From 1 July 2021, the superannuation guarantee rate will increase to 10 per cent.

When the superannuation guarantee increases, employers must ensure that they are not reducing the Guaranteed Annual Earnings (GAE) of their sponsored workers.

Earnings are defined in the Migration Regulations as wages, amounts applied on the person’s behalf, and the value of non-monetary benefits. Earnings do not include amounts that cannot be determined in advance, reimbursements and contributions to superannuation.

Business Sponsors have an ongoing obligation to ensure that subclass 457 or 482 visa holders are being paid in accordance with the GAE indicated in their approved nominations, and that the sponsored workers are not being paid less than what an equivalent Australian worker would receive in the same position.

Please reach out to your Ajuria Lawyers adviser if you require further information.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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As an Immigration law firm every year we eagerly await the Federal Budget to understand the government’s planning levels which impact the policy settings around our migration program and to see if there are any little gems or new announcements.

The budget assumes that borders may not be reopened until mid-2022. This means:

1. Travel restrictions and quarantine will continue. Only occupations on the Priority List or those to be in critical skills or with border exemptions will be likely to be able to come to Australia on temporary visas. Outbound permission requests for Australian Citizens/Permanent Residents will continue to be needed.
2. Increased importance of the Global Talent and other permanent visa options as a way to bring highly talented employees to Australia because they are exempt from travel restrictions.
   Join our webinar on 18 May to learn all the latest on Global Talent from the Special Envoy to the Prime Minister, Peter Verwer AO.
3. Increased competition for those temporary workers already in Australia along with increased complexity and compliance to manage temporary visa holder populations

The numbers behind all this are startling. The pandemic has meant our incoming international passenger numbers are down by 99% and our net migration (the number of people coming to Australia for more than 12 months less the number of people leaving for more than 12 months) is expected to fall from around 154,000 persons in 2019-2020 to be around -72,000 persons by the end of 2020-2021, before gradually increasing to around 201,000 persons in 2023-2024.

So what does migration in 2021/2022 look like?

The budget provides some high-level indication of where the Department of Home Affairs will focus its attention, but for the real detail on occupations, training levies etc we will need to wait for the outcome of the Joint Standing Committee inquiry into skilled migration which is due to report in July this year.

• Overall planning levels – will be set at 160,000 permanent residence places for 2021-2022. This is a ceiling rather than a target. Temporary visas are not included and are demand driven.
• Skilled visas – around 50% of the total 160,000 program will be dedicated to skilled visas and giving priority to highly skilled migrants in the employer sponsored, Business Innovation and Investor Program and Global Talent visa cohorts.
• Family and Skilled stream places will be maintained at their 2020-21 planning levels, with a continued focus on onshore visa applicants. In a change of tact the government plans to reduce the onshore Partner visa pipeline.
• Family visas – the number of places available will be set at 77,300 places for 2021-22.
• Humanitarian Program will be maintained at 13,750 places in 2021-22.

Global talent visas

The Government’s focus for attracting Global Talent continues:

$550 million will be committed over the next 4 years to attract talent and business from overseas. The ATO will provide fast track tax advice to foreign investors and individual tax residency rules will be simplified.

Streamlining of visas will occur to target highly skilled individuals when circumstances allow, no further details of this streamlining were announced but following on from the Joint Standing Committee’s on Skilled Migration’s Recommendations we may be seeing a new Global Talent Temporary visa being introduced.

Other

Subclass 408 Temporary Activity – The requirement for applicants for the Subclass 408 Temporary Activity visa to demonstrate their attempts to depart Australia if they intend to undertake agricultural work has been removed.

The period in which a temporary visa holder can apply for the Temporary Activity visa has also been extended from 28 days prior to visa expiry to 90 days prior to visa expiry.

Student visa holders – In line with recent announcements, employers in the tourism and hospitality sectors are allowed to employ student visa holders to work more than 40 hours per fortnight. It is not known how long this concession will be in place for.

Pacific labour mobility – Pacific workers already in Australia will continue to have their visas extended until April 2022.

Sponsored Temporary Parent visas – The validity period for Sponsored Parent (Temporary) visas will be extended by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions.

Supporting migrant and refugee women – Funding to improve migrant and refugee women’s safety and a pilot program to support temporary visa holders experiencing family violence to explore visa options that are not reliant on their partner.

Immigration Detention – Further funding to increase the capacity of the onshore Immigration Detention Network.

Adult Migrant English Program – New delivery model for the Adult Migrant English Program from 1 July 2023 to improve English language.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Australian Government has announced two significant changes to address critical skills shortages in the hospitality and tourism sectors:

1. Student visa holders employed in tourism and hospitality will be allowed to work full-time. Currently, student visa holders in these sectors are only allowed to work up to 40 hours per fortnight except during their holidays.
2. Any temporary visa holder employed in tourism and hospitality will be able to apply for a pandemic visa that will permit them to remain and work in Australia for an additional 12 months. This pandemic visa is currently available to those working in agriculture, food processing, health care, aged care, disability care and, child care. The pandemic visa can be applied for any time within 90 calendar days of expiry of the employee’s current visa.

There has been no announcement of when these changes are to take effect and we will update you all as soon as we know.

The changes will also allow some of these visa holders to accumulate 24 months of relevant work experience, which could create additional pathways for TSS visas and permanent residence. We can work with you to develop a plan for any employees you would wish to retain on a longer term basis.

We believe that these changes have been made in large part due to the many submissions made by employers and their representative bodies to the Joint Standing Committee on Migration’s inquiry into the skilled migration program. If you are interested in reading our submission you can do so here.

We expect further changes to be announced in the coming months and will keep you informed. In the meantime, reach out to your Ajuria contact to see how this might help your business.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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In brief
The much-anticipated detail of New Zealand’s new temporary visa framework has been released.
A new Accredited Employer Work Visa (AEWV) and associated mandatory accreditation standards will be introduced on 1 November 2021.

The new AEWV will replace the following visas:

• Talent (Accredited Employer) Work Visa
• Essential Skills Work Visa
• Essential Skills Work Visa – Approved in Principle
• Long Term Skill Shortage List (LTSSL) Work Visa
• Silver Fern Job Search Visa
• Silver Fern Practical Experience Visa

The new AEWV will involve three steps:

1. Employer Check: All employers will need to be accredited.  Applications for accreditation can be lodged from late September. No transitional policy will apply and those employers who hold an existing accredited status with Immigration New Zealand will have to reapply under the new system.
2. Job Check: Checks will be completed to confirm the terms and conditions of the offer of employment comply with employment laws and the labour market test (where relevant) has been met.
3. Migrant Worker Check: Migrants must show they meet health, character and identity requirements and hold the skills and experience stipulated as part of the employer’s job check application.

More detail
Accreditation
There will be two accreditation levels from employers:

• Standard Accreditation: For employers wishing to employ up to five migrant workers on AEWVs.
• High-volume Accreditation: For employers wishing to employ six or more migrant workers on AEWVs.

Labour hire employers and franchisees who want to place migrants on employer supported work visas with third parties will need to meet additional criteria to become accredited under the new framework.  The criteria are expected to be released later this year following further consultation with industry stakeholders.

Employers who do not employ migrants on employer supported work visas (e.g., Open work visas like Working Holiday Visas, Partnership work visas or Post-study work visas) or who only utilise visa pathways not covered by the change, such as Specific Purpose or Event Work visas, are not required to become accredited under the new system.

Accredited Employer status under the new framework will be valid for 12 months in the first instance with renewals being granted for 24 months for Standard and High-volume Accredited Employers.  Franchisee and Labour-hire employers will be granted accreditation for a 12-month duration only, even after a renewal.

• 30 June 2021: Closure of ability to apply for Accreditation (Talent – Accredited Employer), Labour Hire Accreditation and Approval in Principle (Essential Skills).
• Late September 2021: New online accreditation application system opens.
• 31 October 2021: Closure of ability to apply for Talent (Accredited Employer) and Essential Skills work visas under existing immigration framework.
• 1 November 2021: New temporary work visa framework goes live.

If employers wish to utilise Accreditation (Talent – Accredited Employer), Labour Hire Accreditation and/or Approval in Principle (Essential Skills) between 30 June 2021 and 1 November 2021, they will need to apply for these before the closure on 30 June 2021.
Immigration New Zealand have advised the following in relation to the requirements for New Zealand employers to obtain Accreditation under the new framework:

• Employers must be a genuinely operating business, including being registered with Inland Revenue and holding a New Zealand Business Number (NZBN).
• Be in a sound financial position.
• Not have a recent history of non-compliance with immigration and employment laws, and
• will take steps to minimise the risk of exploitation including:
  • completing online employment modules
  • allowing migrant workers time to complete online employment rights modules during paid work hours
  • paying all recruitment costs inside and outside New Zealand
  • providing workers with work-related settlement information and local community and services information

In addition, higher volume employers will need to commit to improving pay and employment conditions over time by meeting a minimum pay requirement of 10% above minimum wage unless covered by a collective agreement.  Commitments on training and upskilling New Zealanders will also be required; however, the detail of this requirement is still under review.

Temporary Visa holders
Under the new framework, Immigration New Zealand have advised the following in relation to temporary visa holders:

• Employers must complete and pay for the employer accreditation and job check before a AEWV can be applied for.
• Work visa applications under the existing visa framework, such as Talent – Accredited Employer Visas or Essential Skills Work Visas, can be applied for up to and including 31 October 2021.
• Talent – Accredited Employer Work Visa holders who have a Residence from Work application in process can continue to apply for a further Talent Visa beyond 1 November 2021, assuming they remain with their employer.
• A residence pathway will exist for migrant workers paid twice the median wage and employed by an accredited employer for a minimum of 24 months (more details are currently being worked on and have not yet been released).

Next Steps
Those employers who are likely to require migrant talent from 1 November 2021 are encouraged to apply for accreditation under the new framework from late September, when the system is expected to be live.  Immigration New Zealand does not anticipate processing timeframes to exceed the current accreditation application processing timeframes; however, it would pay to be proactive in this instance.

If you would like to discuss the upcoming changes in greater detail and how they impact your business and employees, please do not hesitate to us.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Senate Select Committee on Financial Technology and Regulatory Technology has released its second report making a further 23 recommendations.

The committee’s first interim report of September 2020 set out 32 recommendations designed to help Australia’s FinTechs, and the technology sector more broadly, to grow and innovate through the pandemic. A number of the committee’s recommendations were picked up in the October 2020 Budget and in subsequent policy announcements.

For this second interim report released, the committee has again categorised its work across the key areas of: tax settings; regulatory issues; access to capital; and skills and culture.  In relation to migration the committee heard evidence on the importance of attracting global talent in order to grow the FinTech sector and create jobs, while bringing economic benefits to Australia. It found that in the current international competitive environment, getting the visa settings right has never been more critical to grow the sector and position Australia for a stronger economic recovery from recession.  It made the following recommendations to the Australian government:

• That it reviews the Global Talent Visa Program and Hong Kong visa arrangements to ensure international competitiveness, including consideration of salary caps, age thresholds, turnover requirements and key criteria.
• That when undertaking the review of the Global Talent Visa Program, consider providing clearer policies and guidelines on the identified target sectors.
• That it considers the introduction of more permanent residence visa options for employees of high-value businesses relocating to Australia.
• That it reviews its approach to the promotion of Australia as a destination for international talent in the FinTech and RegTech sectors, including through focussed marketing of the Global Talent Scheme and the Global Business and Talent Attraction Taskforce in target jurisdictions.
• Additionally, it was recommended that the Australian Government consider mechanisms to improve visa administration, including faster processing times, and ongoing review of visa eligibility to ensure visa categories are adaptable and responsive to market changes in the FinTech and RegTech sectors.

A full copy of the report can be found here and it will be interesting to see how next week’s budget considers these recommendations together with the interim report on the Inquiry into Australia’s Skilled Migration Program. Our summary on that report can be found here

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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English Requirements?

There are no English language requirements to be granted a Significant Investor Visa (SIV). Even if you speak no English you can apply, although you and your family will need to pay an additional charge if you do not have at least functional English.

What is a complying investment?

Investments must be made in a compliant way which must include:

• At least AU$500,000 in eligible Australian venture capital or growth private equity (VCPE) fund(s) investing in startup and small private companies;
• At least AU$1.5 million in an eligible managed fund that invests in emerging companies; and
• A ‘balancing investment’ of up to AU$3 million in managed funds that invest in a combination of eligible assets that include Australian listed securities, eligible corporate bonds or notes, annuities and real property (subject to the 10% limit on residential real estate).

These rules are currently being reviewed by the Australian government.

There are a number of investment companies that offer products that are designed to comply fully with the legal requirements. We do not provide advice on which investment product might be best for you but we work closely with these fund managers and can make an introduction.

Acceptable funds

Funds used for the investment for a Significant Investor Visa (SIV) must be able to show that the funds were lawfully obtained, owned by the investor and be unencumbered.

In certain circumstances the funds to be used can be gifted, be in a company or trust.

What is the process for a Significant Investor Visa?

Alternative visas

In some cases, investors may be eligible to apply for another visa such as a Global Talent Independent visa or via an employer sponsored route. We can assess these various options with you to determine which is the best way forward.

We can also assist with investor visas to the USA or Canada.

Next steps

Contact us to discuss your best options.

We are lawyers who help start-ups and high net worth individuals wanting to set up operations in Australia or who are seeking another passport or residence. We are experts in our field who can connect you to a network of trusted advisers for taxation, business structuring, investment advice and relocation assistance to ensure that you have all your bases covered and that you and your business or family are well looked after.

Our advice is completely confidential and is protected by client privilege and governed by the ethical obligations of our profession.

We are interested in your business and future and are interested in forming long-term relationships that will help you grow your business. Talk to us today.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Entertainment Visa Snapshot

Family

In most cases immediate family members can also be granted visas, as can most support and personal staff. However, due to border restrictions, family members may not be granted ABF permission (see below) to travel to Australia even if they have a visa. Our recommendation is that family not seek to travel unless there is no alternative.

Union consultation

In most situations the relevant union will need to be consulted before the visas can be granted (it is not necessary that they agree). We will handle the consultation process and find that the unions are mostly supportive of visa applications, provided Australians will benefit from the production.

Arts certificate from the Minister

For actors or performers, the Federal or State Minister of the Arts will need to provide a certificate supporting the issuing of visas related to the production. We will arrange.

Health & police checks in some cases

While health and police checks are not generally required, we have had cases where these have been requested and can slow up processing. This is most likely to occur if an applicant has a known health condition or criminal conviction, or are travelling from certain countries.

Australian Border Force (ABF) exemption due to the pandemic

This is a separate process to the visa process and is required before travelling to Australia. The ABF have imposed a number of requirements including the need for State approval for the arriving party in circumstances where it is a large group or the person will be moving on to another state in Australia after quarantine. This process is causing delays at the moment.

A travel exemption is only valid for one entry. Further approvals would need to be granted each time the person needs to depart and re-enter Australia. There is no guarantee that any subsequent approvals would be granted.

Flight delays

Australia currently restricts the number of weekly international arrivals which has caused difficulties in securing flights and often results in flight cancellations. This should be factored into any scheduling plans.

Quarantine

All international arrivals must quarantine for 14 days unless exempt for medical reasons. The traveller (or other person) must meet the costs of quarantine which vary slightly from State to State.

Quarantine is required even if fully vaccinated or the person has had COVID.

Extensions after arrival

In most cases it is possible to extend the visa after arrival should this be required.

Entertainment Team

Learn more about our Entertainment Team and discover how we can help you in your visa application process.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

With job vacancies reaching an all-time high and significant skill shortages in Australia, the Joint Standing Committee on the Inquiry into Australia’s Skilled Migration Program has released its interim report making several recommendations to improve Australia’s skilled migration program in a post-pandemic environment and so far it’s all great news!

Some of the key findings of the report include:

• 500,000 temporary visa holders left Australia during the pandemic creating a significant skills shortage – temporary visa holders in Australia as of 20 March 2020 was just short of 2.3 million, and the figure was 1.8 million as at 14 February 2021.
• Job vacancies in November 2020 reached 254,000 higher than any point in the last 10 years.
• Australia needs to replace the skilled migrants that left our shores as a result of the pandemic. Without the return of skilled migration, Australia’s economic recovery will be severely hampered and it will be harder to create more jobs for Australians.

The report clearly concludes skilled migrants have the ability to fill gaps in the Australian workforce and aid in the recovery of the economy and makes the following recommendations:

• Pathway to permanent residency clarified for employer sponsored visa holders
• That the Business Innovation and Investment Program and Global Talent Independent visas provide options for both automatic permanent residence and temporary visas with a clearly articulated path to permanent residence
• Priority Migration Skilled Occupation List to be expanded to include Chefs, Veterinarians, Café/Restaurant Managers and Seafarers. This would facilitate border exemptions during the border closures. It is also recommended that other occupations be reviewed closely for this Priority List including civil engineers, electrical engineers, motor mechanics, cooks, carpenters, electricians and other roles in the hospitality, health, trades, agriculture and manufacturing sectors
• A review of Occupation Lists to ensure the lists address urgent skill shortages and employment challenges
• Streamlining of Labour Market Testing and an easing of the requirements so they are less prescriptive
• Removal of the Skilling Australia Fund payment until the end of the pandemic. Thereafter if the levy is retained, aligning the levy with the commencement of employment of the skilled worker or guarantee of refunds if not successful. If the employer has spent the same amount or more in the previous 12 months on their Australian workers – they should not be required to pay the levy
• Greater transparency provided by the Department of Home Affairs in regards to the progress of employer sponsored visa applications
• Adjustment of visa conditions in certain industries to allow for sponsored skilled visa holders to work for several employers without having to make new applications for visas
• Reservation of seats on flights and quarantine spots for skilled migrants
• Visa processing times to be improved and expedited for those still onshore

What does this mean for visa applicants and employers?

The Committee’s recommendations address the complexities of navigating the skilled migration pathway, ensuring there is easier access to skilled migrants. This will allow for immediate shortages in the Australian workforce to be filled.

Adjustment of the Labour Market testing Requirements will aid in reducing the regulatory burden placed on businesses. This will allow for businesses to employ skilled migrants in a more timely manner and adequately address workforce shortages. This will relieve the financial and time constraints many Australian businesses are currently facing whilst navigating the migration process.

The combined review of skills lists and the amendment of visa requirements will allow skilled visa holders the opportunity to be employed in alternative roles with alternative employers. This will not only increase the appeal of migration to Australia but will also reduce delays in processing and allow visa holders to effectively contribute to rebuilding the Australian economy and workforce.

TSS holders should also be provided with greater clarity and direction regarding their options for permanent residency. The above recommendations will establish a clearer pathway for permanent residence once their TSS visa expires, acting as an incentive and encouraging greater commitment to the work being undertaken in Australia.

What is next?

The inquiry will continue with a wider focus on long term reform of the skilled migration program. Submissions responding to the terms of reference will be accepted until 31 March 2021. A copy of the interim report and more details about the inquiry are available on the Committee website  with the final report from the Committee will being produced in July 2021.

If you would like making a submission please contact us.

DISCLAIMER This information is current as of 19 March 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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