Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020 dated 06 August 2020 [“the Instrument”] amends the Migration Agents Registration Application Charge Regulations 1998 to reflect the changes made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (Cth). Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (Cth) amends the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Accordingly, the Instrument amends provisions relating to general charge and non‑commercial application charge, and charge on basis of status of migration agent including working out amount of charge. The Instruments also inserts new provisions incorporating amendments made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020. To access the full Instrument, click here.
Migration Agents Amendment (Regulation of Migration Agents) Regulations 2020 dated 06 August 2020 [“the Instrument”] amends the Migration Agents Regulations 1998 to reflect the changes made by the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth). Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) amends the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, redundant provisions in Schedule 3, requirement for applicants to provide further information in Schedule 4, fees and charges in Schedule 5, and other amendment in Schedule 6. Accordingly, the Instrument amends provisions relating to Australian legal practitioners providing immigration assistance and registration requirements, outlines the redundant provisions, and provides transitional provisions regarding operation of amendments relating to registration of migration agents. The Instrument is registered on the Federal Register of Legislation on 07 Aug 2020 and as per Section 2, various provisions are in effect from 8 August 2020 and 11 August 2020, accordingly. To access the full Instrument, click here.
Migration Amendment (Regulation of Migration Agents) (Schedules 3, 4 and 6) Commencement Proclamation 2020 dated 06 August 2020 [“the Instrument”] fixes 11 August 2020 as the day on which Schedules 3, 4 and 6 to the Migration Amendment (Regulation of Migration Agents) Act 2020 commences. Schedules 3, 4 and 6 to the Migration Amendment (Regulation of Migration Agents) Act 2020 outline redundant provisions, requirements for applicants to provide further information, and other amendments to the Migration Act 1958 (Cth) regarding immigration assistance. Accordingly, these provisions are in effect now. Migration Amendment (Regulation of Migration Agents) Act 2020 also amends provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, and fees and charges in Schedule 5. To access the full Instrument, click here.
For some visa types, you must show us you can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market. Labour market testing (LMT) generally involves advertising the position in Australia. How and when you test the market, and what proof we require, will depend on which stream you are nominating under. And in some cases, you may have to check first to see if you are exempt or if there are alternative arrangements that can apply to you. Today we will go over these exemptions and alternatives: Labour Market Testing Exemptions Occupation-based exemptions Occupation-based exemptions for LMT which were previously available under the Temporary Work (Skilled) visa (subclass 457), are not available under the TSS visa (subclass 482) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) programs. There are currently no instruments in place which provide any other exemptions. International trade obligations (ITOs) LMT is not required where it would conflict with Australia’s ITOs, in any of the following circumstances: the worker you nominate is a citizen/national of China, Japan, Mexico, Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand or Singapore the worker you nominate is a current employee of a business that is an associated entity of your business and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea or New Zealand the worker you nominate is a current employee of an associated entity of your business and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia your business currently operates in a WTO member country or territory and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs the worker you nominate is a citizen or an eligible permanent resident* of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years. Labour Market Testing Alternative requirements In some cases, alternative submission requirements will also apply. For example, lets look at some possible cases scenarios and their requisite requirements. Case: Where the occupant has to have an internationally recognised record of exceptional and outstanding achievement in a profession or in the field of sport, academia and research, or a top-talent chef. Your submission should explain why the specific individual nominated is the only person, or one of very few people, who could undertake the nominated position. Case: Where there is a new nomination for an existing TSS, subclass 494 or subclass 457 visa holder solely because the annual earnings that will apply to the nominee have changed; or a change in business structure has resulted in the visa holder being no longer employed by the standard business sponsor even though they haven’t changed position. Your submission should explain that the position is already filled by an existing TSS, subclass 494 or subclass 457 visa holder, but give reasons why a new nomination is required (for example, due to a business restructure). Case: Where there is an intra-corporate transfer (ICT) the transfer of an existing employee of a company operating overseas to an associated entity of that company operating in Australia. Your submission should explain the need for an ICT transfer and documentation outlining the transfer arrangement. Case: Where the annual earnings will be equal to or greater than AUD250,000. Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process, which included inviting applicants from Australia. Case: Where the nominees are within the ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999) or the ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics. Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via a regular bulk recruitment exercise, which included inviting applicants from Australia. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of employing an overseas worker, or if you want to know more about Labour Market Testing, how it works and how we can help you, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
Electronic Travel Authority (Subclass 601) is a temporary visa that allows you to visit Australia for a holiday or a cruise, to visit family or friends, or to undertake certain business visitor activities, if you have a passport from an eligible country. Eligibility for Electronic Travel Authority (ETA) You must: Have passport from an eligible country Have a genuine intention to stay in Australia temporarily Meet the health and character requirements Not have debts to the Australian Government You must be outside Australia or in immigration clearance when you apply for this visa. Once granted, this visa is usually valid for a 12-month period. There is no Visa Application Charge (VAC) for ETA, however, you have to pay an online application service cost of AUD $20. You cannot add dependant family members in your visa application. You must file a separate application for each applicant. It is also important to know that the Department may refuse to grant this visa if it is not in the best interest of an applicant who is a child, less than 18 years old. Advantages of Electronic Travel Authority Multiple entries to Australia Stay for up to 3 months at a time List of Eligible Countries Andorra Austria Belgium Brunei Canada Denmark Finland France Germany Greece Hong Kong (SAR of China) Iceland Ireland Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Norway Portugal Republic of San Marino Singapore South Korea Spain Sweden Switzerland Taiwan (excluding official or diplomatic passports) The Netherlands United Kingdom—British Citizen United Kingdom—British National (Overseas) United States of America Vatican City If you do not hold a passport from the above-listed countries or want to know about other Visitor Visa options, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your options to visit Australia.
In response to the changes to Victoria’s restriction levels to control the spread of COVID-19, as announced by the State Premier on 02 August 2020, from 11:59pm on Wednesday 05 August employers requiring their staff to attend a work site in Melbourne have to issue a worker permit to their employees under the ‘Permitted Worker Scheme’. Further, a dedicated ‘Industry Coordination Centre’ has been set up within the Department of Jobs, Precincts and Regions to support businesses and determine if businesses can safely operate under the Stage 4 restrictions. To know more about the ‘Permitted Worker Scheme’ and eligibility, click here. To discuss if your business is COVID-SAFE for operation, call Business Victoria on 13 22 15.
On 05 August 2020, the Victorian Government has announced further support, in addition to previous financial assistance and a range of other government assistances, for temporary and provisional visa holders in the State. The Government has offered the ‘Pandemic Leave Disaster Payment’, announced by the Commonwealth Government, for Victorians who have no source of income because of self-isolation or quarantine due to COVID-19. The State also offers support for wearing face masks and coverings, including distribution of 2.1 million reusable face masks to vulnerable Victorians and agencies delivering services in the fight against COVID-19. This is in addition to previously announced financial assistance and other assistances including support for job seekers and renters, setting up AUD $45 million International Student Emergency Relief Fund for international students facing financial hardship during the crisis, relaxation of work hours, relief payments for temporary visa holders, support for multi-cultural and multi-faith families, and public housing support.
The Migration & Refugee Division at the Administrative Appeals Tribunal (AAT) has released an online form for requesting an expedited decision for reviews of migration matters. An expedited decision may be made in favour of the review applicant, without conducting a hearing, when the AAT is objectively satisfied of the new evidence submitted on the relevant issues in dispute. To request an expedited decision, the following requirements must be met: The applicant applies for review of a visa refusal decision; and Refusal of visa was on grounds of one or more visa criteria not being met; and New documentary evidence to be submitted demonstrates the criterion or criteria are now being met. Requesting an expedited decision is not available for review of a decision about nomination or sponsorship of an activity, occupation, position or person; or if the criterion requires a subjective assessment of any matter, including determining the requirement of a genuine relationship for a partner visa or determining the requirement of a genuine temporary entrant for a student visa. To request an expedited decision at the AAT, click here.
According to the Australian Bureau of Statistics (ABS), March 2020 quarter witnessed greater impact on tourism jobs than other jobs in the economy due to the impact of bushfires and COVID-19 as tourism activities tend to be labour intensive. Head of ABS Tourism Statistics, Amanda Clark, said, “The number of filled jobs in the tourism industry fell 3.0% between March 2019 and March 2020, while economy wide filled jobs grew by 1.7%… While many areas of tourism activity were adversely affected, filled jobs in Accommodation services fell the most decreasing 11,600 jobs between March 2019 and March 2020.” In this period, tourism jobs in Australia decreased by 21,900 (3%) compared to an increase of 243,900 (1.7%) in the overall economy.
04 August 2020, in a joint media release with Minister for Agriculture, Drought and Emergency Management, the Hon David Littleproud MP, the Hon Michaelia Cash and Dr Sam McMahon, have announced that the Commonwealth and the Northern Territory Governments ‘agreed to conduct a trial aimed at addressing the labour shortages affecting NT farmers’. In light of the COVID-19 pandemic and its impact on agriculture due to labour shortage in the Northern Territory, which relies heavily on seasonal workers and Working Holiday Makers for food growing, especially mango growing, the Governments have agreed on a targeted trial to meet the labour needs. As per the announcement, initially the programme will be open to Vanuatu citizens only, with possibility of adding more countries later. The Northern Territory Farmer’s Association has forecasted a shortage of 800 to 1,000 workers from August onwards. Minister Littleproud said, “This trial will see up to 170 workers under the Seasonal Worker Programme come to Australia to help with the 2020 harvest, with more workers to potentially follow subject to a review of the first cohort and approval for additional numbers by the NT Government.” Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Hon Alan Tudge MP said, “With appropriate quarantine arrangements in place, seasonal and Pacific workers can continue to safely support Australian farmers facing critical workforce shortages…of course, farmers can only employ people under the Seasonal Worker Programme and Pacific Labour Scheme if they can demonstrate that no Australian is available to do the work.”