith added, ‘These comments are not a call for more or less 457 visa intakes. Specialised tasks in highly technical sectors like ours will always require the temporary importation of specific skills. We have some of the planet’s most desirable mineral deposits but we will only unlock this potential, and its economic dividend, if we are able to bypass populist protectionist voices on immigration policy, and grow our population’.

SOURCE: The Australian newspaper

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How does the 457 visa work?

With a 457 visa you can work in Australia for up to four years. You can bring your family with you (they can work and study) and you can travel in and out of Australia as often as you like.

The employer/sponsor must: 

Apply to be a sponsor to recruit overseas workers; nominate the positions they want to fill; recruit the overseas workers to fill the nominated positions; and act as a sponsor for employees applying for a visa.

 

You as the employee accept the offer of employment from the employer; apply for the visa; and meet all the conditions of your visa.

Am I eligible for the 457 visa?

To apply for a 457 visa as an employee, your application must follow that of your sponsoring employer. To be considered for a 457 visa, you must meet the following criteria:

• You must be sponsored by an employer to fill a nominated position.
• You must work in a skilled occupation that's been approved by the Australian Government on the Consolidated Sponsored Occupations List (CSOL).
• You must have skills, qualifications, experience and an employment background which match those required for the position.
• You must have English language skills (if you do not hold a passport from UK, USA, Ireland, New Zealand or Canada) (some other exemptions apply).
• You must be eligible for any relevant licences or registration required for the nominated position.
• You must demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa.
• You must meet health requirements.
• You must meet character requirements.
• If you are in Australia at the time of application, you must not have prohibitive restrictions or limitations placed on your current visa.
• You must, if over the age of 18, be willing to declare your respect of Australian values and adhere to Australian law.
• You must have health insurance (some exemptions apply for certain passport holders).

Call us today if you would like more information.

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Australian Medical Treatment visa

Australia is renowned for its high level medical treatment.  Australia has many well equipped and modern hospital facilities including highly qualified medical specialists and practitioners covering a wide range of medical services. 

You may wish to consider Australia to assist with the medical treatment of your family member.  There is an Australian Medical Treatment visa available if certain criteria can be met.

What does the Medical Treatment Visa allow me to do?

If you apply and obtain a Medical Treatment Visa, then the patient (including her / his eligible family members) can travel to Australia and seek out the required medical treatment.

The visa can be granted for up to 12 months depending on the length of treatment required (if you apply for the visa whilst in Australia).  If you apply for the visa while you are outside of Australia, the visa will usually only be valid for a maximum period of 3 months.

The visa permits the patient to undergo medical treatment and attend consultations and to donate or receive an organ.

Part of the application documentation requires the patient (and family members) to demonstrate their financial capacity to support themselves for their proposed stay in Australia because the patient is unable to utilise financial benefits provided to Australian citizens and permanent residents which are by the Australian government.

If you are already in Australia with a valid visa that includes a 'No further stay condition' you will not be able to apply for the Medical Treatment Visa while you are in Australia unless a waiver is sought and obtained.

Children may also receive medical treatment in Australia if the consent of the parent/s is obtained.

Nevett Ford Lawyers Melbourne can assist you with the Medical Treatment Visa as well as all other Australian visa types.  Please contact us for further information, advice and assistance.

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Global Mobility Services - Nevett Ford Melbourne

Nevett Ford Lawyers provides a global immigration mobility service through a network of international immigration partner service providers. These service providers are based overseas and are experts in the immigration requirements of their country. This network allows us to provide global coverage through the use of local experts for our clients needing to deploy staff to locations outside of Australia.

Our existing network covers locations including: New Zealand, United Kingdom, Israel, Singapore, China, Japan, Italy, Indonesia, Malaysia, Fiji, Papua New Guinea and others.

Nevett Ford Lawyers can manage your global mobility requirements utilising our established network of trusted advisors.

Our international partners are experts regarding the local immigration laws, visa requirements and work rights obligations. We have carefully selected our trusted partners and we can pass on the benefits of our established relationships to our client base and coordinate the service for you.

We offer a single point of contact for our clients through our Melbourne CBD office.

Nevett Ford Lawyers also has an attorney providing visa advice and services for the United States of America.

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Utilising 457 visas for self sponsorship

The use of the SUBCLASS 457 program to 'self sponsor' has effectively been closed by the addition in the 21 November 2015 update to immigration policy:

"Position created to secure a migration outcome"  

Overview (from Immigration policy)

The intent of the 457 program is to enable Australian businesses to temporarily fill short term skill shortages with overseas workers when they cannot find a suitably qualified or experienced Australian citizen or permanent resident to fill the position. The program is not intended to be used for non-citizens to establish a business in Australia and self-sponsor themselves; there are other visa pathways available for such purposes.

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Parent Visa processing

Australian Parent visa applications are currently being allocated for the following lodgement dates:

 

 

 

 

 

 

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Business groups push for reforms to 457 visa

Business groups push for reforms to 457 visa

The campaign for reforms in the 457 visas are once again reignited by business groups in Australia, declaring that it is high time that ”misinformation” regarding the scheme that benefits skilled foreign workers be dispelled.


It is most likely that this move is just going to spark tensions with Australian unions due to the 457 visa for temporary skilled migrants, however, business groups are adamant in lining up to say that the government should get rid of Labor-era labour market testing arrangements that are at present in the scheme.




A letter has been sent to the Productivity Commission from the Australian Chamber of Commerce and Industry (ACCI) stating that it is better if the labour market testing is abolished. On the other hand, the Australian Mines and Metals Association (AMMA) is warning that this requirement is just going to add red tape to the process.




This comes as a number of employer groups are preparing for a different review of the salary threshold for occupations which can be filled by workers who are holding 457 visas, in the newest inquiry that is probably going to spark controversy over the skilled migration visa scheme.




The Australian Chamber of Commerce and Industry has foreshadowed the argument against the increase in the income threshold for 457 skilled worker visas that are beyond inflation and is arguing that employers located in regional areas should have the capabilities to hire skilled foreign workers on a salary that is at a discount to the threshold, so long as this was in agreement to the market rates of Australia for the people in that specific regional area.






Ms Jenny Lambert, the employment, education, and training director of ACCI, stated that there seems to be ”misinformation” that foreign workers are taking jobs away from Australians.


”That is the wrong basis to move forward,” Ms Lambert said yesterday.
It is by the end of April that the report from the review of the Temporary Skilled Migration Income Threshold is expected to be submitted.






The Australian government agreed to bring forward the review of the Temporary Skilled Migration Income Threshold – which is currently set at fifty three thousand nine hundred – under a deal with Labor to end the wrangling over the China and Australia free trade pact, otherwise known as ChAFTA.






The review is not just going to look at the appropriate level that would be most suited for the threshold, it is also going to look at the roles of indexation as well as regional concessions for the threshold.


During the debate over ChAFTA, it was insisted by Labor that the threshold be increased to fifty seven thousand dollars. However, this push was dropped after the revelation that this kind of pricing would exclude some rural areas out of the scheme should this push through.
Ms Lambert said that the threshold should hold at its present level though there were still good points of argument that were raised for the sake of indexation and inflation.






For regional areas however, there was an argument that a discount be made because there is a difference between regional and metropolitan labour markets.


”The higher you lift the threshold the less businesses and positions would be eligible to have someone come in on a 457,” Ms Lambert stated. ”And that creates real economic problems not just for the business who can not find a skilled worker, but for the regional community who may not have the services available to them because the skilled worker is not available at the price that the region can afford.”




Ms Lambert also stressed that employers should not be able to pay foreign members of their staff less than what equivalent local workers are going to be paid in that region.
Areas hit by skills shortages at that moment, areas such as in the Northern Territory, can ask for something that is called a ”designated area migration agreement.”




Employers can seek concessions of up to ten per cent that is below the threshold under the designated area migrated agreement, so long as the cost of living in that area is lower compared to the national average, and that the foreign workers there are being paid the same as Australians.






Ms Lambert however, said that businesses were not actually guaranteed there would be such agreements to cover them in their areas.






In the mean time, ACCI has made a submission to another review into migration being conducted by the Productivity Commission, saying that it does not agree with a draft finding in support of labour market testing as the testing is the same as ”asking employers to walk through wet cement.”


Mr Scott Marklamb, the executive director of AMMA’s policy and public affairs, said that while there are some highly skilled occupations that were exempt from doing the testing, the ”resource employers support the abolition of this needless and burdensome requirement.”
It was stated by a spokesman for the Business Council of Australia that it consistently called for the elimination of the labour market testing.


SOURCE: The Australian (newspaper)

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What are 457 visa Training Benchmarks? How do you meet the requirements?

Training Benchmarks are requirements that need to be fulfilled by the company who is applying to be a subclass 457 visa 'business sponsor'.


The requirements were introduced to ensure local Australian workers are provided training to perform the work required by the company, thus reducing the dependency of the company on overseas workers.

The Training Benchmarks are as follows:

Training Benchmark A - recent expenditure 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

Training Benchmark B - recent expenditure to the equivalent of at least 1% of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

If the business is new (operating for less than 12 months), an auditable training plan is required instead.

If you are unsure how to demonstrate that you have met the Training Benchmarks, please contact Nevett Ford Lawyers Melbourne for a more information, assistance and advice.

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Partner visa - are you providing enough evidence to Australian Immigration?

The Permanent Partner visa (second stage) is the Subclass 100 and the Subclass 801. Generally the Department of Immigration and Border Protection (DIBP) will make contact with you approximately two years after the Partner visa is lodged. At the time of request, the applicant generally needs to provide:

1. statements from the applicant and the sponsor;
2. updated police clearance in Australia; and
3. updated evidence of cohabitation, financial and social aspects of the relationship.

 

We have recently received many enquiries concerning applicants that have lodged their own Subclass 100/801 that have received unfavourable decisions or request for further evidence from DIBP despite having presented the usual documents and evidence required for this visa.

 

This issue has arisen due to DIBP becoming stringent with assessing documents provided during the second stage of the partner visa and subsequently it is seeking more evidence than only statements and updated police clearance. DIBP’s requirements are to see evidence that the relationship is genuine and continuing following the grant of the temporary visa. Further to lodging the temporary partner visa application, it is ideal to keep a healthy record of all the documents between you and your partner in preparation of the permanent visa stage.

 

Deciding on the evidence that DIBP requires can be difficult and can delay the approval of the visa if not correctly submitted.

Nevett Ford has extensive experience in different areas of migration and can assist you with preparing an application that satisfies DIBP. For further information please contact us for a consultation.

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The H-1B cap for fiscal year 2016 was met yet again this year within the short timeframe of only one week!

U.S. Citizenship and Immigration Services started accepting H-1B applications on April 1 and reached the congressionally mandated cap of 65,000 within a week.

Is it time to overhaul the H-1B visa program?


http://www.cnbc.com/id/102574379

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Tighter screening processes imposed on people travelling to the United States on the Visa Waiver Program (ESTA).

The United States plans to impose tightened screening measures on travellers from European countries, Australia and various other countries due to the “growing concern over the rising number of Islamist militants who have fought in Syria and hold Western passports”.

Nationals of specific countries travelling to the United States on the ESTA will be required to disclose additional information prior to boarding their flight, such as passports held from multiple countries, or the use of alternate names or aliases. The Department of Homeland Security claims that this data will help enable more accurate screening against US terrorism watch lists.

Please see the following link for the full article: http://gulfnews.com/news/world/usa/us-to-step-up-screening-of-european-and-other-visitors-who-don-t-need-visas-1.1408000#.VFwJuxBf3Ks.email

For further information about U.S. visas contact us at: Nevett Ford Lawyers at http://www.usavisasexperts.com.au

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