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Nevett Ford Immigration Lawyers & Registered Migration Agents

Our experience in assessing individual circumstances ensures that you will be provided the best visa options for you and your family, and your business.  We can also represent you in relation to visa refusals and appeals to the Administrative Appeals Tribunal, Federal Court and Ministerial Intervention cases.

We will provide a complete and personalised service starting from the initial consultation, establishment of the direction of your case, and provide advice on the best visa and/or appeal options in the circumstances.

Nevett Ford Immigration Lawyers and Registered Migration Agents provide the following:-

 
  • Initial discussion to establish the direction of your case and the visa options available in accordance with the Migration Regulations, including the associated costs and benefits of all options.
  • Supply document checklists and forms required from visa applicant and/or sponsor.
  • Assistance to accurately prepare supporting evidence and complete applications.
  • Preparation of all necessary submissions to the Department of Home Affairs (DHA) in Australia or to Australian Visa Office overseas.
  • Ongoing liaison with the DHA and other government authorities as required
  • Representing you in relation to complex appeals matters at the Administrative Appeals Tribunal (AAT), Federal Court and Ministerial Intervention cases.
  • Advice and assistance to arrange the requisite medical and police checks as required.
  • Advice and assistance to respond to ‘Requests for further Information’ from DHA.
  • Communicating with third parties (doctors, psychologists, employers etc) to obtain supporting documentation in support of your application.
  • Ongoing progress reporting on your matter throughout the process.

For advice and assistance please contact us today on:

Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au

NEW Skilling Australians FUND (SAF)

The Skilling Australians Fund legislation has just been passed in the Senate.

The Australian Government has stated that the purpose of the Skilling Australians Fund (the Fund) is for it to provide ongoing funding for vocational education and training (VET).  The Fund is supposed to support 300,000 more apprenticeships, traineeships, pre-apprenticeships, pre‑traineeships, and higher apprenticeships all across Australia.

The revenue for the Fund will be financed by the Government’s skilled migration reforms that require employers who sponsor a foreign worker to pay a Nomination Training Contribution Charge (known as a levy) under the following visa types, including:

 
  • Temporary Skill Shortage (TSS) visa
  • Employer Nomination Scheme (ENS) (subclass 186) visa
  • Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa

The levy has replaced the previous training benchmarks for employers who sponsor foreign workers on the above mentioned visas.

The new levy is payable by companies sponsoring overseas candidates for subclass 482/TSS visas and subclass 186 visas. The new system is a simpler one and for many employers it will be easier to meet and to administer. The training levy will be payable per application and at the nomination stage of the visa process. For each person an employer sponsors they will pay a set amount per year. The other relevant fact is the size of the employer's business or more specifically the size of their sales turnover or revenue. There will be one levy for employers with a turnover of less than $10 million and a higher amount for employers with a turnover of $10 million and above.

The amounts for a TSS/ subclass 482 visa are:

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For permanent residence employer sponsored applications - visa subclass 186/187. The permanent application figure is a higher payment bit it is one off payment and paid not annually:

 
  • If turnover less than $10 million - $3000
  • If turnover $10 million or higher - $5000

Some good news is that the levy will be tax deductible and if a nomination is refused or where an incorrect application is lodged and withdrawn, the levy will be refunded. However the cost of Skilling Training Fund levy cannot be passed on to the visa applicant.

If you need more information on SAF, call one of our Lawyers and Agents for a consultation.

Australian Taxation Office (ATO) and Immigration

The Government is implementing measure in attempt to clamp down on fraud, tax avoidance, superannuation requirements and working without proper permission.  This may impact you directly if you are a visa holder.

The Australian Tax Office (ATO) has announced that around 20 million visa holders are to be scrutinised under a data matching scheme with the aim of catching those who are avoiding tax, falling foul of superannuation compliance and working illegally.

What it means

Under the data matching scheme, the ATO will become privy to your tax, bank, social security and wages and will be able to share this information with the Department of Home Affairs (DHA) (Immigration).

This means it will be easier for officials to detect anyone who is flouting their obligations be that a visa holder or an employer.

The Federal Government will look at records and review information on not just sponsors and visa holders but also migration agents and education providers.  Officials will be able to find out where visa holders have travelled, where they have worked or studied and the payments they have received.

It could also mean that those who left Australia may be entitled to superannuation which they didn’t know about.

How will it affect employers and visa holders?

If you claimed that you undertook some regional work as part of your Working Holiday Visa but didn’t actually carry it out, if that information comes to light, it could prevent you from extending your visa.

If you're employer and an approved sponsor, then you have a duty to keep records of wages and produce pay slips. Even if you pay cash, this needs to be documented.

Subclass 457 and 482 visa holder employees who do not declare their wages to the ATO will be found to be in breach of their visa conditions and this may lead to visa cancellation.

Data matching will pick up any discrepancies between Business Activity Statements (BAS), tax assessments, bank records between employers and employees.  

If evidence emerges that you’re an employer who offers sponsorship and are paying visa holders below average wages, then it could result in your sponsorship approval being cancelled.

When will the audit take place?

This audit will take place over the next three years and is part of a recent Australian Government drive to pay closer attention to the information it holds and be able to share records to investigate fraud and non-compliance.

Should you have any questions about the above information or if you want to discuss your particular circumstances in more detail please do not hesitate to contact us for a confidential discussion on (03) 9614 7111.

 

Global Talent Visa

On Sunday 18th March 2018 the subclass 457 visa was abolished and immediately replaced with the Temporary Skilled Shortage Visa (TSS visa).  Against the backdrop of this well publicised reform, The Minister for Citizenship and Multicultural Affairs, The Hon Alan Tudge MP announced a further expansion of this program, unveiled as the Global Talent Visa.  The Global Talent Visa will in effect be a new stream of the TSS program that will apply in two different scenarios:

1.       Established business wanting to employ high income earners from abroad with salaries of AUD$180,000 and above; or

2.       For proposed employees of “approved” start-up entities which operates within STEM fields. 

Prior to its abolition, there was widespread criticism that the 457 visa program was no longer fit for purpose and this served as a significant driver for its reform and ultimate replacement with the TSS visa.  So far a lot of focus of the TSS visa has been on the occupation lists and the restrictions in this area however, the mechanics of the TSS visa limit not just the types of roles which are permitted to be filled by overseas nationals, but also to limit the types of businesses that are permitted to use this program.  For many occupations, minimum turnover and minimum existing employee head counts are required before the business can access the TSS program.

These additional limitations can dramatically reduce the options available for start-ups.  Under the Global Talent Visa pathway, there will be no specific occupation limitations however, under both streams, the business will be required to demonstrate that the appointment will have the capacity to pass on skills or to develop other Australian employees.  

The 12-month trial, if successful will allow the visa holders to access Permanent residency in ways that mirror the existing Permanent Residency pathways for TSS visa holders with occupations on the Medium to Long Term visa.  Like all TSS visas, the applicants will be required to meet health and character and have the skills and experience necessary to perform the role. 

Should you have any questions about the above information or if you want to discuss how your business can access these arrangements in more detail please do not hesitate to contact us for a confidential discussion on (03) 9614 7111 on send us an on-line enquiry.

New Subclass 482 Temporary Skill Shortage Visa

As a result of a broad package of reforms relating to employer sponsored skilled visa programs, announced by the Government on 18 April 2017 the 457 visa will cease to exist on 18 March and will be replaced by the new Temporary Skill Shortage (Subclass 482) visa which enables employers to access a temporary skilled overseas worker if an appropriately skilled Australian worker is unavailable.

An overseas worker must be nominated by a sponsoring business and obtain a Subclass 482 visa before they can commence work in Australia. The Subclass 482 visa has three streams:

  • Short-term stream – allows employers to source skilled overseas workers in occupations on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if the two year limitation would be inconsistent with an international trade obligation);
  • Medium-term stream – allows employers to source skilled overseas workers for occupations on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years; and
  • Labour Agreement stream – allows employers to source skilled overseas workers in accordance with a labour agreement with the Commonwealth, where there is a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available.

Changes to the Employer Nomination Scheme (Subclass 186) visa and the Regional Sponsored Migration Scheme (Subclass 187) visa will be implemented to complement the introduction of the Subclass 482 visa. The main changes will result in a tightening of eligibility for these visas by reference to criteria dealing with age, employment history, salary, English language, and eligible occupations.

Changes to eligibility requirements for the Temporary Residence Transition stream in the Subclass 186 and Subclass 187 visas will not apply to persons who held or had applied for a Subclass 457 visa when the changes were announced by the Government on 18 April 2017.

If you require further information or advice please contact the experienced team at Nevett Ford Lawyers.

457 Visa Update – October 2017

As previously flagged in one of our earlier updates, the 457 visa program will transition to the Temporary Skills Shortage (TSS) Visa from March 2018.  It is expected that there will be ongoing changes to the requirements businesses need to meet in order to nominate visa holders. This update relates to some of the recent changes for businesses and 457 visa holders.

Changes to Market Salary Rate Requirements

The Department of Immigration & Border Protection (DIBP) has strengthened ‘market salary’ requirements, meaning employers will need to provide additional documentation to show they are paying their visa holders equivalent market salary rates to local workers.

In an initiative to prevent visa holders from being exploited where there is no Australian-equivalent employee, employers will need to:

§  Provide a written statement outlining how they have determined the pay for an equivalent Australian worker

§  Prepare references to the job outlook and prospects of the role in the Australian market.

This extra documentation is required in addition to the usual evidence requirements businesses must show to ensure Australian market salary rates have been met.

Labour Market Testing Evidence Arrangements

Businesses who have lodged a nomination application on or after 1 October 2017, will need to provide additional evidence to show they have adequately tested the local labour market.

The main changes for businesses are as follows:

§  A copy of relevant advertisements will need to be provided, including evidence of the duration of the advertising period;

§  Receipts for any advertising fees paid to be submitted at the time of application;

§  Advertisements also need to be nationally accessible, for example through a service such as SEEK, MyCareer, LinkedIn, Gumtree and alike;

§  The Domestic Recruitment Table will no longer be accepted by DIBP as a way of demonstrating that the Australian labour market has been tested.

 

When the 457 visa program transitions to the Temporary Skills Shortage (TSS) Visa in March 2018, businesses may need to meet additional labour market testing requirements. Further information is expected from DIBP in coming months.

The DIBP states that these changes aim to ensure overseas professionals are nominated for positions which demand skills and experience that are difficult to source locally.

Permanent Residence Prospects for Employees Currently on a 457 visa

We can confirm existing subclass 457 visa holders or applicants as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence, however the policies governing the transitional provisions are yet to be confirmed by DIBP. The DIBP has stated it hopes to advise of this before the end of the year.

Managing the 457 visa changes

To support businesses throughout the 457 changes, Nevett Ford Lawyers can advise your business on how to manage and prepare for the additional requirements to nominate visa holders.

Contact us today and speak to one of our team of immigration lawyers and registered migration agents for more information:

Telephone: +61 3 9614 7111

Email: Melbourne@nevettford.com.au