Since the introduction of the Skilling Australians Fund (SAF) charges (also known as the training levy) on 12 August 2018, much has been said about the limited refund provisions. A recent report released under Freedom of Information showed that between 14 August and 31 December 2018, an estimated AU$8 million was raised in revenue from refused applications.

Submissions have been made to Parliament for the refund provisions to be expanded including a suggestion that the levy should only be paid upon visa grant, and not at application lodgement.  This will ensure that funds are not paid in circumstances where the visa does not come to fruition.

A formal and independent review of the Skilling Australians Fund will be undertaken after 22 November 2019, that is, 18 months after the date of Royal Assent of the relevant Act. This may create an opportunity for stakeholders to provide submissions on refund provisions and other aspects of the Fund’s operations and charges.

In the meantime, a reminder that refund provisions are ONLY available in the following scenarios:

• The sponsorship and visa applications are approved, but the foreign worker (visa holder) does not arrive/commence employment with the employer;
• The employer’s sponsorship and nomination application for the foreign worker is approved, but the associated visa application is refused on health or character grounds;
• A TSS visa holder leaves the sponsoring employer within the first 12 months of employment where the visa period was for more than 12 months. Refunds will only be available in this scenario for unused full years of the SAF levy. NOTE: This does not apply to ENS or RSMS permanent residence holders who leave their employer within the first 12 months of employment; or
• The nomination fee is refunded (e.g. where a concurrent sponsor application is refused).

A failure to submit required documentation at time of lodgement, such as evidence of labour market testing, leading to refusal of a nomination, is not a ground for a refund, nor is a credit available if the same application is re-lodged.

Ajuria Lawyers will advise our clients in the event refunds are possible in a particular case.

DISCLAIMER This information is current as of 28 May 2019 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 re-election of the Morrison Government on Saturday, 18 May is a surprising result, given that the polls consistently predicted a win to the Labor Party.

Both the Minister for Home Affairs, the Hon Peter Dutton MP, and the Minister for Immigration, Citizenship and Multicultural Affairs, the Hon David Coleman MP, held their seats, and Prime Minister Morrison has confirmed that there will be no change at the top of the Home Affairs portfolio. Formal confirmation and swearing in of the new Ministry is likely to take place within the next week or so, once final election results are known.

In the lead up to the election, the Government announced a reduction in the overall annual permanent migration intake to 160,000 in 2019-2020; in real terms, this is a very small change on previous years. The Government also announced initiatives designed to attract more permanent migrants to settle in regional Australia, including expansion of Designated Area Migration Agreements (DAMA) to address very specific skills shortages in specific areas. We can expect to hear more about regional programs.

Unlike the Labor Party, the Government did not make substantial pre-election announcements relating to the temporary skilled migration program.  Ajuria Lawyers is of the opinion that the pre-election focus on Business Sponsors becoming “accredited”, that is, attaining “trusted status” with the Department, will continue. The flow-on effect for clients is likely to be faster processing times. The trade-off for Business Sponsors, is likely to be an increase in self-assessment audits and increased resourcing of compliance activities.

Ajuria Lawyers believes it is also likely that the Government will adopt some of the recommendations of the Government-commissioned report into “The Effectiveness of the Current Temporary Visa System” which was released in April 2019. Recommendations for improvement of the Temporary Skills Shortage (TSS) system, include the following:

• increase the Temporary Skilled Migration Income Threshold (TSMIT) to a minimum of at least $62,000, indexed annually in line with the average full-time wage;
• prioritise the review of the Australian Bureau of Statistics into ANZSCO;
• publish the reasons for changes to the Skilled Occupations Lists;
• introduce more stringent evidentiary requirements for labour market testing;
• not enter into any future trade agreements that would involve labour market testing waivers;
• better fund TAFE and vocational education sectors;
• guarantee funding for training of apprentices, if funding not met by Skilling Australians Fund levies; and
• review the use and effectiveness of Labour Agreements, and make publicly available the reasons for entering into (or renewing) Labour Agreements.

Ajuria Lawyers also notes that an independent review of the operation of the Skilling Australians Fund (that is, the training levy), must commence 18 months after the date of Royal Assent of the Act, that is, 18 months after 22 May 2018. This may create an opportunity for employers to provide feedback on the Fund’s operation, charges, and refund provisions.

Further updates will be provided as information becomes available, however overall, we do not expect to see substantial changes in permanent and temporary programs.

DISCLAIMER This information is current as of 20 May 2019 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.

 

From 1 July 2019, Greece will be added to the list of 43 countries providing reciprocal Work and Holiday arrangements. Up to 500 places each will be available annually for young Australians and Greeks to visit each other’s country for up to twelve months.

While on their first visa, Greek nationals may undertake specified work in regional areas to become eligible for a second Work and Holiday visa and extend their stay.

The option of a third year stay will also be available to them if they undertake six months of regional work in their second year in Australia.

The Work and Holiday visa requires applicants to be between 18 and 30 years, and first-time Greek applicants to hold or be studying towards tertiary qualifications and to have a functional level of English.

DISCLAIMER This information is current as of 17 April 2019 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.

 

Ajuria Lawyers is proud that Partners, Lillian Ajuria and Ron Kessels, have once again been listed in the Australian Financial Review’s Best Lawyers 2019, published on 22 March. Recognition for their expertise in immigration law is based entirely on peer review, that is, by colleagues within the same geographic area and legal practice area.

Congratulations Lillian and Ron!

DISCLAIMER This information is current as of 17 April 2019 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.