The JobKeeper payment is intended to provide wage subsidies to businesses that are significantly affected by COVID-19. The Morrison Government will provide a historic wage subsidy to around 6 million workers who will receive a flat payment of $1,500 per fortnight through their employer, before tax. The $130 billion JobKeeper payment will help keep Australians in jobs as tackle the significant economic impact from the coronavirus.The payment will be open to eligible businesses that receive a significant financial hit caused by the coronavirus. The payment will provide the equivalent of around 70 per cent of the national median wage. For workers in the accommodation, hospitality and retail sectors it will equate to a full median replacement wage. The Australian taxation department has made provision for businesses to login their interest in the program as a first step. More information can be sought by logging in to ATO website.
The Hon Alan Tudge MP is currently acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a recent press conference answered a very important question about world holiday visa holders and others who can be affected by travel restrictions due to COVID-19. A question was asked how the Department is going to address the problems of working holiday visas or backpackers stuck in Australia because of recent travel ban resulting in lots of their flights cancelled. Alan Tudge MP replied that this doesn’t just apply for working holiday makers, but it applies to other people who are on temporary visas and their visa may be coming to an end soon. He urged people to contact the Department of Immigration and inform them of their circumstances. Details were not given as how they will be handled but it was communicated that Department will look at case by case basis and will make a solution available so that these visitors don’t get unlawful but have a pathway to stay in the country till we lift the travel restrictions.
We know that international students have work restrictions which comes down to 40 hours a fortnight. There is a change in that restriction as discussed by Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge recently. Especially at Aged care centres where international students are currently working , there will be a provision where these providers offer more hours to the students to ensure the care of senior and more vulnerable Australians is addressed. Similar flexibility will be provided to supermarket workers so that shelves are stocked up with essential items despite the fact there is shortage of workers. These measures will be administered by the Department and are offered to existing employees for the time being. However, Providers are still required to abide by all relevant Australian workplace laws. Students have the same rights under Australian workplace law as all other employees. These announcements elaborate existing temporary arrangements relaxing visa work conditions to the aged care sector, applying to both residential and home care.
Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 20199 (F2019LO1401) Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 (F2019LO1449) LIN 19/209 operates to specify the approved form and the place and manner in which applications must be lodged for certain skilled and temporary graduate visas. A) Subclass 887 (Skilled – Regional) visa B) Subclass 189 (Skilled – Independent) visa C) Subclass 190 (Skilled – Nominated) visa D) Subclass 476 (Skilled – Recognised Graduate E) Subclass 485 (Temporary Graduate) visa F) Subclass 489 (Skilled – Regional (Provisional) G) Subclass 491 (Skilled Work Regional (Provisional) visa. The purpose of LIN 20/101 for LIN 19/209 is to update the place and manner of lodgment for applications for the Subclass 491 (Skilled Work Regional (Provisional)) visa in the Skilled Work Regional (Provisional) (Class PS) class of visa. This change ensures that all applicants can lodge a visa application in the same place and manner with no differentiation between primary and secondary applicants. It also provides a technical amendment to the item name of the class of visa due to a drafting error. LIN 19/211 operates to specify the requirements for making an application for a Subclass 494 visa. For the purposes of subitem 1242(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application. For the purposes of paragraph 1242(3)(a) of Schedule 1 to the Regulations LIN 19/211 also specifies the manner in which an application must be made and specifies for the purposes of subitem 1242(6) of Schedule 1 to the Regulations, the circumstances for when subitem 1242(5) of Schedule 1 to the Regulations does not apply to an application. The purpose of LIN 20/101 for LIN 19/211 is to update the definition of departmental email and repeal the definition of official departmental email address to provide clarity regarding an official departmental email address; and omit subsection 5(5) of the instrument and repeal the definition of subsequent applicant to ensure that all applicants for Subclass 494 (Skilled Employer Sponsored Regional (Provisional) (Class PE) class of visa, can lodge a visa application in the same place and manner with no differentiation between primary and secondary applicants.
Migration Regulations Schedule 2 of the Migration Amendment (Subclass 600 and 870 Visas) Regulations 2019 [F2019LO1653] amendments from 29 February 2020. Schedule 8 clause 8609 has been inserted. These changes apply to visa applications made on or after 29 February 2020 [Schedule 13 Part 88 Clause 8802]. This condition will remove the need to provide details not less than 2 working days before the change occurs. It also removes the requirement for the visa holder to provide a user name and online profile. The visa holder must now notify Immigration of a change to any of the following within 14 days after the change occurs. The visa holder’s name, residential address, email address, phone number and passport details. In the Subclass 600 Frequent Traveler Stream Schedule 8 clause 8609 has been inserted. [Schedule 2 600.615] In the Subclass 870 Long Stay Temporary Parent Schedule 8 Clause 8609 replaces 8550 [Schedule 2 870.611]
Minister Jason Wood attended the 2020 Immigration Law Conference on 06 March in his capacity as Assistant Minister overseeing the migration advice industry. The move to deregulate the migration advice industry has moved closer with the passing of The Regulation of Migration Agents Bill and the Migration Agents Registration Application Charge Amendment (Rates of Charge) in the House of Representatives in February. The Bills are expected to pass the Senate in the next sitting period scheduled for March 2020. The Bills will remove legal practitioners with unrestricted practising certificates from the present registered migration agents regulatory scheme. Transitional arrangements will be in place to ensure current and future legal practitioners with restricted practising certificates and migration agent qualifications can continue to be registered as migration agents for an eligible period of two years, with extension up to four years. OMARA will be empowered to refuse registration applications if applicant fails to respond to requests for further information.
The Department of Home Affairs has advised that any non-citizen who does not hold a valid visa and plans to enter Australia based on the claim they are an Aboriginal Australian must provide evidence to support their claim prior to travel. Aboriginal Australians must satisfy the following requirements and send their evidence to indigenous.australians@homeaffairs.gov.au – Evidence of biological descent from Aboriginal Australians; and Recognition by an elder or others enjoying traditional authority. The Australian Border Force ABF will not allow a person to enter Australia without a valid visa solely on the basis the person claims at the border they are an Aboriginal Australian. A non-citizen seeking to enter Australia based on the claim they are an Aboriginal Australian needs to have that claim resolved before travelling to Australia.
Under present migration regulations in Australia most visa applicants need to satisfy the health requirements that they do not have chronic medical conditions or disabilities needing health care or community services which will cost more than $49,000 over 10 years. The Welcoming Disability Campaign formally launched on Thursday has requested the government to implement the recommendations of the 2010 Enabling Australia report. This joint parliamentary review found that migration health requirements unfairly discriminate against people with disabilities. However a spokesperson for the Department of Home Affairs said the legislation is not discriminatory as it is applied to all relevant visa applicants.
Repeals Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019. Requirements for making a valid application for the following visa classes: Business Skills Business Talent (Permanent) (Class EA); Business Skills (Permanent) (Class EC); Business Skills(Provisional) (Class EB); Business Skills (Residence) (Class DF); Distinguished Talent (Migrant) (Class AL); Distinguished Talent (Residence) (Class BX); Business Skills (Provisional) (Class UR). Specifies additional approved form, place and manner for Distinguished Talent (Migrant) (Class AL) and Distinguished Talent (Residence) (Class BX) (Distinguished Talent visa). Visa applicants can now lodge an internet application Form 47DT (Internet). This is in addition to other options – send Form 47SV by post or courier or use the Global Talent contact form https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/global-talent-contact-form.
Issues around Australia’s immigration laws regarding the cancellation of visas on character grounds under section 501 of the Migration Act are expected to be raised by NZ Prime Minister Jacinda Ardern when she meets with Prime Minister Scott Morrison today. “We have seen cases where there is also almost no connection of an individual to New Zealand who have been deported,” Ardern said after meeting Prime Minister Scott Morrison last year. There has been an exponential increase in New Zealanders being removed from Australia since 2014 when changes were made to section 501. This amounted to 435 people in the financial year 2018/2019. Permanent residents who have their visas cancelled are being sent back to New Zealand regardless of whether they have any connection to New Zealand.