The OECD has recently published a report compiled by German think-tank, Bertelsmann Stiftung, on the effect of migration policy on the attractiveness of OECD countries to international talent.

“Migration policy” referred not only to ease of entry to a country, but change of status from temporary to permanent, acquisition of citizenship and “family-friendly” policies such as work rights for spouses and opportunities for children to remain long-term.

The report considered the optimum location for three groups of global talent: Highly Qualified Workers (with Masters or Doctorates), Entrepreneurs, and University Students.

Factors taken into consideration were grouped under Quality of Opportunities, Income and Tax, Future Prospects, Family Environment, Skills Environment, Inclusiveness, and Quality of Life.

For each of the three groups, the ranking of countries before and after migration policies were taken into account, was different.

Taking migration policies into consideration, Australia was ranked first in attractiveness for Highly Qualified Workers, 7th for Entrepreneurs and 6th for University Students.

This highlights the importance of migration policy in attracting global talent, and is especially relevant in the context of Australia’s skilled migration program, including the pilot Global Talent Scheme.

The full report is here and well worth reading.

DISCLAIMER This information is current as of 27 June 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 Global Talent Scheme (GTS) was introduced as a 12 month pilot program for established businesses and specialised start-ups in July 2018.

The GTS has been promoted largely to the tech industry as an opportunity for Australian businesses to access priority processing of 4 year visas and to create a pathway to permanent residence for certain visa holders who may not otherwise be eligible.

The Department of Home Affairs has confirmed that the pilot program will continue in its current form, while it undertakes a review and until the Government reaches a decision on the future of the GTS. Requests for GTS may therefore continue to be lodged after the initial end date of 30 June 2019.

Only fourteen companies have qualified under GTS, including some non-tech companies. Irrespective of the outcome of the review, companies with signed GTS agreements will be able to access TSS and ENS for 5 years from the date of their agreements.

DISCLAIMER This information is current as of 27 June 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.

Labour Market Testing requirements have been in place since 12 August 2018, and frequent sponsors are now very familiar with the requirements. Standard requirements have been detailed in previous newsletter articles, however it is important to remind sponsors of the need for their labour market testing efforts to be genuine.

For efforts to be genuine, a sponsor must be able to demonstrate that they have completed labour market testing BEFORE making an offer of employment to a foreign national. This means that the sponsor must have advertised the position for 4 weeks in accordance with the Department’s requirements in the 4 months prior to TSS application lodgement, reviewed all candidates for suitability and determined that there was no Australian suitable for the position.

The Department of Home Affairs has advised that even if labour market testing is done in accordance with standard requirements, the nomination may still be refused, if the labour market testing is deemed not to be “genuine”. Apart from offering the role to a foreign national prior to, or immediately after completion of advertising, a genuineness concern may also be raised if preparation of the nomination / visa application has commenced prior to completion of labour market testing. This may suggest an intention to disregard any suitable local applicant in favour of the foreign national.

It is important for sponsors to keep these genuineness considerations in mind when testing the market.

There continue to be exemptions to the standard labour market testing requirements. Your Ajuria Lawyers adviser will always advise you of the specifics relating to your applications.

DISCLAIMER This information is current as of 27 June 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.

A project is under way to rebrand Australia to the world.

Australia’s falling ranking in a number of global brand surveys and indexes has led to the appointment of a high profile panel to create a unified national brand for Australia.

Australia has always scored well on “soft” attributes like people and natural beauty, but does not rank as well for science and technology, business and trade.

According to economic modelling by Deloitte, an improvement of just one place in Australia’s ranking would increase exports by $3.1 billion a year, foreign direct investment by $704 million, tourism by $174 million and the international student sector by $137 million.

The panel is working with the Government’s investment arm, Austrade, and key concepts are set to be tested, now that the election is over.

DISCLAIMER This information is current as of 28 May 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.

Our loyal readers will be aware that Ajuria Lawyers now offers visa services to New Zealand.

Karen Justice, who heads up Ajuria New Zealand, will become a regular contributor to our newsletter and share some relevant information and interesting commentary on the visa system in New Zealand. The first article providing a general overview will appear in next month’s newsletter.

You are welcome to contact us if you would like us to introduce you to Karen to discuss your specific visa requirements for New Zealand.

DISCLAIMER This information is current as of 28 May 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.

 

While on the subject of airports, if you have ever been asked by an Australian Border Force officer to submit to a search of some kind (your person and/or your belongings) when travelling into or out of the country, you may have wondered about your rights.

This was the topic of a recent discussion on ABC Radio Brisbane and it confirmed what many travellers have suspected – that, in fact, the rights of travellers have diminished and the range of powers of Border Force or immigration officers have increased over the past few years.

The Customs Act gives officers the power to search any suitcase, device or documentation, including electronic documents and photos on mobile phones and other personal electronic devices. An individual who refuses to comply with a request for examination of their electronic device may have that device held until an officer is satisfied that the item does not present a risk.

Moreover, reasons for any on the spot searches do not need to be provided by officials. National security considerations are the over-riding justification, supported by legislation.

Anecdotally, Ajuria Lawyers has become aware of searches of personal electronic devices being undertaken to determine whether visa holders have complied with visa conditions. For example, email correspondence or LinkedIn and social media apps may reveal that an individual has worked in Australia, even though their visa did not permit work.

DISCLAIMER This information is current as of 28 May 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.

 

Border agencies around the world, including Australia, are rapidly working towards creating a system whereby travellers will no longer have to present their passport to either an official or a passport kiosk.

The Australian Government announced in January 2017, that by 2020, it wanted a system in place whereby 90% of travellers would be processed automatically. Based on biometrics and artificial intelligence, the responsibility for all of the financial, capability and IT infrastructure rests with the Department of Home Affairs. Whether this timeline of 2020 is accurate, and whether it will be a priority of the re-elected Morrison Government, remains to be seen.

As well as the benefits of streamlining the processing of a majority of “low-risk” travellers, recent delays at Australian international airports also highlight the risks, the economic costs and security implications, when there is technological disruption.

Ajuria Lawyers will follow developments with interest and will provide updates.

DISCLAIMER This information is current as of 28 May 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 frequently reminds Business Sponsors of their obligations for the duration of the  sponsorship period.

Annual monitoring of ALL Business Sponsors for the purpose of assessing compliance with sponsorship obligations, has been a feature at different times in the past. This is obviously a very time-consuming and administrative-intensive process for the Department of Home Affairs. Given that the Home Affairs staff budget is reported to be under significant pressure, and significant staff reductions mooted to achieve savings of $150 million over the next 4 years, the practice of annual monitoring of Business Sponsors may not be sustainable.

Ajuria Lawyers expects that compliance will continue to be a focus of the newly-elected Morrison Government. However, even prior to the election, there were indications that going forward, the onus would be on Business Sponsors to “self-audit”, with random checks by Departmental officers to confirm compliance. This model has been used by the Australian Taxation Office for many years.

It is early days for the new Government, however, Ajuria Lawyers predicts that with more “accredited” Business Sponsors benefitting from faster and streamlined processing of visa applications, the Department will expect Business Sponsors to be more accountable and take greater responsibility for adhering to sponsorship obligations.

Ajuria Lawyers will follow this closely and provide updates via this newsletter.

DISCLAIMER This information is current as of 28 May 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 Prime Minister announced his new Cabinet on 26 May 2019, and confirmed that the Hon Peter Dutton MP will continue as Minister of The Department for Home Affairs, the mega-portfolio of which immigration is one part. The Hon David Coleman MP will continue to assist as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; the addition of “Migrant Services” is the only change to the portfolio.

DISCLAIMER This information is current as of 28 May 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.

 

Since the introduction of the Skilling Australians Fund (SAF) charges (also known as the training levy) on 12 August 2018, much has been said about the limited refund provisions. A recent report released under Freedom of Information showed that between 14 August and 31 December 2018, an estimated AU$8 million was raised in revenue from refused applications.

Submissions have been made to Parliament for the refund provisions to be expanded including a suggestion that the levy should only be paid upon visa grant, and not at application lodgement.  This will ensure that funds are not paid in circumstances where the visa does not come to fruition.

A formal and independent review of the Skilling Australians Fund will be undertaken after 22 November 2019, that is, 18 months after the date of Royal Assent of the relevant Act. This may create an opportunity for stakeholders to provide submissions on refund provisions and other aspects of the Fund’s operations and charges.

In the meantime, a reminder that refund provisions are ONLY available in the following scenarios:

• The sponsorship and visa applications are approved, but the foreign worker (visa holder) does not arrive/commence employment with the employer;
• The employer’s sponsorship and nomination application for the foreign worker is approved, but the associated visa application is refused on health or character grounds;
• A TSS visa holder leaves the sponsoring employer within the first 12 months of employment where the visa period was for more than 12 months. Refunds will only be available in this scenario for unused full years of the SAF levy. NOTE: This does not apply to ENS or RSMS permanent residence holders who leave their employer within the first 12 months of employment; or
• The nomination fee is refunded (e.g. where a concurrent sponsor application is refused).

A failure to submit required documentation at time of lodgement, such as evidence of labour market testing, leading to refusal of a nomination, is not a ground for a refund, nor is a credit available if the same application is re-lodged.

Ajuria Lawyers will advise our clients in the event refunds are possible in a particular case.

DISCLAIMER This information is current as of 28 May 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.