So if you or anyone you know is about to lodge a visa or a citizenship application or has had a a visa or citizenship application refused please speak to one of the lawyers at our office for thorough advice on your options. AR LAW Services are Master Migration Lawyers and consequently are expert at all immigration and visa appeals to the Administrative Appeal Tribunal (AAT) and Federal or High Court Cases.

Call 03 9614 0218 or email info@arlaw.com.au to arrange a free initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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As a member of two of Australia’s peak migration law bodies we have had many discussions with the relevant departmental personnel and this is their position as at today’s date:

Firstly – you can still apply for a 457 visa.

But there have been changes:   As of 19 April 2017:

• the Consolidated Sponsored Occupation List (CSOL) has been replaced with the new  Short-term Skilled Occupation List (STSOL);

• the Skilled Occupation List (SOL) has been replaced with the new Medium and Long-term Strategic Skills List (MLTSSL);

• there has been a reduction of 216 occupations available for subclass 457 visa programme applications;

• 59 caveats now apply to specified occupations – these either relate to work experience, regional location or are occupation specific; and

• new visa validity periods also apply under the standard subclass 457 programme with a maximum 2 year period available for occupations that are eligible for the subclass 457 programme but not on the new MLTSSL.

One of the more “confusing” changes and changes that may still prove to be “unlawful” is that of the concept of caveats  and the applying these caveats.

Given the lack of clarity on this issue we would strongly urge that if you or someone you know has a 457 visa pending or is thinking of applying for a 457 visa you contact AR LAW Services urgently and make an appointment with a Master Migration Lawyer regarding your options.

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au

Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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Those Employers who are concerned about how they may be affected by these changes to the TSMIT may be able to bring forward their lodgment of a genuine position nomination, so as to retain the $53,900 TSMIT rate for a period of 12 months (the period of time a subclass 457 nomination application is valid). This will safeguard their application so as not to have to pay the new rate, which at $59,540 represents a 10% increase from the original rate. Once a genuine position application has been lodged, a 457 visa application can be lodged (which also has a validity period of 12 months.

Businesses operating in hospitality and the nursing industry are likely to be most affected by this increased income threshold, as workers in these occupations are usually on low wages. At nearly $60,000 per year, the new rate for the TSMIT is good news for overseas workers, but not necessarily for their bosses – they will be required to fork out an annual salary which  is well above the market rate, in hospitality and nursing based occupations. Local workers, such as cooks and pastry chefs, currently earn an average of $52,500 – $55,000 a year. Similarly, the health care industry employs nurses for around $55,000 a year (excluding over time/penalty rates). Over a period of two years and with multiple migrant workers in the one facility, this new payment scheme could prove to be a costly option for some employers.

Once a genuine position application has been lodged, a 457 visa application can be lodged (which also has a validity period of 12 months. The applicable TSMIT governing market rates is the TSMIT in place at the time the nomination application is approved.

Some of the eligible sponsorship positions that are most likely to be affected include the following:

• Cook or Chef
• Pastry cook
• Café or Restaurant Manager
• Accommodation and Hospitality Management
• Hotel or Motel Manager
• Program or Project Administrator
• General Accountant

If you or anyone you know is about to lodge a 457 visa or

has had a 457 visa refused or cancelled please speak to one of the lawyers at our office for thorough advice on your options.

Call   03 9614 0218 or email         info@arlaw.com.au

to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Likely changes to 457 visa – increase in TSMIT appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Understanding genuineness

In the interim, to streamline nomination processing, agents should still make sure that they are familiar with the current PAM guidance on genuineness and that they provide adequate supporting evidence when lodging a nomination application.  As indicated in the PAM, in most cases case officers will consider this requirement met based on certifications made in the nomination application. They will, however, assess further whether they are satisfied that the position associated with the nominated occupation is genuine if they have concerns that:

a) the nominated position appears to have been created for the purpose of facilitating entry to, or remaining in, Australia;
b)  the tasks to be performed by the nominee do not appear to be consistent with the nominated occupation; or

c) the nominated occupation does not appear to be consistent with the nature of the sponsor’s business.

If you or anyone you know has had a SPONSORSHIP or Nomination application for 457 visa refused or cancelled please speak to one of the lawyers at our office for thorough advice on your options.

Similarly:

If you or anyone you know has had a 457 visa refused or cancelled please speak to one of the lawyers at our office for thorough advice on your options.

Call   03 9614 0218 or email         info@arlaw.com.au

to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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In a statement, Immigration Minister Peter Dutton said his department had been working on the case with the Australian Federal Police, as well as police in NSW, South Australia and Queensland.

“This calendar year, my department has sanctioned eight migration agents resulting in either a caution, suspension, cancellation or a barring decision on their registration.

The post Don’t risk it with a migration agent: The Australian Government warns against using Migration Agents appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

The new legislation has been passed preventing employers from charging would-be employees for sponsorship on the subclass 457 visa Temporary Work (Skilled) visa. It is also illegal for anyone to pay a monetary fee in exchange for a work visa. As noted by Chandler  These new laws are designed to prevent exploitation of overseas workers and to protect the Australian labour market. This type of behaviour undermines Australian workplace law and reduces potential wage rises for local workers. Migrants on temporary work visas often come from low-wage countries and those who have paid their way into the country are at greater risk of being taken advantage of by their sponsor. Unfortunately, exploitation of migrant workers is commonplace, likely due to a general flaw in immigration and employment regulations. New laws aim to protect migrant workers from dishonest employers who take advantage of their vulnerable situation.

It is prohibited to ask for, receive, offer or provide payment or other benefits in exchange for a visa sponsorship. Those found to be exploiting this new law could face jail time or be subjected to paying large fines. Fines can reach in the hundreds of thousands of dollars (maximum of $324, 000) and jail time can be up to two years in addition to visa cancellations for those who choose to engage in this unlawful behaviour.

Exploitation of foreign workers is a form of modern slavery that risks jeopardising Australia’s reputation as a fair country full of opportunities for those who come from abroad. It is anticipated that this new legislation will strengthen the integrity of Australia’s visa application process and prevent employers and employees from engaging in such dishonest behaviour.

Changes to legislation have likely been sparked by several incidents in which ‘payment for visas’ was identified. The Fair Work Ombudsman (FWO) and the Department of Immigration and Border Protection regularly look into reports of exploitation and mistreatment of visa holders; in recent months, several investigations have also been made into alleged corrupt payments to sponsors from foreign workers in exchange for work visas. Unfortunately the Department of Immigration and Border Protection are not always able to take direct action and impose penalties on rule-breakers, due to gaps in the existing legislative framework.

These stricter laws are also likely to have come off the back of a recent Senate inquiry into allegations that two thirds of the Franchisee stores 7 11 have committed wage fraud and blatantly underpaid migrant staff. This behaviour is in direct breach of the Migration Act (1958) which states an employer must provide a visa holder with equivalent pay to that of any Australian employee who has the same occupation as you in your workplace.

If you or anyone you know – is applying for a Sponsorship, Nomination or 457 visa or if you have had a 457 visa refused for FRAUD or any other reason please speak to one of the lawyers at our office for thorough advice on your options.

Call 03 9614 0218 or email info@arlaw.com.au to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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Victoria Police issued a press release saying Operation Fortitude had been cancelled this afternoon.

Earlier, the ABF had said it would be checking people’s visas on the streets of the city centre as part of the operation, which also involved other police agencies.

The statement about the operation’s cancellation was issued after a scheduled press conference about the plans was itself cancelled.

Demonstrators had gathered outside Flinders Street Station to protest against the ABF’s involvement in the operation.

More to come.

If you or someone you know has their visa cancelled or refused talk to AR LAW Services about visa appeal process,

Call 03 9614 0218  or email info@arlaw.com.au   to arrange an initial free 30 minute consultation with our Master Immigration Lawyer at our Melbourne office

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