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 28 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.

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 28 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.

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 the 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 and the unemployment rates in Australia. If it is, then this could have an impact on 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 28 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.

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 28 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.

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 28 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.

As the Australian government restricts inbound and outbound travel due to the health pandemic and limits incoming flights into Australia’s only three international operating airports, we are challenged with dealing with travel waivers as sponsors are keen to bring in temporary visa holders.

This has meant new processes being put in place by the Australian Border Force Commissioner, who is working closely with Immigration officers in dealing with some visa processing and travel exemptions. Over the past few months, immigration officers have been deployed to work on this taskforce 24/7, dealing with thousands of applications as our borders remain practically closed and inbound travel is down by 98%.

We have been working with our clients over the past months lodging waiver applications in an area that is completely new not only to us, but the government as well.

For the purposes of our work, the applications that are successful clearly relate to critical skills and this is not limited to medical roles.

What does this mean in a practical sense?

The government wants to stimulate the economy, and any waiver application that can clearly demonstrate critical skills and contribution to the economy is likely to be successful. From our experience, this can range from civil engineers & construction project managers earning anything between $96,000 and up to $400,000, software engineers around the $120,000 salary mark or higher who can demonstrate remote working is not conducive due to teams in different time zones, through to supply and distribution roles.

To recap the current travel restrictions are:

International flight restrictions
International flights into Australia have been significantly limited and all international arrival ports (Sydney, Brisbane and Perth) are now passing on the quarantine costs to the traveller.  Businesses can reimburse their employees if they wish.

Inbound travel restrictions
Only the following can enter Australia:

• Australian citizens/permanent residents.
• Immediate family members (partner/children) of an Australian citizen/permanent resident.
• New Zealand citizens who are usually resident in Australia.

Travel exemptions
All others must apply for travel exemptions through the Australian Border Force Commissioner. This process can take weeks and travellers will not be allowed to travel to Australia unless a waiver is granted. The grounds currently being considered are limited to:

• compassionate or compelling reasons
• people with critical skills (for example, medical specialists, engineers, marine pilots and crews) by exception
• travelling at the invitation of the Australian Commonwealth Government for the purpose of assisting in the COVID-19 response or whose entry would be in the national interest
• critical medical services
• diplomats
• ​case-by-case exceptions for humanitarian or compassionate reasons.

Who is getting travel exemptions?
We recently requested data from the Australia Border Force Commissioner under the Freedom of Information Act which confirms only 3,759 individuals have been given permission to enter Australia in the period from 2 February 2020 until 22 June 2020. These approvals can be broken down as follows:

Based on our firm’s experience with lodged waiver applications, 55% have been approved, 8% refused and 37 % are pending. More important than this, we are finding that these applications are moving much more quickly in recent weeks suggesting a favourable shift in government approach. This is very welcomed and clients will no doubt start to benefit and take advantage – contact us for more details on what this means for your business.

DISCLAIMER This information is current as of 23 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.

Our next webinar on travel restrictions
Below is the latest information about each of the states. We will be discussing these in our webinar today Tuesday, 14 July 2020 at 2pm AEST.  REGISTER HERE

Travel restrictions
Travel restrictions still apply which means only the following can enter Australia:

• Australian citizens/Permanent residents
• Immediate family members of an Australian citizen/permanent resident
• New Zealand citizens usually resident in Australia.

Travel exemptions
All others must apply for travel exemptions through the Australian Border Force Commissioner. This process can take weeks and travellers will not be allowed to travel to Australia unless a waiver is granted. The grounds currently being considered are limited to:

• compassionate or compelling reasons
• people with critical skills (for example, medical specialists, engineers, marine pilots and crews) by exception
• foreign nationals travelling at the invitation of the Australian Commonwealth Government for the purpose of assisting in the COVID-19 response or whose entry would be in the national interest
• critical medical services, including air ambulance and delivery of supplies, that regularly arrive into Australia from international ports
• diplomats accredited to Australia and currently resident in Australia, and their immediate family
• ​case-by-case exceptions for humanitarian or compassionate reasons.

In practice, we are only seeing exemptions being granted individuals with critical skills involved in large scale infrastructure projects such as engineers.

International flight restrictions
Last week the Prime Minister directed airlines to cut the number of flights and available seats to Australia from Monday, 13 July to significantly reduce the number of international arrivals into the country. International flights are suspended into Victoria.

There will be caps on the numbers of passengers coming into Australian airports from overseas. The government has confirmed this

• These measures will be temporary and will be reviewed
• The Government will seek to provide airlines with at least 48 hours’ notice to minimise disruptions
• It’s up to the airlines, not the Government, to decide who it sells tickets to.

States and territories are now charging for quarantine, with NSW announcing their fees over the weekend.

Below is a summary by state/territory:

NSW

International Flights

• 450 international arrivals per day will continue, as announced on 4 July with a view to further reductions in subsequent weeks.

Quarantine from international flights – 14 days
A mandatory quarantine fee will apply to all international travellers flying to NSW from 12:01am Saturday, 18 July.

• $3,000 for 1 adult
• $4,000 for 2 adults
• $4,500 for 2 adults & 1 child
• Additional children: $500 each
• Child under 3 years: no additional cost

Travellers who purchased their flights before 11:59pm 12 July AEST will be excluded from quarantine fees.

Interstate restrictions
NSW has temporary shut its border with Victoria.

Victoria

International Flights
Declaration of State of Emergency until 11.59pm 19 July 2020.
No international flights into Victoria.
https://www.dhhs.vic.gov.au/victorias-restriction-levels-covid-19

Quarantine from international flights – 14 days
N/A – no international flights into VIC.

Queensland

International Flights
Cap of 500 international arrivals per week.

Quarantine from international flights – 14 days

• $2,800 for 1 adult
• $3,710 for 2 adults
• $4,620 for 2 adults and 2 children

Interstate restrictions
From 10 July 2020, any person travelling from NSW, WA, SA, Tasmania, ACT and NT may enter QLD subject to lodging a border declaration.

Any person from an area declared as a COVID-19 “hotspot” (including Victoria) must not enter Queensland.
https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/stay-informed/travel-advice

Western Australia

International Flights
Cap of 525 international arrivals per week

Quarantine from international flights – 14 days
Costs to be determined

Interstate restrictions

• Regardless of whether you are a resident or non-resident of WA, all travellers must apply for a travel exemption to enter WA. No one will be allowed into WA if they have not been in VIC in the previous 14 days.
• All travellers are required to self-isolate for 14 days.

https://www.wa.gov.au/organisation/department-of-the-premier-and-cabinet/covid-19-coronavirus-travel-advice

South Australia

Quarantine from international flights – 14 days
N/A – no international flights into SA

Interstate restrictions
Travellers are required to complete a cross border pre-approval form before entering the State.
A further 14 days of self-quarantine will apply in SA for international travellers who have arrived in another State or Territory.
https://www.covid-19.sa.gov.au/emergency-declarations/cross-border-travel

Tasmania

Quarantine from international flights – 14 days
N/A – no international flights into TAS

Interstate restrictions
Except for Essential Travellers (specified persons), any person from VIC must not enter TAS.
TAS residents returning home are required to self-quarantine for 14 days at their place of residence.
https://www.coronavirus.tas.gov.au/travellers-and-visitors

Northern Territory

Quarantine from international flights – 14 days
N/A – no international flights into NT.

Interstate restrictions
Anyone travelling interstate to the NT is required to self-quarantine for 14 days.
From 17 July 2020, all mandatory quarantine will be lifted except for travellers from “hotspots” (including VIC).
https://coronavirus.nt.gov.au/stay-safe/quarantine

ACT

Quarantine from international flights – 14 days
N/A – no international flights into ACT

Interstate restrictions
ACT residents are not advised to travel to VIC except for absolutely essential reasons. https://www.covid19.act.gov.au/community/travelling-and-transport

These rules change regularly so contact us if you have questions about quarantine.

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.

We are starting to see more travel exemptions being granted to allow critical employees into Australia. Under current Australian Border Force rules, all international travellers entering Australia must be isolated in mandatory quarantine accommodation for 14 days. However, if employees are then required to travel interstate, different rules then apply for each State or Territory.

ACT:       There are currently no restrictions on entering or leaving the Australian Capital Territory. https://www.covid19.act.gov.au/community/travelling-and-transport

NSW:     There are currently no restrictions on entering or leaving New South Wales.
https://www.nsw.gov.au/covid-19/travel-and-transport-advice

NT:         Currently, anyone travelling interstate to the Northern Territory is required to self-quarantine for 14 days. From 17 July 2020, all mandatory quarantine will be lifted.
https://coronavirus.nt.gov.au/travel/remote-work-and-travel

QLD:      Only Queensland residents, residents of border communities undertaking essential activities and those considered an ‘exempt person’ are currently allowed to enter Queensland from another State or Territory. All non-residents must lodge a travel request and will be assessed on a case by case basis. Anyone returning from an area declared as a COVID-19 hotspot in Australia within the last 14 days will be required to self-isolate for 14 days.  Queensland is set to open its borders from 10 July 2020.
https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/stay-informed/travel-advice

SA:         Travellers entering directly from the Northern Territory, Queensland, Tasmania and Western Australia are not required to self-quarantine. If you are arriving from any other State or Territory you will be required to self-isolate for 14 days. These restrictions are anticipated to be lifted on 20 July 2020.
https://www.covid-19.sa.gov.au/emergency-declarations/cross-border-travel

TAS:       Tasmanian residents are required to self-quarantine for 14 days at their place of residence. All non-residents are required to complete a 14-day quarantine at a Tasmanian government accommodation facility. At this stage, the border restrictions will be in place until at least 24 July 2020.
https://www.coronavirus.tas.gov.au/travellers-and-visitors

VIC:        There are currently no restrictions on entering or leaving Victoria.
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 travel exemption to enter Western Australia. All travellers are required to self-isolate for 14 days.
https://www.wa.gov.au/organisation/department-of-the-premier-and-cabinet/covid-19-coronavirus-travel-advice

These rules change regularly so contact us if you have questions about quarantine.

DISCLAIMER This information is current as of 29 June 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.

As the end of financial year is quickly approaching we are expecting the Government to issue a statement outlining an increase in fees and charges for lodging visa applications. Due to COVID-19 and the growing delay on application processing times we are unsure of what, if anything, the Government will do regarding the application fees this year.

On 15 June 2020, the Government did announce one small change to the surcharge rate for any payments made by credit card or PayPal for sponsorship, nomination fees and visa application charges.  Currently, the surcharge fee is dependent on the type of credit or debit card used at the time of lodgement. This announcement by the Government will standardise the surcharge to 1.4% on 1 July 2020.

Previous surcharge fees were in the range from 1.0% to 1.99% and so this standardisation will have a small impact on some of our clients but not all.

The Government has not provided information on any additional application fee increases although further announcements may be made prior to the end of the financial year on 1 July 2020. We will keep you up to date as always.

DISCLAIMER This information is current as of 29 June 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.

Many states in Australia are implementing compulsory registration requirements for engineers. This is very important for companies employing or sponsoring overseas engineers because it is a condition of a TSS visa that any compulsory registration or license must be obtained within 90 days of arrival in Australia or grant of the visa if already in Australia. It will also be required before permanent residence can be granted.

Registration laws in Queensland are already in effect.  For NSW, they will be in effect by 1 July 2021. Other states are expected to announce their time table soon.

It is not clear at this stage:

• Exactly what categories of occupation/activity will require registration e.g. if Construction Managers doing some engineering work will also require registration
• Whether there will be exemptions from registration e.g. it appears that performing engineering work under the supervision of an engineer may be allowed without registration
• Whether there will be more flexible timeframes for overseas engineers (either already in Australia or who will be arriving) to become registered (beyond the 90 days above)

We highly recommend that clients reach out to their state engineering authority for more information and we are always happy to help.

DISCLAIMER This information is current as of 29 June 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.