The Department of Employment has released their  ‘Traffic Light Bulletin’ which proposes further changes to the occupation lists for the purposes of sponsorship. Stakeholders have been invited to provide written feedback and Ajuria Lawyers is participating in this process. Some of the key proposals are:

• ROL (Regional Occupation List) – not sponsorable in major metropolitan areas, Sydney, Melbourne and Brisbane
• STSOL (Short Term Skills Occupation List) – generally 2 year visa, has no pathway to permanent residency under the standard TSS program
• MLTSSL (Medium to Long Term Occupation List) – generally 4 year visa, has pathway to permanent residency under the standard TSS program

We will continue to provide regular updates on the occupation lists as they occur.

DISCLAIMER This information is current as of 13 December 2019 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 foreshadowed for some months, the Government’s new Regional Visa Program commenced on 16 November 2019.

There are two new regional visas: one based on employer sponsorship, and one for individuals based on a points test.

The new Subclass 494 Skilled Sponsored Regional (Provisional) Visa requires sponsored employees (and any family members) to live, work and study in regional Australia – everywhere in Australia except Sydney, Melbourne and Brisbane.

The visa provides a pathway to permanent residence after three years. In contrast to the standard Employer Nomination program, permanent residence is not based on an offer of permanent and ongoing employment, rather evidence of the applicant’s income and compliance with visa conditions, among other requirements.

Some important points to consider are:

• The training levy is payable once at the provisional visa stage ($3,000 if business turnover is less than $10 million, otherwise $5,000), and is not payable at the time of the permanent residence application;
• The Regional Occupations List has 434 occupations (twice as many as on the Medium and Long Term Strategic Skills List, which offers permanent residence under the standard Employer Nomination program);
• The position must be located in regional Australia, be full time, genuine, and likely to exist for 5 years;
• Labour market testing is required to evidence that the position cannot be filled locally;
• Sponsored employees require a positive skills assessment for their occupation, and must demonstrate Competent English.

The Government has already increased the number of places available for regional visas from  23,000 to 25,000 places in the 2019-20 Skilled Migration Program (over 20% of the total), and is giving priority to promotion, processing and compliance relating to new regional visas.

Should you have an interest in finding out more, please contact your adviser at Ajuria Lawyers.

DISCLAIMER This information is current as of 19 November 2019 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 “trade-off” for faster processing time, as currently offered to Accredited Sponsors in particular, is that businesses can expect to be monitored by the Sponsor Monitoring Unit of the Australian Border Force, or in some cases, Fair Work Australia.

As our clients are aware, it is a legislative requirement that business sponsors maintain accurate records from the date of approval of the sponsorship, ending two years after the first day on which the following events occur concurrently: the business ceases to be an approved sponsor, and there is no sponsored person in relation to the business sponsorship.

The type of information that can be requested can be very extensive, including:

• Details of visa holder employees;
• Copies of signed employment contracts;
• Records of salaries, working hours and leave;
• Current evidence of market salary rates;
• Evidence of tasks being performed by sponsored employees (eg samples of written work, performance reviews).

A monitoring request usually confirms that a response is required within 14 days, and reminds the sponsor of the consequences of non-compliance, including:

• Cancelling the sponsor’s approval as a Business Sponsor;
• Barring the sponsor from accessing certain visa programs;
• Applying for a civil penalty order (up to $12,600 for an individual and up to $63,000 for a body corporate);
• Issuing an infringement notice to the sponsor as an alternative to civil penalty proceedings.

Concerns about non-compliance in certain industries can lead to those industries – currently hospitality and construction – being targeted for monitoring. Please discuss any concern with your Ajuria Lawyers adviser.

DISCLAIMER This information is current as of 29 October 2019 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.

Year end means staff review time for some businesses.

With the end of the year fast approaching, it is important to remind those who employ 457/TSS visa holders, that these employees have been approved to work in their nominated occupations only. While a promotion within the same occupational stream (and any associated salary increase) will generally comply with their 457/TSS visa conditions, a move into a different role must be carefully considered.

If deemed to be in a different occupation, it will be necessary for the business to lodge a new Business Nomination, with any required Labour Market Testing; if a TSS visa holder, also a new Visa Application, to confirm that the visa holder meets the TSS skill requirement for that occupation.

Please feel free to discuss any proposed role changes with your Ajuria adviser to ensure that your visa holders will continue to be compliant.

DISCLAIMER This information is current as of 29 October 2019 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 29 October 2019 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.

Ajuria Lawyers has built its reputation on providing immigration services for Australia.

As the needs of clients have changed, we have responded to their requests for visa services into other countries.

Since its launch in early 2019, there has been a strong demand for New Zealand work visas, with Karen Justice heading up Ajuria New Zealand.

In addition, in a number of other jurisdictions (USA, India, the UK), we have partnered with immigration professionals who share our knowledge of, and passion for immigration law, supported by high service standards.

Your Ajuria adviser can manage the process for you, so please feel free to discuss your business requirements with us.

DISCLAIMER This information is current as of 29 October 2019 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 29 October 2019 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.

Sponsoring employers are aware of the need to prove that a vacancy cannot be filled from within the local market, prior to formalising an employment contract and submitting an application for a TSS visa.

Labour Market Testing usually means providing evidence of two forms of advertising over a 28 day period within the 4 months immediately prior to application.

The Department of Home Affairs is moving with the times, having recently confirmed that advertising on Gumtree will now be acceptable for its labour market testing purposes, as long as the vacancy is listed in its jobs section.

Other recruitment websites that are acceptable include SEEK, Indeed, Adzuna, JobActive, and LinkedIn (Recruitment platform).

DISCLAIMER This information is current as of 29 October 2019 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 early 2019, the Government announced changes to the Working Holiday Visa program, to enable visa holders who worked for 3 months in a regional area to obtain a second visa, and those who worked for a further 6 months in a regional area to obtain a third visa.

The Government has recently announced a 20% increase in the number of second year Working Holiday Visas granted in the last financial year.

Historically, the Working Holiday program has been promoted as primarily for the purpose of cultural exchange, however the focus has shifted markedly, with working holiday makers now seen as part of the skills shortage solution for regional Australia.

The Government has also announced an expansion of the program with an increase in the number of places available for citizens of Spain (by 900 places), Israel (by 2,000), Peru (by 500), Chile (by 1400), Argentine (by 950), Malaysia (by 1,000), Singapore (by 2,000), Portugal (by 300), Greece (by 500) and Ecuador (by 100).

For more information on the various Working Holiday Programs, please contact our office.

DISCLAIMER This information is current as of 29 October 2019 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.

Ajuria Lawyers has updated its FAQs on its website. We would love to know whether you find this information useful. Please take a look and let us know.

https://ajurialawyers.com/faq/

DISCLAIMER This information is current as of 29 October 2019 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 announced changes to the work visa process, increased remuneration thresholds and the re-opening of the parent category that has been closed since 2016.

Whilst a lot of detail is yet to be released, this month Ajuria New Zealand provides an overview of the changes that will affect employers.

Work to Residence Talent (Accredited Employer) Remuneration Increase

Effective from 7 October 2019, the new minimum base salary for those applying for a Talent (Accredited Employer) work visa increased from NZ$55,000 to NZ$79,560 for a 40 hour week.  This new threshold applies to all new visas applied for on or after 7 October (ie those who already hold Talent visas are not affected by these changes, and employers do not need to give those employees a pay increase to meet the threshold.)

Essential Skills Work Visa changes

These changes will be phased in during 2021, so are still a little way off.  However, the structure of the new work visa process will be somewhat familiar to those in Australia.

The new regime will see all employers requiring to hold an accreditation status with Immigration New Zealand.  Then, once this is in place, there will be a ‘job check’ (similar to the nomination application in Australia) and then the last part will be the actual ‘worker check’, or visa application.

In a very welcome move, the need for an ANZSCO classification of the occupation will be removed, and instead the visa length will be based on remuneration alone.  Labour market testing will also be removed for those earning above the median wage, and located outside of the main centres.  Those in lower paid roles will have the ability to support family members reinstated.

In our next newsletter, Ajuria New Zealand will outline the changes to the Parent visa category, and advise of other significant changes as they are announced.

DISCLAIMER This information is current as of 29 October 2019 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.

Temporary visa holders who have left the employment of their sponsor, often contact us to ask if there is anything they need to do.

From an immigration point of view, the onus is on the sponsor to notify the Department of Home Affairs within 28 days of the visa holder ceasing employment. This is a legal requirement as part of the employer’s sponsorship obligations. Ajuria Lawyers is able to provide this notification to the Department on the employer’s behalf.

However, this notification does not automatically result in cancellation of the 457/TSS visa.

Visa holders who have left Australia permanently and wish to access their superannuation funds in an Australian account must wait for their visa to be cancelled, or request that the Department of Home Affairs cancel their visa quickly. Ajuria Lawyers is also able to assist with this, otherwise, the individuals are able to create an ‘ImmiAccount’ and ask for their own visa cancellation, or download a Form 1194 and email it to super.payment@homeaffairs.gov.au

Once the visa cancellation is confirmed, the individual may apply online to the ATO to access super here.

DISCLAIMER This information is current as of 29 October 2019 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.