All About Immigration
Wednesday, 10 July 2013
More 457 news!
The
new laws from 1 July 2013 clarifies that the standard business sponsors
(employer) must engage a subclass 457 visa holder as a direct employee under a
written contract of employment.
It
also requires all approved sponsors to be solely responsible for the payment of
certain sponsorship and recruitment related costs, by prohibiting sponsors from
recovering, charging or transferring these costs from any person.
Also
stipulated is the need for the 457 visa holder to work in a position in the
business of the standard business sponsor, and cannot be on-hired to work for
another business. If however, the
sponsor lawfully operates a business in Australia, then the 457 holder may also
work in a position in the business of an
associated entity of the sponsor.
Sponsors
will also now be required to justify the number of nominations required. A 'genuineness test' will be introduced and
will be conducted by departmental officers of the Australian Government, to
ensure that the position associated with the nominated occupation is genuinely
required to address skills shortages in Australia.
Sponsors
are required to provide overseas workers with at least the terms and conditions
of employment given to an Australian worker performing the same work in the
same geographic region. The English
language requirements for the 457 visa holder have also been strengthened,
requiring relevant English language levels.
There is no longer any occupation based exemptions from the English
language requirements. A salary of
AUD96,4000 will provide an exemption from English language requirements.
The
Temporary Skilled Migration Income Threshold (TSMIT) has increased to AUD53,900. However, market salary rates and the TSMIT do
not apply if the annual earnings are greater than AUD250,000.
The
skills requirements have also been strengthened requiring the 457 visa
applicant to have the skills, qualifications and employment background that the
Minister considers necessary to perform the tasks of the nominated
occupation. Subclass 457 visa holders
are required to meet the mandatory registration and licensing requirements in
their occupation in the relevant State or Territory.
Now,
the Subclass 457 visa program allows the
visa application charges to be refunded if the application is withdrawn
because there is no approved nomination.
If
you are interested in the Subclass 457 visa program or require more detailed
information call us for an appointment.
The first 20 minutes of consultation is free. However, any consultation fees paid, are
deducted from your account, should you choose to engage our services.
Longer
consideration for Parents
Since
24 November 2012, parents of Australian citizens and permanent residents have
been able to apply for Tourist (Subclass 600) visas to visit Australia for
longer. These changes allow parents who meet the criteria for a Tourist visa to
have regular extended visits with their family in Australia without needing to
apply for a new visa on each visit and also recognise the length of the Parent
visa queue. These types of visas are particularly good for Grandparents who
want to spend more time with their grandchildren, before they grow up as the
Parent visa (subclass 103) can take 10 to 15 years for a decision to be
granted.
Parents
may be granted the tourist visa for 18 months;
3 years or 5 years, depending on their situation. This means a multiple entry visa with a
maximum stay of 12 months. Consideration
will be given on a case-by-case basis.
If you would like to see your parents in Australia, we certainly can
help you with the options that are available.
Looking
at sponsoring a child to Australia?
If you are wanting to
sponsor a child from overseas – you must be able to satisfy custody
requirements when applying to sponsor children under the age of 18 years. This means you must have the sole legal right
to determine where the child shall live, or to remove the child from their home
country. If there is someone else who
can determine where the child can live, then you must obtain a statutory
declaration from this person, granting permission for the child to
migrate.
Depending on the type of child sponsorship visa,
you may need a valid court order allowing the sponsor to permanently remove the
child from the child’s home country and a relevant court order
issued by the Family Court of Australia.
The Australian Government, in making their decision, will consider the
best interests of the child.
The sponsor will also need
to satisfy the requirement that there is no compelling reason to believe the
grant of the visa would not be in the best interest of the child. Australian Federal Police checks will be
required for the sponsor and the sponsor’s partner – fingerprints are not
required. If you have a child to
sponsor, we can help you get them to Australia.
Call us today - we have many success stories, and beautiful stories of families
being reunited in this way.
PROFESSIONAL RELOCATION SURVEY -
CONGRATULATIONS AUSTRALIA!!
It has
been revealed by Hydrogen Group, in their report "Global Professionals on
the Move 2013", that skilled migrants regard Australia as one of the top
countries to relocate to.
In regards
to professional demands there were similarities between the United Kingdom,
United States, and Australia. Our active
outdoor lifestyle, which Australia and Australians are so well known for,
helped to rank our country within the top three places. A copy of the report can be found at http://www.hydrogengroup.com/Global_professionals_on_the_move_2013_Australia
If you are
thinking of working or living in Australia, visit www:aboutimmi.com.au under the About Australia button.
Our site
features Australia's population clock
which has some interesting statistics; a currency converter; cost of living examples and many other
interesting facts.
Did you
know that Australia enjoys one international migration every 2 minutes and 15
seconds, leading to an overall total population increase of one person every 1
minute and 20 seconds? Go visit us now!
SEVERE PENALITIES FOR EMPLOYERS -
ILLEGAL WORKERS
New measures have been put in place to help prevent
the illegal hiring of workers. You may
have noticed or read information about this in recent time, as the Department
has launched an education program to the wider public about exactly what these
new measure entail. From 1 June 2013, a
series of more stringent employer penalties became effective, for those who
hire staff that are not legally able to work in Australia.
The Department's Visa Entitlement Verification
Online (VEVO) system, is a free online service which allows Australian
employers, labour suppliers, education providers, visa holders, financial
institutions, and Registered Migration Agents to check the details and
entitlements of a visa. It is a good
idea to check all employees under this system.
Some employers, when checking, have found that their Australian
employees are working illegally, as they have revoked their citizenship at some
time, and have not reclaimed it. There
are many reasons why an employer may be innocently illegal. If you want to check your employees' legal
status; register your organisation with
VEVO, or simply want to understand more about the VEVO system - go to http://www.immi.gov.au/e_visa/vevo/about.htm#a
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