The Government has announced new policy to allow working holiday makers to work for up to 12 months with any one employer, if the work is related to bushfire recovery.

This is designed to support farmers, regional businesses and charitable organisations in fire-affected communities. It will enable working holiday makers who have undertaken paid and volunteer disaster recovery work in declared areas to count this work towards the “specified work” needed to apply for a second and third year 417 or 462 visas.

This change is not unprecedented, as similar arrangements were put in place  following Cyclone Debbie in 2017.

DISCLAIMER This information is current as of 26 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.

A primary sponsored person on a Temporary Skills Shortage (TSS) visa is granted approval to work in their nominated occupation for the duration of their stay.

If the opportunity or need arises for a sponsored person to perform higher duties on a temporary basis, this is possible under policy if:

• the sponsored person agrees to undertake the higher duties; and
• the appointment of the sponsored person at a higher level is for a period of two months or less; and
• records are kept regarding the temporary arrangement including duration of the higher duties and any additional salary paid.

Under policy, if the period of higher duties exceeds two months and is outside of the scope of their ANZSCO occupational classification, a new nomination must be lodged, and the sponsored visa holder is unable to commence the higher duties until the nomination is approved. Otherwise, a sponsored visa holder is able to accept an opportunity to undertake higher duties.

If you are unclear as to whether the higher duties fall within the occupational classification, please contact your Ajuria advisor.

DISCLAIMER This information is current as of 26 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.

The Henley Passport Index ranks passports according to the number of countries the passport allowed holders to access visa-free or where they could obtain a visa on arrival.

In its recently published results, Japan maintained its place at the top of the list of the world’s most powerful passports for 2020, with its citizens enjoying access to 191 countries without requiring a visa in advance.

Australia climbed one place in the rankings, from equal 10th to equal 9th, after the number of countries Australians can visit without a visa increased from 181 to 183 in the past year. There were 21 countries that had access to more countries than Australia visa-free.

The top 10 ranked passports are:

1. Japan (191 destinations)

2. Singapore (190)

3. South Korea, Germany (189)

4. Italy, Finland (188)

5. Spain, Luxembourg, Denmark (187)

6. Sweden, France (186)

7. Switzerland, Portugal, Netherlands, Ireland, Austria (185)

8. United States, United Kingdom, Norway, Greece, Belgium (184)

9. New Zealand, Malta, Czech Republic, Canada, Australia (183)

10. Slovakia, Lithuania, Hungary (181)

For further details, refer to https://www.traveller.com.au/the-worlds-most-powerful-passports-for-2020-named-visa-free-access-h1kwme

DISCLAIMER This information is current as of 26 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.

During a recent visit to Australia by President Joko Widodo of Indonesia, the Australian and Indonesian Governments welcomed the imminent ratification of the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA).

The two Governments noted opportunities for increasing people-to-people links, including that Indonesian access to Australia’s Work and Holiday Visa will increase from 1,000 to 4,100 when the Agreement is ratified,  increasing to 6,000 in the sixth year.

Indonesia will be added to the list of countries where there is an exemption of Labour Market Testing for its nationals, based on International Trade Obligations.  Hong Kong and Peru will also be added, following recent ratification of trade agreements with Australia.

Ajuria Lawyers will provide further confirmation at the appropriate time.

DISCLAIMER This information is current as of 26 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.

In our update of 3 February 2020, Ajuria Lawyers advised that the Government had banned the entry of foreign nationals to Australia, if those persons had spent any time in mainland China in the  14 days prior to their intended date of entry to Australia.

Exceptions were made for:

• Australian citizens;
• Australian permanent residents;
• New Zealand citizens resident in Australia;
• Immediate family members of Australian citizens and permanent residents, including spouses and dependants.

This ban has now been extended to at least 29 February and a further announcement will be made based on the evolving situation.

In the meantime, on 22 February,  limited exemptions from travel restrictions were announced for Year 11 and 12 students who remain in China (unless from Wuhan / Hubei province), and the first group of Australian citizens and permanent residents who were evacuated from Wuhan and quarantined on Christmas Island for 14 days, have been able to return home.

DISCLAIMER This information is current as of 26 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.

The New Zealand Government has had restrictions in place regarding the entry of foreign nationals coming from or transiting through mainland China since 2 February. This restriction has just been extended until 3 March and is being reviewed every 48 hours. The current restrictions are twofold:

1. All foreign nationals who have left from or transited through mainland China on their way to New Zealand in the 14 days immediately preceding the intended arrival in New Zealand are being denied entry.
2. NZ citizens and permanent residents (including residence class visa holders with valid travel conditions) and their immediate family (partner and dependent children up to the age of 24) are permitted to enter New Zealand, but will be required to self-isolate for 14 days after their arrival.  Note that this also includes Australian citizens and permanent residents whose primary place of residence is New Zealand.

In addition, the Immigration New Zealand (INZ) processing office located in Beijing has been closed since earlier this month, and will remain closed for now.  A large component of their case load is being allocated to other INZ offices, but this may impact the processing times for visitor visas in particular.

DISCLAIMER This information is current as of 26 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.

Jigsaw puzzles seem to be enjoying a renaissance in the 21st century, no doubt because of findings of many studies that jigsaw puzzles are good for brain health. Jigsaw puzzles have been credited with reducing stress, improving memory, promoting cooperation and collaboration, improving problem–solving, reducing the likelihood of dementia, and the list goes on.

The scientific explanation seems to be that jigsaw puzzles exercise the left and right sides of your brain at once. Your left brain is logical and works in a linear fashion, while your right brain is creative and intuitive. When you are doing a jigsaw puzzle, both sides are engaged.

It should come as no surprise that there are many avid puzzlers at Ajuria Lawyers!!

DISCLAIMER This information is current as of 26 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.

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.