During a recent visit to Australia by President Joko Widodo of Indonesia, the Australian and Indonesian Governments welcomed the imminent ratification of the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA).

The two Governments noted opportunities for increasing people-to-people links, including that Indonesian access to Australia’s Work and Holiday Visa will increase from 1,000 to 4,100 when the Agreement is ratified,  increasing to 6,000 in the sixth year.

Indonesia will be added to the list of countries where there is an exemption of Labour Market Testing for its nationals, based on International Trade Obligations.  Hong Kong and Peru will also be added, following recent ratification of trade agreements with Australia.

Ajuria Lawyers will provide further confirmation at the appropriate time.

DISCLAIMER This information is current as of 26 February 2020 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.

In our update of 3 February 2020, Ajuria Lawyers advised that the Government had banned the entry of foreign nationals to Australia, if those persons had spent any time in mainland China in the  14 days prior to their intended date of entry to Australia.

Exceptions were made for:

• Australian citizens;
• Australian permanent residents;
• New Zealand citizens resident in Australia;
• Immediate family members of Australian citizens and permanent residents, including spouses and dependants.

This ban has now been extended to at least 29 February and a further announcement will be made based on the evolving situation.

In the meantime, on 22 February,  limited exemptions from travel restrictions were announced for Year 11 and 12 students who remain in China (unless from Wuhan / Hubei province), and the first group of Australian citizens and permanent residents who were evacuated from Wuhan and quarantined on Christmas Island for 14 days, have been able to return home.

DISCLAIMER This information is current as of 26 February 2020 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.

The New Zealand Government has had restrictions in place regarding the entry of foreign nationals coming from or transiting through mainland China since 2 February. This restriction has just been extended until 3 March and is being reviewed every 48 hours. The current restrictions are twofold:

1. All foreign nationals who have left from or transited through mainland China on their way to New Zealand in the 14 days immediately preceding the intended arrival in New Zealand are being denied entry.
2. NZ citizens and permanent residents (including residence class visa holders with valid travel conditions) and their immediate family (partner and dependent children up to the age of 24) are permitted to enter New Zealand, but will be required to self-isolate for 14 days after their arrival.  Note that this also includes Australian citizens and permanent residents whose primary place of residence is New Zealand.

In addition, the Immigration New Zealand (INZ) processing office located in Beijing has been closed since earlier this month, and will remain closed for now.  A large component of their case load is being allocated to other INZ offices, but this may impact the processing times for visitor visas in particular.

DISCLAIMER This information is current as of 26 February 2020 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.

Jigsaw puzzles seem to be enjoying a renaissance in the 21st century, no doubt because of findings of many studies that jigsaw puzzles are good for brain health. Jigsaw puzzles have been credited with reducing stress, improving memory, promoting cooperation and collaboration, improving problem–solving, reducing the likelihood of dementia, and the list goes on.

The scientific explanation seems to be that jigsaw puzzles exercise the left and right sides of your brain at once. Your left brain is logical and works in a linear fashion, while your right brain is creative and intuitive. When you are doing a jigsaw puzzle, both sides are engaged.

It should come as no surprise that there are many avid puzzlers at Ajuria Lawyers!!

DISCLAIMER This information is current as of 26 February 2020 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 the outbreak of the Coronavirus, the Australian Government has imposed temporary travel bans effective immediately.

People will not be allowed to enter Australia for 14 days from the time they leave or transit through mainland China even if they have a current temporary visa.

The Department of Home Affairs has flagged it may consider cancelling visas of people arriving in Australia who are subject to the ban.

This ban does not apply to:

• Australian Citizens
• Permanent residents
• Immediate family members of Australian citizens and permanent residents including spouses, minors  and legal guardians

It is expected this will have an impact on the processing of visa applications for those based in China or where the Department has information that they have been there recently.

We will update this information as the ban changes.

DISCLAIMER This information is current as of 3 February 2020 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.

Since its launch by the Hon David Coleman MP, Minister for Immigration in November 2019, the Global Talent Independent (GTI) Program has generated a lot of interest and the first visas have now been granted.

The Program seeks to attract “the best and the brightest” from around the world by offering a streamlined and priority pathway to permanent residence if candidates are distinguished in one of the seven identified GTI industries and are likely to be able to command a salary in Australia above the Fair Work High Income Threshold (FWHIT), currently $148,700.

The seven identified GTI industries are: AgTech; Space & Advanced Manufacturing; FinTech; Energy & Mining Technology; MedTech; Cyber Security; Quantum Information, Advanced Digital, Data Science & ICT.

The Minister has now also authorised the Department to consider the following student cohorts for the GTI Program, as long as their research is internationally recognised or has relevance for Australian academia, governments and industry:

1. Recent Masters and Honours graduates (completion within the last 3 years) with degrees relevant to the seven identified GTI industries who can show that they have a distinction average (80% or above) for their course.
2. Recent PhD graduates (completion within the last 3 years or those in their last semester of submitting their thesis) in areas relevant to the seven identified GTI industries.

The Department is allocating 500 onshore and 500 offshore places for these cohorts; there is an expectation that offshore places are filled by graduates of reputable universities, in keeping with the objective of the Program to attract the “best and the brightest”. There is no additional requirement to evidence that the salary threshold will be met.

Please contact your Ajuria Lawyers adviser if you require further information.

DISCLAIMER This information is current as of 3 February 2020 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.

Happy New Year to all of our readers.

During 2020, Ajuria Lawyers looks forward to sharing information that we hope is useful, current and interesting.

With Parliament in recess, and news dominated by the bushfire tragedy in Australia, December / January has been a quiet time from an immigration point of view.

With no scheduled Federal election in Australia this year, we can expect that it will soon be “business as usual”. The Australian Border Force is likely to continue if not expand its monitoring activities, and there is an important article in our January newsletter on monitoring of business sponsors. We also expect to hear a lot more about the Government’s new Global Talent and Regional Visa programs in 2020.

There is also an opportunity to get involved in the review of Skilled Occupations Lists, and we await details of the review of the Skilling Australians Fund (also known as the training levy).

We trust you will enjoy our newsletters in 2020 – and we are always grateful for feedback.

DISCLAIMER This information is current as of 16 January 2020 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.

In our October 2019 newsletter, Ajuria Lawyers reminded business sponsors of the importance of ensuring compliance with sponsorship obligations.

The Sponsorship Monitoring Unit of the Australian Border Force (ABF) appears to be very active. During the month of October, 111 sponsors were monitored. Outcomes of these audits included significant penalties, cancellation of approval as a sponsor, being barred from sponsoring other workers for a period and being issued with infringement notices.

The ABF also maintains a public register of sanctioned sponsors; it states that public disclosure aims to deter other sponsors from breaching their obligations and protects foreign workers from exploitation by enabling them to inform themselves about working for a potential sponsor.

The ABF’s current focus appears to be on industry sectors covered by Awards or other industrial agreements; these sectors include hospitality and construction.

The Award system is a complex one. While employment law is outside of our scope as immigration lawyers, we have observed the following:

• Many employers choose to “annualise” wages as this makes it easier to manage payroll. Some Awards or industrial agreements have specific “annualisation” clauses; under one hospitality Award, for example, annualisation requires the salary to be at least 25% more than the base rates of pay, as per the Award. This can result in sponsored employees being paid a salary that may match the salary on their visa approval, that nonetheless does not meet the minimum required under the Award. This constitutes a breach of sponsorship obligations.
• The Australian Border Force also seems to be reviewing whether or not it is appropriate to annualise salaries in the first place.
• In another recent and high profile case, the Fair Work Commission has questioned the appropriateness of claiming an exemption from the Award or industrial agreement, based on the occupational classification (for example, being a manager).
• Some employers have classified sponsored employees differently under the Award and for visa purposes. For example, classified as a Cook for payroll, but as a Chef de Partie for the visa. Such inconsistency is an issue if the employer is monitored. It is important that sponsored employees are employed in their approved occupations, and to be aware that any change in roles after a visa is granted may require the approval of the Department of Home Affairs.

Ajuria Lawyers expects that compliance activities will be a feature of the 2020 immigration landscape, and will continue to work closely with business sponsors to ensure compliance.

DISCLAIMER This information is current as of 16 January 2020 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.

“Accredited” status has delivered many positive benefits for Business Sponsors. As a result of the broadening of the applicability criteria, and the flexible approach adopted by the Department of Home Affairs, many more clients are enjoying the benefits of streamlined documentation requirements and priority processing. The benefits have extended from temporary to permanent visa applications, with permanent residence applications lodged under the Employer Nomination Scheme being processed noticeably faster, if the employer has “accredited” status.

The Department has recently advised that there are approximately 47,000 Standard Business Sponsors, and approximately 2,600 Accredited Sponsors.

Ajuria Lawyers continues to encourage all businesses that are eligible to attain this “Gold Star” status with the Department.

DISCLAIMER This information is current as of 16 January 2020 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.

The Government’s new Regional Visa program commenced on 16 November 2019. With an allocation of 25,000 places in the 2019-20 Migration Program, the Government sees migrants as part of the solution to populate regional Australia and reduce congestion in the major cities of Sydney, Melbourne and Brisbane.

For employers wishing to sponsor an overseas worker for the new Subclass 494 Skilled Sponsored Regional Provisional Visa, there are almost 650 occupations to choose from.

Occupations on the Medium to Long Term Strategic Skills List (MLTSSL) offer a pathway to permanent residence under the standard Employer Nomination Scheme; any occupation on this list of 216 occupations is an eligible occupation for the Subclass 494 visa.

In addition, there is a dedicated Regional Occupation List (ROL), with 434 occupations, including many that would not be suitable for temporary sponsorship, let alone provide a pathway to permanent residence, under standard programs.

Despite the flexibility around occupations, the Subclass 494 visa requires a number of additional steps, including the requirement for the visa applicant to obtain a positive skills assessment for their nominated occupation. An employer nominating an overseas worker for a Subclass 494 visa must obtain certification from a Regional Certifying Body in relation to Annual Market Salary Rates (AMSR) for the nominated occupation.

Please contact your adviser to discuss regional visa options in more detail.

DISCLAIMER This information is current as of 16 January 2020 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.