skilled-work-migration-news

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    WORK VISAS | SKILLED WORK | EMPLOYER SPONSORED | BUSINESS VISAS 
    On 18 April 2017 the Prime Minister announced that the Government intends to abolish the subclass 457 visa programme and replace it with a new temporary work programme with stricter eligibility requirements. While these changes will be implemented in stages and the subclass 457 visa will not be abolished until March 2018, a number of changes have come into effect on 19 April 2017 that have substantially changed the landscape of the 457 visa programme.

    The Prime Minister’s stated intention of these reforms is to ensure that the subclass 457 visa programme is used to fill genuine gaps in the Australian labour market, rather than being used as a vehicle for securing a migration outcome.

    Key changes that took place on 19 April 2017 are that the Consolidated Sponsored Occupation List (CSOL) has been replaced by the Short-term Skilled Occupation List (STSOL) and the Skilled Occupation List (“SOL”) has been replaced by the Medium and Long-term Strategic Skills List (MLTSSL).

    216 occupations have been removed by the STSOL.

    These changes are likely to affect thousands of current visa applicants in Australia.

    The Government has announced that 457 visa applicants who had lodged their application on or before 18 April 2017, and whose application has not yet been decided, with an occupation that has been removed from the previous CSOL will no longer be eligible for a 457 visa.

    This is the case even if the applicant met the relevant criteria at time of making the application.

    Please contact Rothstein Lawyers if you believe you are affected by these changes.

    Article Uploaded April 2017

    Visa Applications

    • Permanent and provisional business skills visas
    • Fiancé , spouse, partner, de facto, same sex 
    • Employer Nomination Scheme visas
    • Regional Sponsored Migration Scheme and Subclass 457 visas
    • Work visas 
    • Skilled visas,
    • Family, children, adoption and parent reunification visas
    • Resident return if you previously held citizenship or permanent residency
    • Refugee and humanitarian visas
    • Retirement Visas 

    Employer Sponsorships/
    Sanctions and Investigations

    • How to sponsor overseas staff members for temporary and permanent migration to Australia
    • How to prepare employment contracts that comply with migration legislation
    • The rights and obligations of businesses when employing non-Australian staff or in the event that their employment ends
    • Monitoring and investigation or assisting businesses reply to a request for information issued by businesses by the Department of Immigration and Border Protection

    Visa Condition Breaches

    We can provide detailed replies to a notice of intention to consider cancellation issued for the following reasons:

    • Breaching a visa condition (Section 116);
    • Ceasing employment with a sponsor (Section 116);
    • Where grounds no longer exist for the holding of a visa (Section 116)
    • Providing incorrect information (Section 109);
    • Business visa holders failing to abide by the conditions of their visa (Section 137);
    • Consequential cancellations (Section 140);
    • Failing to pass the character test (Section 501).

    Visa Application Refusals and Appeals to the Administrtive Appeals Tribunal or Federal/High Court

    The Department of Immigration and Border Protection cancels or refuses numerous visas and visa applications. We assist with appeals to the:

    • Administrative Appeals Tribunal
    • Federal Courts
    • Minister of Immigration and Border Protection to intervene if it is in the public interest to do so.

    Please contact us to arrange for an initial assessment of your situation.

    Visa Cancellations/ Unlawful Residence Status

    Each year we see many people who are in Australia but who do not hold a valid Australian visa. Either they have overstayed their visa or had their existing visa cancelled. We can advise on the prospects of becoming unlawful. As we are lawyers and migration agents all information provided to us is protected by client professional privilege. 

    Update on RSMS regional certification

    Skilled Migration WA has announced that it is accepting new applications to certify positions in the following regions in WA:

    • Gascoyne

    • Great Southern

    • Kimberley

    • Mid West

    • Peel

    • Pilbara

    • South West

    • Wheatbelt


    New applications for the Perth region remain suspended. Skilled Migration WA has not yet defined ”Perth region”.

    Updates to come.

    http://www.migration.wa.gov.au/services/regional-sponsored-migration-scheme

    Article uploaded April 2017


    Crackdown on “genuineness” of 457 visa position 

     When assessing a subclass 457 visa application, the Department of Immigration and Border Protection (DIBP)  considers whether the    sponsored position is “genuine” or whether the position has been created to secure a  migration outcome.
     On 1 July 2016 the DIBP released new policy on the issue of “genuineness”. 
     The DIBP is carefully assessing the following situations (amongst others) as to the “genuineness” of the position:
     •  Self sponsorship (i.e. starting a company and sponsoring yourself)
     •  Where the visa applicant is a relative of the company’s director(s)
     •  Where the visa applicant has been living in Australia for a long time, on various visas
     •  Where the position is not consistent with the nature of the business (e.g. a physiotherapy practice seeking to  sponsor a landscape  gardener). 
     The DIBP will issue a Request for Further Information if they are not satisfied the sponsored position is genuine.  These requests must be  taken seriously and responded to in detail. Rothstein Lawyers is able to assist with this.  

    Obligations on Employers Who Sponsor Skilled Workers for Subclass 457 Visas.

    There are 10 obligations:

    • Obligation to cooperate with inspectors

    • Obligation to ensure equivalent terms and conditions of employment

    • Obligation to pay travel costs

    • Obligation to pay location and removal costs

    • Obligation to keep records

    • Obligation to provide records and information  

    • Obligation to provide information when certain events occur

    • Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity

    • Obligation not to recover, transfer or take actions that would result in another person paying for certain costs

    • Obligation to provide training

      A detailed description of each obligation can be found at the DIBP website:

      https://www.border.gov.au/Trav/Visa-1/457-

      Failure to comply with these obligations can lead to significant consequences, including fines, cancellation of business sponsorship and bars on sponsoring skilled workers for temporary visas. Furthermore, this can result in an “adverse finding” which needs to be overcome in new subclass 457 visa and Permanent Employer Sponsored visa applications. 

      Rothstein Lawyers has substantial experience in this area.

      Updated August 2016

    Court Decision Changes Approach to 457 Visa Applicant Appeals

    In Ahmad v Minister for Immigration and Border Protection [2015] FCAFC 182, 16 December 2015, the court overturned prior rulings that a 457 visa applicant could not appeal a visa refusal if the nomination were refused.

    Therefore, notices informing 457 visa applicants that they could not appeal are probably invalid. Invalid notices could mean that no notice was given and that the 457 visa applicants may even now have a right of appeal.

    Rothstein Lawyers in Perth and Joondalup can assess your eligibility.  

    Article uploaded on 23 December 2015.

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