With the outbreak of the Coronavirus, the Australian Government has imposed temporary travel bans effective immediately.

People will not be allowed to enter Australia for 14 days from the time they leave or transit through mainland China even if they have a current temporary visa.

The Department of Home Affairs has flagged it may consider cancelling visas of people arriving in Australia who are subject to the ban.

This ban does not apply to:

• Australian Citizens
• Permanent residents
• Immediate family members of Australian citizens and permanent residents including spouses, minors  and legal guardians

It is expected this will have an impact on the processing of visa applications for those based in China or where the Department has information that they have been there recently.

We will update this information as the ban changes.

DISCLAIMER This information is current as of 3 February 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.

Since its launch by the Hon David Coleman MP, Minister for Immigration in November 2019, the Global Talent Independent (GTI) Program has generated a lot of interest and the first visas have now been granted.

The Program seeks to attract “the best and the brightest” from around the world by offering a streamlined and priority pathway to permanent residence if candidates are distinguished in one of the seven identified GTI industries and are likely to be able to command a salary in Australia above the Fair Work High Income Threshold (FWHIT), currently $148,700.

The seven identified GTI industries are: AgTech; Space & Advanced Manufacturing; FinTech; Energy & Mining Technology; MedTech; Cyber Security; Quantum Information, Advanced Digital, Data Science & ICT.

The Minister has now also authorised the Department to consider the following student cohorts for the GTI Program, as long as their research is internationally recognised or has relevance for Australian academia, governments and industry:

1. Recent Masters and Honours graduates (completion within the last 3 years) with degrees relevant to the seven identified GTI industries who can show that they have a distinction average (80% or above) for their course.
2. Recent PhD graduates (completion within the last 3 years or those in their last semester of submitting their thesis) in areas relevant to the seven identified GTI industries.

The Department is allocating 500 onshore and 500 offshore places for these cohorts; there is an expectation that offshore places are filled by graduates of reputable universities, in keeping with the objective of the Program to attract the “best and the brightest”. There is no additional requirement to evidence that the salary threshold will be met.

Please contact your Ajuria Lawyers adviser if you require further information.

DISCLAIMER This information is current as of 3 February 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.

Happy New Year to all of our readers.

During 2020, Ajuria Lawyers looks forward to sharing information that we hope is useful, current and interesting.

With Parliament in recess, and news dominated by the bushfire tragedy in Australia, December / January has been a quiet time from an immigration point of view.

With no scheduled Federal election in Australia this year, we can expect that it will soon be “business as usual”. The Australian Border Force is likely to continue if not expand its monitoring activities, and there is an important article in our January newsletter on monitoring of business sponsors. We also expect to hear a lot more about the Government’s new Global Talent and Regional Visa programs in 2020.

There is also an opportunity to get involved in the review of Skilled Occupations Lists, and we await details of the review of the Skilling Australians Fund (also known as the training levy).

We trust you will enjoy our newsletters in 2020 – and we are always grateful for feedback.

DISCLAIMER This information is current as of 16 January 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.

In our October 2019 newsletter, Ajuria Lawyers reminded business sponsors of the importance of ensuring compliance with sponsorship obligations.

The Sponsorship Monitoring Unit of the Australian Border Force (ABF) appears to be very active. During the month of October, 111 sponsors were monitored. Outcomes of these audits included significant penalties, cancellation of approval as a sponsor, being barred from sponsoring other workers for a period and being issued with infringement notices.

The ABF also maintains a public register of sanctioned sponsors; it states that public disclosure aims to deter other sponsors from breaching their obligations and protects foreign workers from exploitation by enabling them to inform themselves about working for a potential sponsor.

The ABF’s current focus appears to be on industry sectors covered by Awards or other industrial agreements; these sectors include hospitality and construction.

The Award system is a complex one. While employment law is outside of our scope as immigration lawyers, we have observed the following:

• Many employers choose to “annualise” wages as this makes it easier to manage payroll. Some Awards or industrial agreements have specific “annualisation” clauses; under one hospitality Award, for example, annualisation requires the salary to be at least 25% more than the base rates of pay, as per the Award. This can result in sponsored employees being paid a salary that may match the salary on their visa approval, that nonetheless does not meet the minimum required under the Award. This constitutes a breach of sponsorship obligations.
• The Australian Border Force also seems to be reviewing whether or not it is appropriate to annualise salaries in the first place.
• In another recent and high profile case, the Fair Work Commission has questioned the appropriateness of claiming an exemption from the Award or industrial agreement, based on the occupational classification (for example, being a manager).
• Some employers have classified sponsored employees differently under the Award and for visa purposes. For example, classified as a Cook for payroll, but as a Chef de Partie for the visa. Such inconsistency is an issue if the employer is monitored. It is important that sponsored employees are employed in their approved occupations, and to be aware that any change in roles after a visa is granted may require the approval of the Department of Home Affairs.

Ajuria Lawyers expects that compliance activities will be a feature of the 2020 immigration landscape, and will continue to work closely with business sponsors to ensure compliance.

DISCLAIMER This information is current as of 16 January 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.

“Accredited” status has delivered many positive benefits for Business Sponsors. As a result of the broadening of the applicability criteria, and the flexible approach adopted by the Department of Home Affairs, many more clients are enjoying the benefits of streamlined documentation requirements and priority processing. The benefits have extended from temporary to permanent visa applications, with permanent residence applications lodged under the Employer Nomination Scheme being processed noticeably faster, if the employer has “accredited” status.

The Department has recently advised that there are approximately 47,000 Standard Business Sponsors, and approximately 2,600 Accredited Sponsors.

Ajuria Lawyers continues to encourage all businesses that are eligible to attain this “Gold Star” status with the Department.

DISCLAIMER This information is current as of 16 January 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 Government’s new Regional Visa program commenced on 16 November 2019. With an allocation of 25,000 places in the 2019-20 Migration Program, the Government sees migrants as part of the solution to populate regional Australia and reduce congestion in the major cities of Sydney, Melbourne and Brisbane.

For employers wishing to sponsor an overseas worker for the new Subclass 494 Skilled Sponsored Regional Provisional Visa, there are almost 650 occupations to choose from.

Occupations on the Medium to Long Term Strategic Skills List (MLTSSL) offer a pathway to permanent residence under the standard Employer Nomination Scheme; any occupation on this list of 216 occupations is an eligible occupation for the Subclass 494 visa.

In addition, there is a dedicated Regional Occupation List (ROL), with 434 occupations, including many that would not be suitable for temporary sponsorship, let alone provide a pathway to permanent residence, under standard programs.

Despite the flexibility around occupations, the Subclass 494 visa requires a number of additional steps, including the requirement for the visa applicant to obtain a positive skills assessment for their nominated occupation. An employer nominating an overseas worker for a Subclass 494 visa must obtain certification from a Regional Certifying Body in relation to Annual Market Salary Rates (AMSR) for the nominated occupation.

Please contact your adviser to discuss regional visa options in more detail.

DISCLAIMER This information is current as of 16 January 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 annual review of occupations lists is underway, with new lists scheduled to be published in March 2020.

The Department of Employment, Skills, Small and Family Business (headed by Senator the Hon Michaelia Cash) is the relevant Department that undertakes the review, and provides its recommendations to the Department of Home Affairs.

In December 2019, the Department of Employment released its “Traffic Light Bulletin” that flags the proposed changes.

Some of the proposed changes – for example, the transfer of ICT Project Manager, Sales & Marketing Manager, Information & Organisation Professionals (each with caveats) from the Short Term to Medium to Long Term Strategic Skills List (MLTSSL) – were enthusiastically welcomed by our clients.

However, it is important to note that the proposed changes are just that – proposed and not guaranteed.

We encourage interested stakeholders to participate in the review process, and consider making an online submission before 12 February, ahead of the finalisation of the lists in March.

For further information about other proposed changes, or how to make a submission, please contact your Ajuria Lawyers’ advisor.

DISCLAIMER This information is current as of 16 January 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 Administrative Appeals Tribunal (AAT) has recently published its annual report, confirming the trend that lodgements of review applications in the Migration & Refugee Division continue to grow at a record rate. During 2018-19, over 36,000 applications were lodged, more than double the number lodged 3 years ago, and there are approximately 60,000 applications awaiting processing.

Unfortunately, based on current resources at the AAT, this means that waiting times are only likely to increase. The average time to finalise a review application is now 68 weeks.

It is also interesting to note the outcome of AAT decisions. During 2018-19, only 30% of decisions were overturned by the AAT and remitted to the Department of Home Affairs for further processing. The balance were affirmed (35%) by the AAT, withdrawn (22%) or otherwise did not proceed.

DISCLAIMER This information is current as of 16 January 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.

Anyone who has applied to sponsor one or both parents to Australia knows that it is a long, uncertain and expensive process.

The demand for Parent visa places within the 2019-20 Migration Program has just become even greater, with the Government announcing the following:

Contributory Parent: 6,096 visas (reduced from 7,175)
Parent: 1,275 visas (reduced from 1,500)

The reduction in places will only add to the already protracted processing times; for Contributory Parent visas, applications lodged in November 2015 are currently being processed, while the wait for standard Parent visas may be decades.

The Government responded with the recent introduction of the new Temporary Parent visa, and has advised that to date, 500 visas have been granted. Its intention is not to allow a backlog to develop and the program has been capped at 15,000 places. This new visa allows parents to stay for 3 years or 5 years, and does not have a pathway to permanent residence, however it does, for example, allow parents to be with their families temporarily in Australia, while their permanent application is under processing.

The Parent visa program is undergoing change in New Zealand too, as set out in the article from our NZ office.

DISCLAIMER This information is current as of 16 January 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 NZ Government has announced that the long-anticipated re-opening of the Parent category will occur in February 2020. This category has been closed since 2016.

The requirements, however, have changed dramatically and have firmly placed the onus for financial stability onto the adult child (and their partner) based in New Zealand. All asset and income testing has been removed from the requirements for the parents, and instead only those adult children who have been earning a significant income for two of the last three years will be able to support their parents through this process.

Further details have yet to be announced but an indicative example is that if an adult child and their partner wish to sponsor two parents (ie Mother and Father), then their combined income level must have been NZ$212,160 for two of the last three years, compared to the previous NZ$90,000.

We are happy to refer further queries to Karen Justice in our Ajuria NZ office.

DISCLAIMER This information is current as of 16 January 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.

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DISCLAIMER This information is current as of 16 January 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.