This updates our previous post on this topic on 28 July 2020.

In a significant change of process, the Department of Home Affairs and the Australian Border Force (ABF) have now confirmed that a travel waiver can be applied for and approved before or after a visa application is lodged or granted although the website is yet to be updated. Practically, this means travel permission can be sought before incurring the costs of the visa, although many employers will still want to ensure visa lodgement under their usual processes.

We have also clarified with the Department that:

1. Travel permission is only valid for one entry into Australia and visa holders must apply for a separate travel exemption for each and every entry to Australia.
2. It is possible for a temporary visa holder in Australia to lodge a request for travel permission before they depart Australia.
3. It is possible to link together multiple travellers (although each application will still be assessed separately).

The Department and ABF have also expanded the sectors and skills they will consider critical enough to ‘outweigh the risk to the Australian community’ by permitting entry. A travel waiver will now be considered for individuals:

• with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry);
• delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film and television production and emerging technology), where no Australian worker is available.

Importantly, the examples listed are not comprehensive and those with critical skills or in companies delivering services in other critical sectors may still be eligible if the case is well argued and supported.

By allowing employers to essentially test whether an employee will be permitted to travel before lodging the visa, we expect that the number of applications for travel exemptions will increase and it is likely the ABF will start charging a fee.

Please contact us to discuss whether your employees might meet the newly expanded categories.

DISCLAIMER This information is current as of 6 August 2020 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.

DISCLAIMER This information is current as of 14 July 2020 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 relocation of a family on a TSS visa can be a stressful and complex process, particularly when children are involved. Parents (and their Australian employers) are often left considering school options at the last minute. While Government schools are free for all Australian citizens and permanent residents, each State and Territory have legislated to allow for the charging of fees to overseas students who wish to attend a Government-run school, and this includes the dependants of TSS visa holders.

The Department of Education of each State or Territory regulates overseas student eligibility for enrolment and all tuition and non-tuition fees.

The table below summarises the main costs for the 2020-2021 school years where these figures have been provided by the relevant State or Territory. This is a dynamic area of state legislation so we anticipate these figures are subject to change with little notice. If you have any questions in relation to dependant school-age children, please contact your Ajuria advisor.

DISCLAIMER This information is current as of 14 July 2020 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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As Australia battles with the increase in COVID-19 cases, the rules around travelling and border closures continue to constantly change. At the moment, all international travellers entering Australia must be isolated in mandatory quarantine accommodation for 14 days. Since our last update, there have been some changes to the rules for travel between each State or Territory. If you have employees wishing to travel interstate, we highly recommend checking the rules for each State or Territory before booking any travel.

ACT:       The ACT border remains open. However, all travellers coming from VIC will be denied entry unless they are granted an exemption. Travellers coming from NSW who have been in high-risk areas will be required to self-quarantine for 14 days upon arrival. ACT residents will be able to return home, but will be required to self-isolate for 14 days and must notify ACT Health of their intention to return.
https://www.covid19.act.gov.au/community/travelling-and-transport

NSW:     The NSW border remains open to all states except for VIC. All travellers entering from VIC must apply for a permit and depending on the conditions, may be required to self-isolate for 14 days.
https://www.nsw.gov.au/covid-19/travel-and-transport-advice

NT:         All travellers intending to travel to the NT must complete a Border Entry Form, no more than 72 hours before arrival. Any traveller who is arriving from a COVID-19 hotspot must complete 14 days of quarantine at a government facility.
https://coronavirus.nt.gov.au/travel/domestic-travel

QLD:      Anyone travelling from NSW, WA, SA, TAS, ACT and NT may enter QLD, subject to completing a border declaration. Anyone who has been in a COVID-19 hotspot in the 14 days before arrival, will not be permitted to enter QLD (unless an exception applies). All arrivals from a hotspot will be required to self-quarantine at a government arranged hotel for 14 days.
https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/stay-informed/travel-advice

SA:         All travellers entering SA must complete a cross border pre-approval form at least 72 hours prior to arriving. Travellers arriving from VIC (other than essential travellers) are not permitted to travel to SA. Travellers from ACT, NSW and other essential travellers, will be required to self-isolate for 14 days.  Travellers from NT, QLD, TAS and WA are able to enter without restriction.
https://www.covid-19.sa.gov.au/restrictions-and-responsibilities/travel-restrictions

TAS:       All travellers (including residents) wishing to enter Tasmania must apply for a G2G Pass and will be required to complete a 14-day quarantine. Tasmanian residents who have spent time in high-risk areas in the 14 days prior to arriving in Tasmania and all non-residents will be required to quarantine at a Tasmanian government accommodation facility. All other Tasmanian residents must undertake their 14 days of quarantine at their residence.
https://www.coronavirus.tas.gov.au/travellers-and-visitors

VIC:        There are currently no restrictions on entering Victoria but of course this is highly discouraged.
https://www.dhhs.vic.gov.au/victorias-restriction-levels-covid-19

WA:       Regardless of whether you are a resident or non-resident of Western Australia, all travellers must apply for a G2G Pass to enter WA. All arrivals into WA will be required to self-quarantine for 14 days. All arrivals from VIC will be required to enter hotel quarantine for 14 days.
https://www.wa.gov.au/organisation/department-of-the-premier-and-cabinet/covid-19-coronavirus-travel-advice

Please do not hesitate to reach out to your Ajuria advisor if you have any questions on the current domestic border restrictions.

DISCLAIMER This information is current as of 14 July 2020 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 projected target number of visas for Australia’s Migration Program is announced each year in May (to start in July) as part of the Federal Budget. Due to COVID-19, the announcement for the 2020/21 Migration Program has been delayed until October 2020. In the meantime, the government has kept the Program at last year’s level of 160,000 permanent visas. This number has remained largely unchanged since 2017.

But what does this number actually mean for employers?

First, the number relates only to permanent residence visas. Temporary visas are demand driven and there are generally no caps placed on the number of temporary visas issued.

Second, the 160,000 includes both primary applicants and their family (a visa each) and is divided into three main categories:

• Skills stream (including employer nomination, general skilled, business skill and global talent);
• Family stream (including partner, carer, child, remaining relative, and parent); and
• Other (all other permanent visas that do not fall under the above categories such as refugee and humanitarian visas).

Historically, the skilled stream has accounted for about 70% all permanent visas and we do not expect this to change, regardless of the total number of visas made available. The real question will be whether there will be fewer than 160,000 visas available for 2021, although given that Australia’s international borders are unlikely to open before January (6 months into the program year, which started on 1 July 2020), this may turn out to be a moot point.

So far the delay in the announcement of the Migration Program has not negatively affected the progressing of most employer sponsored permanent visa applications, with most employers still lodging PR applications and the Department still processing them as per usual, albeit somewhat slower. But it remains very unclear whether the total program number might be drastically reduced because of COVID-19 and the unemployment rates in Australia. If the total program number is reduced, then this could have an impact on PR grants next year.

Employers might want to consider working with those employees who are eligible to apply for permanent residency to take advantage of the start of this new Migration Program year by getting in early and submitting their PR application. Your Ajuria team can assist you with planning for this.

DISCLAIMER This information is current as of 14 July 2020 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 Federal government has pledged $400 million to fund the film & TV industry in Australia. Film and TV productions are being lured to Australia in an attempt to capitalise on our low rate of coronavirus infections compared to other countries. Entertainment visas (subclass 408) will be required for foreign nationals who are actors or production support staff. We have assisted a number of Entertainment visas during this COVID-19 period and have been successful in obtaining travel exemptions for these clients.

The Entertainment visa can generally be obtained for a period of up to 3 months with the process being as follows:

1. Union approval + Arts certificate – the relevant union needs to provide a ‘letter of non-objection’ for the activity.  Actors also require an Arts Certificate from the Arts Minister.
2. Visa application –outlining their personal details, skills and experience. An Australian organisation or Australian permanent resident/citizen will need to be the “Supporter” of the application (ie the inviting organisation) and provide a letter outlining the dates and schedule.
3. Travel exemption – due to COVID-19, the foreign national also needs a travel exemption to be approved by Australian Border Force (ABF) in order to enter Australia.

If the stay in Australia will be for more than 3 months, or if the foreign national is applying from within Australia, then an Australian organisation will need to be approved as a Sponsor first before proceeding with the above steps.

Of course at the moment all arrivals into Australia must undertake mandatory quarantine. Whilst there have been some reports in the media of quarantine exemptions for celebrities, this is becoming less likely with the current COVID-19 situation in Victoria and NSW.

If you would like more information on Entertainment Visas, please reach out to us.

DISCLAIMER This information is current as of 14 July 2020 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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When a business applies to become a standard business sponsor (SBS) under the subclass 482 Temporary Skill Shortage (TSS) visa program, they do so with the acceptance that there are certain sponsorship obligations they must fulfil once approved. The sponsorship compliance framework is designed to protect sponsored persons from exploitation and to maintain the integrity of the sponsored visa program by ensuring it is being used for its intended purpose.

Generally speaking, the sponsorship compliance framework covers the following obligations:

• Notification to the Department when certain events occur;
• Payment of travel costs to enable sponsored persons to leave Australia;
• Payment of costs to locate and remove an unlawful citizen;
• Keep records/provide records and information to the Minister;
• Cooperate with inspectors;
• Not recover, transfer or charge certain costs to a sponsored person;
• Ensure equivalent terms and conditions of employment;
• Ensure the visa holders works in the nominated occupation only;
• Not engage in discriminatory recruitment practices.

One of the most commonly overlooked obligations is that sponsors are required to notify the Department of Home Affairs when a new partner, director or member to the managing committee is appointed. This must be done within 28 days of the appointment.

A business does not need to notify of the termination of an appointment.

Your advisor at Ajuria Lawyers can notify the Department of an appointment on behalf of the business. All you need to do is reach out to them with the name and date of birth of the individual, and their appointment date.

The main reason this obligation exists is to help the Department ensure that nominated positions are genuine, and have not been created purely to facilitate the entry or stay of the nominated person in Australia. One of the ‘warning signs’ that case officers are instructed to look for is whether the nominated person is a relative or personal associate of an officer of the sponsoring business, or a director or owner of the business themselves.

Although it is unlikely that a business would be sanctioned for a single breach of this obligation alone, it is still critical to ensure compliance. A lot of little breaches can add up into something more serious, and non-compliance can also have significant ramifications if it leads to other issues, such as the intentional provision of false or misleading information.

If you would like more information on the sponsorship obligations, please do not hesitate to get in touch with us.

DISCLAIMER This information is current as of 14 July 2020 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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