In brief
The much-anticipated detail of New Zealand’s new temporary visa framework has been released.
A new Accredited Employer Work Visa (AEWV) and associated mandatory accreditation standards will be introduced on 1 November 2021.

The new AEWV will replace the following visas:

• Talent (Accredited Employer) Work Visa
• Essential Skills Work Visa
• Essential Skills Work Visa – Approved in Principle
• Long Term Skill Shortage List (LTSSL) Work Visa
• Silver Fern Job Search Visa
• Silver Fern Practical Experience Visa

The new AEWV will involve three steps:

1. Employer Check: All employers will need to be accredited.  Applications for accreditation can be lodged from late September. No transitional policy will apply and those employers who hold an existing accredited status with Immigration New Zealand will have to reapply under the new system.
2. Job Check: Checks will be completed to confirm the terms and conditions of the offer of employment comply with employment laws and the labour market test (where relevant) has been met.
3. Migrant Worker Check: Migrants must show they meet health, character and identity requirements and hold the skills and experience stipulated as part of the employer’s job check application.

More detail
Accreditation
There will be two accreditation levels from employers:

• Standard Accreditation: For employers wishing to employ up to five migrant workers on AEWVs.
• High-volume Accreditation: For employers wishing to employ six or more migrant workers on AEWVs.

Labour hire employers and franchisees who want to place migrants on employer supported work visas with third parties will need to meet additional criteria to become accredited under the new framework.  The criteria are expected to be released later this year following further consultation with industry stakeholders.

Employers who do not employ migrants on employer supported work visas (e.g., Open work visas like Working Holiday Visas, Partnership work visas or Post-study work visas) or who only utilise visa pathways not covered by the change, such as Specific Purpose or Event Work visas, are not required to become accredited under the new system.

Accredited Employer status under the new framework will be valid for 12 months in the first instance with renewals being granted for 24 months for Standard and High-volume Accredited Employers.  Franchisee and Labour-hire employers will be granted accreditation for a 12-month duration only, even after a renewal.

• 30 June 2021: Closure of ability to apply for Accreditation (Talent – Accredited Employer), Labour Hire Accreditation and Approval in Principle (Essential Skills).
• Late September 2021: New online accreditation application system opens.
• 31 October 2021: Closure of ability to apply for Talent (Accredited Employer) and Essential Skills work visas under existing immigration framework.
• 1 November 2021: New temporary work visa framework goes live.

If employers wish to utilise Accreditation (Talent – Accredited Employer), Labour Hire Accreditation and/or Approval in Principle (Essential Skills) between 30 June 2021 and 1 November 2021, they will need to apply for these before the closure on 30 June 2021.
Immigration New Zealand have advised the following in relation to the requirements for New Zealand employers to obtain Accreditation under the new framework:

• Employers must be a genuinely operating business, including being registered with Inland Revenue and holding a New Zealand Business Number (NZBN).
• Be in a sound financial position.
• Not have a recent history of non-compliance with immigration and employment laws, and
• will take steps to minimise the risk of exploitation including:
  • completing online employment modules
  • allowing migrant workers time to complete online employment rights modules during paid work hours
  • paying all recruitment costs inside and outside New Zealand
  • providing workers with work-related settlement information and local community and services information

In addition, higher volume employers will need to commit to improving pay and employment conditions over time by meeting a minimum pay requirement of 10% above minimum wage unless covered by a collective agreement.  Commitments on training and upskilling New Zealanders will also be required; however, the detail of this requirement is still under review.

Temporary Visa holders
Under the new framework, Immigration New Zealand have advised the following in relation to temporary visa holders:

• Employers must complete and pay for the employer accreditation and job check before a AEWV can be applied for.
• Work visa applications under the existing visa framework, such as Talent – Accredited Employer Visas or Essential Skills Work Visas, can be applied for up to and including 31 October 2021.
• Talent – Accredited Employer Work Visa holders who have a Residence from Work application in process can continue to apply for a further Talent Visa beyond 1 November 2021, assuming they remain with their employer.
• A residence pathway will exist for migrant workers paid twice the median wage and employed by an accredited employer for a minimum of 24 months (more details are currently being worked on and have not yet been released).

Next Steps
Those employers who are likely to require migrant talent from 1 November 2021 are encouraged to apply for accreditation under the new framework from late September, when the system is expected to be live.  Immigration New Zealand does not anticipate processing timeframes to exceed the current accreditation application processing timeframes; however, it would pay to be proactive in this instance.

If you would like to discuss the upcoming changes in greater detail and how they impact your business and employees, please do not hesitate to us.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Senate Select Committee on Financial Technology and Regulatory Technology has released its second report making a further 23 recommendations.

The committee’s first interim report of September 2020 set out 32 recommendations designed to help Australia’s FinTechs, and the technology sector more broadly, to grow and innovate through the pandemic. A number of the committee’s recommendations were picked up in the October 2020 Budget and in subsequent policy announcements.

For this second interim report released, the committee has again categorised its work across the key areas of: tax settings; regulatory issues; access to capital; and skills and culture.  In relation to migration the committee heard evidence on the importance of attracting global talent in order to grow the FinTech sector and create jobs, while bringing economic benefits to Australia. It found that in the current international competitive environment, getting the visa settings right has never been more critical to grow the sector and position Australia for a stronger economic recovery from recession.  It made the following recommendations to the Australian government:

• That it reviews the Global Talent Visa Program and Hong Kong visa arrangements to ensure international competitiveness, including consideration of salary caps, age thresholds, turnover requirements and key criteria.
• That when undertaking the review of the Global Talent Visa Program, consider providing clearer policies and guidelines on the identified target sectors.
• That it considers the introduction of more permanent residence visa options for employees of high-value businesses relocating to Australia.
• That it reviews its approach to the promotion of Australia as a destination for international talent in the FinTech and RegTech sectors, including through focussed marketing of the Global Talent Scheme and the Global Business and Talent Attraction Taskforce in target jurisdictions.
• Additionally, it was recommended that the Australian Government consider mechanisms to improve visa administration, including faster processing times, and ongoing review of visa eligibility to ensure visa categories are adaptable and responsive to market changes in the FinTech and RegTech sectors.

A full copy of the report can be found here and it will be interesting to see how next week’s budget considers these recommendations together with the interim report on the Inquiry into Australia’s Skilled Migration Program. Our summary on that report can be found here

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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English Requirements?

There are no English language requirements to be granted a Significant Investor Visa (SIV). Even if you speak no English you can apply, although you and your family will need to pay an additional charge if you do not have at least functional English.

What is a complying investment?

Investments must be made in a compliant way which must include:

• At least AU$500,000 in eligible Australian venture capital or growth private equity (VCPE) fund(s) investing in startup and small private companies;
• At least AU$1.5 million in an eligible managed fund that invests in emerging companies; and
• A ‘balancing investment’ of up to AU$3 million in managed funds that invest in a combination of eligible assets that include Australian listed securities, eligible corporate bonds or notes, annuities and real property (subject to the 10% limit on residential real estate).

These rules are currently being reviewed by the Australian government.

There are a number of investment companies that offer products that are designed to comply fully with the legal requirements. We do not provide advice on which investment product might be best for you but we work closely with these fund managers and can make an introduction.

Acceptable funds

Funds used for the investment for a Significant Investor Visa (SIV) must be able to show that the funds were lawfully obtained, owned by the investor and be unencumbered.

In certain circumstances the funds to be used can be gifted, be in a company or trust.

What is the process for a Significant Investor Visa?

Alternative visas

In some cases, investors may be eligible to apply for another visa such as a Global Talent Independent visa or via an employer sponsored route. We can assess these various options with you to determine which is the best way forward.

We can also assist with investor visas to the USA or Canada.

Next steps

Contact us to discuss your best options.

We are lawyers who help start-ups and high net worth individuals wanting to set up operations in Australia or who are seeking another passport or residence. We are experts in our field who can connect you to a network of trusted advisers for taxation, business structuring, investment advice and relocation assistance to ensure that you have all your bases covered and that you and your business or family are well looked after.

Our advice is completely confidential and is protected by client privilege and governed by the ethical obligations of our profession.

We are interested in your business and future and are interested in forming long-term relationships that will help you grow your business. Talk to us today.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Entertainment Visa Snapshot

Family

In most cases immediate family members can also be granted visas, as can most support and personal staff. However, due to border restrictions, family members may not be granted ABF permission (see below) to travel to Australia even if they have a visa. Our recommendation is that family not seek to travel unless there is no alternative.

Union consultation

In most situations the relevant union will need to be consulted before the visas can be granted (it is not necessary that they agree). We will handle the consultation process and find that the unions are mostly supportive of visa applications, provided Australians will benefit from the production.

Arts certificate from the Minister

For actors or performers, the Federal or State Minister of the Arts will need to provide a certificate supporting the issuing of visas related to the production. We will arrange.

Health & police checks in some cases

While health and police checks are not generally required, we have had cases where these have been requested and can slow up processing. This is most likely to occur if an applicant has a known health condition or criminal conviction, or are travelling from certain countries.

Australian Border Force (ABF) exemption due to the pandemic

This is a separate process to the visa process and is required before travelling to Australia. The ABF have imposed a number of requirements including the need for State approval for the arriving party in circumstances where it is a large group or the person will be moving on to another state in Australia after quarantine. This process is causing delays at the moment.

A travel exemption is only valid for one entry. Further approvals would need to be granted each time the person needs to depart and re-enter Australia. There is no guarantee that any subsequent approvals would be granted.

Flight delays

Australia currently restricts the number of weekly international arrivals which has caused difficulties in securing flights and often results in flight cancellations. This should be factored into any scheduling plans.

Quarantine

All international arrivals must quarantine for 14 days unless exempt for medical reasons. The traveller (or other person) must meet the costs of quarantine which vary slightly from State to State.

Quarantine is required even if fully vaccinated or the person has had COVID.

Extensions after arrival

In most cases it is possible to extend the visa after arrival should this be required.

Entertainment Team

Learn more about our Entertainment Team and discover how we can help you in your visa application process.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

With job vacancies reaching an all-time high and significant skill shortages in Australia, the Joint Standing Committee on the Inquiry into Australia’s Skilled Migration Program has released its interim report making several recommendations to improve Australia’s skilled migration program in a post-pandemic environment and so far it’s all great news!

Some of the key findings of the report include:

• 500,000 temporary visa holders left Australia during the pandemic creating a significant skills shortage – temporary visa holders in Australia as of 20 March 2020 was just short of 2.3 million, and the figure was 1.8 million as at 14 February 2021.
• Job vacancies in November 2020 reached 254,000 higher than any point in the last 10 years.
• Australia needs to replace the skilled migrants that left our shores as a result of the pandemic. Without the return of skilled migration, Australia’s economic recovery will be severely hampered and it will be harder to create more jobs for Australians.

The report clearly concludes skilled migrants have the ability to fill gaps in the Australian workforce and aid in the recovery of the economy and makes the following recommendations:

• Pathway to permanent residency clarified for employer sponsored visa holders
• That the Business Innovation and Investment Program and Global Talent Independent visas provide options for both automatic permanent residence and temporary visas with a clearly articulated path to permanent residence
• Priority Migration Skilled Occupation List to be expanded to include Chefs, Veterinarians, Café/Restaurant Managers and Seafarers. This would facilitate border exemptions during the border closures. It is also recommended that other occupations be reviewed closely for this Priority List including civil engineers, electrical engineers, motor mechanics, cooks, carpenters, electricians and other roles in the hospitality, health, trades, agriculture and manufacturing sectors
• A review of Occupation Lists to ensure the lists address urgent skill shortages and employment challenges
• Streamlining of Labour Market Testing and an easing of the requirements so they are less prescriptive
• Removal of the Skilling Australia Fund payment until the end of the pandemic. Thereafter if the levy is retained, aligning the levy with the commencement of employment of the skilled worker or guarantee of refunds if not successful. If the employer has spent the same amount or more in the previous 12 months on their Australian workers – they should not be required to pay the levy
• Greater transparency provided by the Department of Home Affairs in regards to the progress of employer sponsored visa applications
• Adjustment of visa conditions in certain industries to allow for sponsored skilled visa holders to work for several employers without having to make new applications for visas
• Reservation of seats on flights and quarantine spots for skilled migrants
• Visa processing times to be improved and expedited for those still onshore

What does this mean for visa applicants and employers?

The Committee’s recommendations address the complexities of navigating the skilled migration pathway, ensuring there is easier access to skilled migrants. This will allow for immediate shortages in the Australian workforce to be filled.

Adjustment of the Labour Market testing Requirements will aid in reducing the regulatory burden placed on businesses. This will allow for businesses to employ skilled migrants in a more timely manner and adequately address workforce shortages. This will relieve the financial and time constraints many Australian businesses are currently facing whilst navigating the migration process.

The combined review of skills lists and the amendment of visa requirements will allow skilled visa holders the opportunity to be employed in alternative roles with alternative employers. This will not only increase the appeal of migration to Australia but will also reduce delays in processing and allow visa holders to effectively contribute to rebuilding the Australian economy and workforce.

TSS holders should also be provided with greater clarity and direction regarding their options for permanent residency. The above recommendations will establish a clearer pathway for permanent residence once their TSS visa expires, acting as an incentive and encouraging greater commitment to the work being undertaken in Australia.

What is next?

The inquiry will continue with a wider focus on long term reform of the skilled migration program. Submissions responding to the terms of reference will be accepted until 31 March 2021. A copy of the interim report and more details about the inquiry are available on the Committee website  with the final report from the Committee will being produced in July 2021.

If you would like making a submission please contact us.

DISCLAIMER This information is current as of 19 March 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Ministry of Manpower (MOM) in Singapore has announced a major shift in the work authorisation requirements for the dependants of work pass holders in Singapore. Currently dependant pass (DP) holders are only required to obtain a Letter of Consent (LOC) from the MOM in order to work or run businesses in Singapore. With effect from 1 May 2021, DP holders will need to apply for a work pass (Employment Pass, S-Pass or Work Permit) in order to work lawfully in Singapore. Eligibility for a work pass will be subject to the usual conditions for hiring foreign workers, including qualifying salary, qualifications, skill sets, labour market testing, quotas and levies. Details of the new policy and guidelines will be announced on or before 1 May by the MOM.

Below is a summary of the key facts of the announcement:

• DP Holders are required to apply for relevant work pass in order to work or run businesses in Singapore
• Existing DP holders who have a LOC can continue to work till the expiry of the LOC after which the employer will need to apply for a work pass
• Those with LOC’s expiring in coming months may be able to apply for an LOC extension before 30 April 2022
• DP holders who are existing business owners will be allowed to continue running their business with LOC if they meet the following criteria:
  • The DP holders are sole proprietors, partners or company directors with at least 30% shareholding in the business; and
  • The business hires at least one Singaporean or permanent resident who earns at least SGD1,400 per month and receives Central Provident Fund contributions for at least 3 months

We suggest clients with foreign employees in Singapore:

• Review the current LOC population and their expiries
• Assess their eligibility for work pass based on their current employment terms
• Plan ahead for the switch to relevant work pass before the expiry of LOC (or extend this where that is possible)

Please contact our Global Services Team for more details or assistance.

DISCLAIMER This information is current as of 8 March 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The government has now provided further clarity on certain concessions affecting the residence and employment requirements for certain visa types.

Subclass 485 – Temporary Graduate – Offshore lodgement and grant permitted

Concessions have been granted to all subclass 485 streams, the Graduate Work, the Post Study Work and the Second Post Study Work streams, to allow eligible visa applicants to lodge and be granted their visa whilst outside of Australia if impacted by COVID travel restrictions during the concession period which commenced on 1 February 2020. Subsequent entrants can also be onshore or offshore for lodgement and grant.

Subclass 887 – Skilled Regional Visas – Onshore / offshore concessions

Applicants outside of Australia – During the COVID concession period which commenced on 1 February 2020, applicants can make their visa application outside Australia and be granted the visa while outside Australia.

In further concessions announced this month, these applicants have the following shorter employment requirements and shorter residency requirements:

• 9 months full-time work in a specified regional area. A concession of 3 months off the usual 12 month period; and
• 18 months residence in a specified regional area. A concession of 6 months off the usual 2 year period.

Applicants inside Australia – Those applicants applying onshore will still be required to meet the 2 years of residence in a specified regional area. However, they will also receive the 3 months employment concession of 9 months full-time work in a specified regional area.

Subclass 888 – Business Innovation Visa – Residency requirements

Applicants for Subclass 888 visas must usually have been physically present in Australia for a least 1 year in the 2 years immediately before they make the visa application.

From 1 February 2020, time spent overseas may be counted as being time spent in Australia if the applicant held one of the following visas:

• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream; or
• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream.

The first visa in the Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream must have been granted on or before 30 June 2019.

DISCLAIMER This information is current as of 15 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Some categories of visas require applicants to be physically outside of the Australia at the time the visa is granted. Given COVID-19 travel restrictions are affecting visa applicants, in a further announcement from the government, we now have confirmed dates when new changes are intended to come into effect.

Family Visas – Onshore grant permitted

From 27 February 2021 some Family stream visas, which have been applied for outside Australia, can be granted while the visa applicant is in Australia. This concession applies to the following subclasses:

• Partner (subclass 309) visa
• Prospective Marriage (subclass 300) visa
• Child (subclass 101) visa
• Adoption (subclass 102) visa
• Dependent Child (subclass 445) visa

The same concession will commence for eligible parent visa applicants on 24 March 2021:

• Contributory Parent (subclass 173) visa
• Contributory Parent (subclass 143) visa
• Parent (subclass 103) visa

This temporary concession would be for certain applicants who are in Australia and are not able to travel offshore to be granted the visa because of COVID-19 travel restrictions. It is not known how long this concession will be in place as it is dependent on travel disruption. It also gives no indication as to whether processing of these visa types will speed up and the government has stated in its website  that parent visa applications would not be impacted by these amendments.

DISCLAIMER This information is current as of 15 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Global Talent Independent Visa program aims to attract top talent in certain critical sectors.

One of the requirements for the GTIP is that the applicant can demonstrate they will be able to earn above the Fair Work High Income Threshold (FWHIT) (currently AU$153,600 ex super and bonuses per annum) in Australia. This can be demonstrated with evidence of current earnings, future job offers or market salary research which we assist our clients with.

The threshold amount can be sometimes challenging for recent graduates however those with PhDs may be able to get around it.  Since its launch, the GTI program has attracted lots of recent graduates but from 20 January 2021, students nearing completion date and graduates of Masters by Coursework, Masters by Research and Bachelor with Honours are no longer eligible for invitation to the GTI program solely on the basis of their qualifications. This includes candidates who submitted an Expression of Interest (EOI) prior to this date.  Those who received an invitation before the cut-off date are still eligible to apply.

PhD graduates and certain PhD students may still be eligible to apply for the GTI Program if they can demonstrate exceptional talent and international recognition in a target sector. In addition, PhD students who are nearing completion of their degree must be able to demonstrate they had a record of achievement prior to commencing their PhD studies.

To be eligible for the GTI Program, individuals must demonstrate that they:

• are internationally recognised with evidence of exceptional and outstanding achievements in the target sector;
• are currently prominent in the target sector;
• would be an asset to the Australian community;
• would have no difficulty in obtaining employment in Australia, or becoming established independently in Australia in the target sector;
• likely to earn an annual salary that meets the Fair Work High Income Threshold (currently AU$153,600); and
• have an Australian citizen or permanent resident, eligible New Zealand citizen or Australian organisation with a national reputation in the same target sector prepared to endorse their credentials in the field.

Ajuria’s dedicated Global Talent Visa team has successfully lodged many applications for Global Talent Visas including for recent graduates and are now seen as some of the leading experts in this specialised area.

If you have questions or want to learn more about how the Global Talent visa could help you, please contact your Ajuria lawyer.

If you are an employer and are interested in offering this pathway for your staff, we would love to help!

How do I get an assessment done to see if I am eligible for the Global Talent visa?

The first thing is to contact our office and speak to one of our GTIP specialist lawyers. You can book an appointment here.

DISCLAIMER This information is current as of 12 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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