by Paul Cutler | Sep 12, 2016 | Uncategorized
Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016, creates these new streams within the Business Innovation and Investment visa class, to provide a pathway to permanent residence for:
- high calibre entrepreneurs with financial backing from third parties in Australia,
- who are nominated by a State or Territory government, and
- who meet residence requirements, and
- complete successful entrepreneurial activities in Australia
A link to the new regulations is at: Migration Regulation – F2016L01391
by Paul Cutler | Mar 20, 2016 | Uncategorized
The Australian Senate’s Education and Employment References Committee has released its 355 page report on the impact of Australia’s temporary work visa holders on the Australian labour market and on temporary work visa holders. The report, entitled A National Disgrace: The Exploitation of Temporary Work Visa Holders, details unscrupulous and exploitative practices and makes 33 recommendations.
The recommendations cover a wide range of areas including the need for:
- TSMIT to be indexed to average full-time weekly earnings and indexed annually
- the replacement of local workers by 457 workers to be prohibited
- the removal of labour market testing exemptions
- labour market testing to be required for labour agreements and DAMAs
- one-for-one 457 (professional)/Australian tertiary graduate employment
- 457 (trade) sponsor must have 25% (or at least 4) trade workforce apprentices
- training benchmarks to be replaced with training levy of $4000 per 457 worker paid into existing government programs that specifically support sectors experiencing labour shortages as well as apprenticeships and training programs.
You can read the report at the above link. I acknowledge the information contained in MIA Notice 24 which as circulated as a service to members and which contained a very useful summary which I have used as the basis for this post.
Creative commons acknowledgement for the photograph.
by Paul Cutler | Feb 24, 2016 | Uncategorized
Compare the following:
The DIBP policy manual (called PAMS3) was updated in November 2015 to try and preclude applicants from applying for “self sponsored” 457 visas.
Position created to secure a migration outcome (PAM3: Genuine Position)
The intent of the 457 program is to enable Australian businesses to temporarily fill short term skill shortages with overseas workers when they cannot find a suitably qualified or experienced Australian citizen or permanent resident to fill the position. The program is not intended to be used for non-citizens to establish a business in Australia and self-sponsor themselves; there are other visa pathways available for such purposes
and on the other hand
The comments of Vasta J in He v Minister [2015] FCCA 2915 at [30]:
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The real question is whether the policy itself goes beyond what is in the statute.
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To my mind, the policy does go beyond what is in the clause. There are no qualifications upon the term “assets”. There are no qualifications upon the term “in the main business”. While the policy may spell out how the Department wishes to interpret this clause, such is not reflected in the plain words of the cause itself.
So what we have here is change in policy, but not a change in the law. It will be interesting to see if any self-sponsorship cases make it to the courts.
by Paul Cutler | Dec 10, 2015 | Uncategorized
This week the government released its National Innovation and Science Agenda Report.
One of the recommendations includes:
We will bring entrepreneurs and other innovative talent to Australia by:
- Introducing a new Entrepreneurs Visa for up and coming entrepreneurial talent;
- Actively seeking out and encouraging talented individuals to come to Australia, using existing Government overseas networks; and
- Enhancing pathways to permanent residency for high quality STEM and ICT post-graduate students.
Apparently changes are 12 months away….but watch this space.
Creative commons acknowledgment for the photograph.
by Paul Cutler | Nov 30, 2015 | Uncategorized
The Migration Amendment (Charging for a Migration Outcome) Act 2015 came into effect today (30 Nov 2015).
The legislation introduces a new criminal and civil penalty regime that will make it unlawful for a person to ask for, receive, offer or provide payment or other benefits in return for a range of sponsorship-related events.
The Bill also allows visa cancellation to be considered where the visa holder has engaged ‘Payment for Visas’ conduct.
It will be a criminal offence for a sponsor or other third party to ask for or receive a benefit from a sponsorship related event and will be punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate.
Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216.000 for a body corporate.
A discretionary power to consider cancellation of visas where any person who engages in this conduct will also be introduced.
I acknowledge the assistance of the MIA for providing this information in their notice to members today.
Creative commons acknowledgment for the photograph.
