News/Blogs

The holder of a Working Holiday (subclass 417) visa or a Work and Holiday (subclass 462) visa must undertake certain periods of “specified work” in order to secure their second and or third visas....

In order to apply for conferral of Australian Citizenship, applicants must generally have spent prescribed minimum periods of time in Australia, both in total and as the holder of a permanent Australian visa....

Under the Temporary Skill Shortage visa program, businesses generally cannot sponsor an overseas skilled worker for the purpose of providing on-hire services to third parties, as a nominated overseas skilled worker must be employed to work in a position in the sponsor’s business. Similarly, a sponsoring business cannot nominate a position that is for on-hire purposes under the Employer Nomination Scheme visa program, as the nominated position must be under the sponsoring employer’s direction and control....

Labour Market Testing is a legislative requirement for most Temporary Skill Shortage (subclass 482) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) nomination applications ...

As part of the 2020-21 Federal Budget, the Australian Government announced that it will implement reforms to strengthen the integration outcomes of the Partner visa program by the end of 2021....

Under the Minister of Religion Industry Labour Agreement, approved businesses are able to sponsor skilled overseas workers for a Temporary Skill Shortage (Subclass 482) visa and/or an Employer Nomination Scheme (Subclass 186) visa....

In order to sponsor skilled employees for Temporary Skill Shortage (subclass 482) and/or Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas, the sponsoring business must demonstrate to the Department of Home Affairs that they have tested the local labour market. This is known as the ‘Labour Market Testing’ requirements....

The Meat Industry Labour Agreement is a work agreement between approved businesses and the Department of Home Affairs, allowing employers to sponsor skilled workers to work in the meat industry in Australia. Under the Meat Industry Labour Agreement, approved businesses are able to sponsor skilled overseas workers for a Temporary Skill Shortage (Subclass 482) visa, an Employer Nomination Scheme (Subclass 186) visa and/or a Skilled Employer Sponsored Regional (Subclass 494) visa....

The Safe Haven Enterprise (subclass 790) visa (SHEV) pathway gives some SHEV holders working and/or studying in regional areas the option to apply for certain visas (including some permanent visas) in Australia....

In order for a business to sponsor an employee for a Temporary Skill Shortage (subclass 482) or Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa, the business must apply for and be approved as a Standard Business Sponsor....

Skilled Refugee Labour Agreement program: From 1 July 2021, the Australian Government in collaboration with Talent Beyond Boundaries, is piloting a program aimed at providing skilled refugees with a pathway to live and work in Australia. Under this pilot program, endorsed business sponsors will be able to utilise the Skilled Refugee Labour Agreement program to sponsor skilled refugees to work in their business, on a temporary or permanent basis....

In a world where international travel is extremely limited and, in some cases, unsafe, intended spouses may well wonder if it is possible for them to get married “by proxy”....

The Fishing Industry Labour Agreement is a work agreement between approved fishing businesses operating in the Agriculture, Forestry and Fishing Industry and the Department of Home Affairs, allowing fishing businesses to recruit an agreed number of skilled workers in light of skills shortages suffered by the Fishing Industry....

In September 2020 the Department of Home Affairs announced the Priority Migration Skilled Occupation List (PMSOL), to identify occupations which fill critical skills needed to support Australia’s economic recovery from COVID-19....

The Dairy Industry Labour Agreement is a work agreement between approved dairy farmers and the Department of Home Affairs, allowing dairy farm employers to recruit an agreed number of skilled workers in light of skills shortages suffered by the Dairy Industry in Australia....

Australian Federal Government’s budget announcements included a change in the period in which the applicant must have met the income threshold for the New Zealand Stream of the Skilled – Independent (subclass 189) visa to encourage uptake....

Did you know that businesses in Australia can sponsor skilled overseas workers in certain industries, even where standard temporary or permanent visa programs do not cater to the particular occupation(s)?...

As discussed in our previous post, under the proposed terms of the Australia – UK Free Trade Agreement, UK nationals will no longer be required to undertake regional farm work in conjunction with their Working Holidays (subclass 417) visas....

On 15 June 2021 Prime Minister Scott Morrison and the UK Prime Minister, Boris Johnson, announced that Australian and the UK had agreed in principle to a Free Trade Agreement. What will the FTA mean for Australian visas?...

Many people, even some of our own politicians, think that if you were born in Australia you are an Australian citizen. However this is not automatically the case and only some people born in Australia are Australian citizens at birth....

The Australian Government has announced a number of concessions for international students who have been adversely impacted by the COVID-19 pandemic....

The Australian government has announced major changes to the Business Innovation and Investment Program, which will take effect from 1 July 2021 onward....

In addressing the many disadvantages and difficulties faced by Family Stream visa applicants due to border restrictions resulting from the COVID-19 coronavirus pandemic...

Due to Australia’s international travel restrictions, many Prospective Marriage (subclass 300) visa holders have found themselves unable to travel to Australia, even after their visas have been granted....

New regulations were enacted in relation to Temporary Graduate (subclass 485) visas in the Post-Study Work stream. The purpose of the new regulations is to encourage international students to study in regional Australia on a Student visa, and to continue living in regional Australia on a Temporary Graduate visa thereafter. ...

The Electronical Travel Authority (subclass 601) visa (ETA) is a streamlined visitor visa for eligible passport-holders to visit Australia as often as they wish in a 12-month period, and they can stay up to 3 months each time they enter Australia....

Victoria’s skilled visa nomination program re-opened on Tuesday, 5 January 2021. Victoria’s full 2020-21 Business Innovation and Investment nomination program opened on 4 January 2021 (following the limited opening of the program for the Significant Investor stream applicants on 30 November 2020). ...

Victoria’s skilled visa nomination program re-opened on Tuesday, 5 January 2021. The full program, like the interim program from September 2020, is focused on Victoria’s health response and economic recovery. Victoria’s total number of nomination places in the Skilled visa program for the 2020-21 program year is as follows......

From 1 January 2021 the Federal Circuit Court application fee for migration litigants will increase from AUD $690.00 to ......

The two main categories of visas for parents of migrants are parent (including aged dependent relative) and contributory parent visas (including contributory aged parent visas). Many of the eligibility requirements for parent and contributory parent visas are the same, but there are several important differences in the application process....

The two main categories of visas for parents of migrants are parent (including aged dependent relative) and contributory parent visas (including contributory aged parent visas). Many of the eligibility requirements for parent and contributory parent visas are the same, but there are several important differences in the application process....

The two main categories of visas for parents of migrants are parent (including aged dependent relative) and contributory parent visas (including contributory aged parent visas). Many of the eligibility requirements for parent and contributory parent visas are the same, but there are several important differences in the application process....

July 2020 the Australian Government announced pathways to permanent residency for Hong Kong passport holders, including allowing temporary work visa holders and student visa holders currently in Australia to have their visas extended....

In light of the challenges that the restaurant industry has recently been experiencing, we wish to shine a spotlight on the Restaurant (Fine Dining) Industry Labour Agreement which allows fine dining restaurants to sponsor and employ chefs, cooks and trade waiters at a lower minimum salary than other skilled visa programmes, subject to labour market testing conditions....

The Federal Court has announced that there will be no attendance required at court during the Covid-19 closures. This will continue until at least... read more...

The Victorian Government has introduced a $500 million Working for Victoria initiative to help Victorians, including international students who have lost their jobs as a result of Covid-19 (Coronavirus pandemic), to find paid work that supports the community....

If you have been granted a visa to enter Australia and the visa requires you to enter before a specific date, the Department of Home Affairs has advised that you should contact the Department once the date has lapsed and you have a proposed new entry date....

If you hold a subclass 482 or subclass 457 visa and your work hours have been reduced, the Department of Home Affairs has advised that you will not be considered to be in breach of your visa conditions, and neither will your employer be in breach of their employer obligations....

The Administrative Appeals Tribunal registries are closed to visitors. However, registry services will be available online or by email....

Government will hold online Australian citizenship ceremonies via video link to enable people to continue to become Australian citizens during the period of restrictions of Coronavirus pandemic....

Working Holiday Visa cannot be extended during Coronavirus Covid-19 pandemic. ...

The Australian Government has announced that it will take a flexible approach in relation to student visa conditions where Covid-19 restrictions have prevented conditions being met....

if you cannot return to your home country, you can apply for another visa to permit you to stay in Australia. Book your consultation today with Australia’s best immigration lawyers at Erskine Rodan & Associates for COVID-19 visa assistance....

COVID 19 restrictions generally prevent Australian citizens and permanent residents from travelling overseas....

Immediate changes to Australia's entry conditions in order to stem the spread of coronavirus. ...

Immediate changes to Australia's entry conditions in order to stem the spread of coronavirus. ...

Immediate changes to Australia's entry conditions in order to stem the spread of coronavirus. ...

Or, “Strengthening” the Character Test This Bill is currently before Parliament. I refer to four issues: Retrospective These laws are probably retrospective in nature. It means that if you passed the Character Test previously, you may not pass the Character Test under this new proposed law. The...

We weigh up the pros and cons of mandatory periods of residence in Australia's regional areas for incoming migrants....

About a month ago, the Australian Government announced some changes to the Working Holiday Maker visa program: From 5 November 2018, expanding the regional areas where Work and Holiday (subclass 462) visa holders can work in agricultural (plant and animal cultivation) to qualify for a second year...

With the silly season approaching, we thought it best to let our valued clients informed of our hours in the forthcoming weeks. Our office will close at 5:30PM on Friday, 21st December 2018 and will re-open at 9:00AM Monday, 7th January 2018. Rest assured, the law sleeps...

Aussie businessman and immigration policy commentariat, Dick Smith recently warned the nation that “[the immigration rate] will destroy Australia as we know it”. This rather dire sentiment is not uncommon, and as immigration lawyers, we thought it was about time we make a well overdue contribution to...

In April this year, Immigration Minister, Mr Peter Dutton, announced changes to the 457 Visa scheme. These changes are far-reaching and will affect the lives of current visa holders and prospective visa applicants. What is the 457 Visa? The 457 Visa is a temporary Visa that allows...

SIV and Managed Funds Under the new SIV regulations, investors must invest: At least AU$500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies; At least AU$1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that...

The Department of Immigration and Border Protection have issued US RnB singer Chris Brown with a Notice of Intention to Consider Refusal of his visa to travel to Australia for his tour scheduled to take place in December 2015. The Notice relates to the singer’s conviction for...

Recently, you might have read of Operation Fortitude, the new Australian Border Force’s (ABF) plan to patrol the Melbourne CBD with Victoria Police and other agencies. A press release issued beforehand stated an intention to check the immigration status of “any individual we cross paths with”. Due...

On 17 September 2015, the Minister for Immigration, Peter Dutton introduced legislation into Parliament to make it a criminal offence for a sponsor to be paid by a visa applicant in return for securing a migration outcome. ‘Payment for visas’ conduct is not currently unlawful. However a...

On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) amalgamated into the Administrative Appeals Tribunal (AAT). This means that matters previously dealt with by the MRT and RRT can only be undertaken by the Migration and Refugee Division (MRD) of the...

Commonly, a bridging visa is granted on the grounds that a substantive visa application has been made and is yet to be finally determined. However, that bridging visa does not carry over to encompass a judicial review application. You may be eligible to apply for a bridging...

When you buy or acquire a property in Victoria, you must pay land transfer duty (otherwise known as stamp duty) unless an exemption applies. The State Taxation Acts Amendment Act 2015 (Vic) amended the Duties Act 2000 (Vic), and consequently from 1 July 2015, a “foreign purchaser”...

A Safe Haven Enterprise visa, allows a person to whom Australia is found to owe protection obligations, to stay in Australia for five years. This visa allows access to Medicare, social security benefits, job matching, short term counselling for torture or trauma, and for minors, access to...

A recent decision of the Federal Court highlights that unfair visa cancellations can be fought in the courts on grounds of unreasonableness. In Eden v Minister for Immigration and Border Protection, Justice Logan, sitting in Brisbane, overturned (or “quashed”) a personal decision of the Assistant Minister for...

The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 is currently in the works, and will see dual nationals losing their citizenship if they have engaged in an act of terrorism. Leading constitutional lawyers, legal groups and the Australian Bar Association have warned the Government that this...

Edition 3 of Australian Business Skills Migration: The Guidebook now available....

A very interesting article recently in the Sydney Morning Herald regarding Fawad Ahmed, a professional cricketer forced to leave Pakistan after receiving threats from religious extremists for his community work, which included education for girls and vaccinations for polio and hepatitis. Ahmed’s story underlines the importance of...

A recent press release from Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash, warns visa applicants to be wary of unscrupulous migration agents. This follows on the heels of recent allegations about AUSFIS, an offshore web-based migration agent, accused of taking payment for...

Last Friday the Government finally proclaimed the official implementation date for labour market testing of subclass 457 visas: 23 November 2013. For many employers, this will mean providing evidence of attempts to recruit Australians for a nominated position. While some occupations will be exempt, the list of...

Is your immigration lawyer or migration agent registered? It seems like a funny question to ask, but from time to time we have clients come to us after falling prey to someone they thought was qualified to help them who, upon further enquiry, turns out to be...

Owing to current events in the Ukraine, the Department of Immigration & Border Patrol (DIBP) has advised that Ukrainian nationals in Australia may apply to DIBP for an extension of their visas for a temporary period. Depending on how events unfold in the Ukraine, subsequent applications might...