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IMPACT – MEDIUM
What is the change? Details on information that the Australian Tax Office will acquire about visa holders for the years 2017 to 2020 have been published.
What does the change mean? The information is part of a data-matching program between the Department of Immigration and Border Protection and the Australian Tax Office that began in 2015 to monitor compliance.
Background: The information that the ATO will obtain includes:
BAL Analysis: The data matching helps the Government track compliance with tax laws through immigration records. All sponsors should conduct internal checks to ensure that they are in compliance with their tax obligations.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com
MARN: 0101248
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What is the change? Australia has introduced a new six-year, multiple-entry visa for Singaporean business travelers and tourists.
What does the change mean? The arrangement will improve visa procedures for Singaporean nationals who frequently travel to Australia.
Background: Australia and Singapore first announced that long-term visas would be introduced in June, when Australian Prime Minister Malcolm Turnbull made an official visit to Singapore. Issuance of the new visas commenced last month. Visas will be valid for six years with a maximum stay of three months for each arrival. Additional information is available on this website.
BAL Analysis: The change will facilitate business and tourist travel and reduce the inconvenience of having to apply for a visa more frequently. Applicants should note, however, that work activities and stays of longer than three months are not permitted on the new visas.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
What is the change? Visa applicants at the Australian High Commission in India are experiencing delays due to high seasonal demand.
What does the change mean? Those submitting business and tourist or visa applications at the High Commission should expect delays and plan accordingly.
BAL Analysis: The delays at the Australian High Commission have been attributed to high seasonal demand and are expected to continue for the next two or three months. Those in need of visa services should expect delays as described above. The High Commission does not offer any type of expedited visa processing, so planning ahead is essential.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
In a surprise announcement aimed at “putting Australians first,” Prime Minister Malcolm Turnbull declared in April of this year that the Australian Government will abolish the Subclass 457 Temporary Skilled Work visa and replace it with a new Temporary Skill Shortage (TSS) visa that more tightly controls the migration and hiring of skilled foreign workers.
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What is the change? The Australian Government has reversed its decision to retrospectively apply the elimination of the high-salary exemption for employer-sponsored permanent visas under the Employer Nomination Scheme (Subclass 186) and Regional Sponsored Migration Scheme (Subclass 187) Direct Entry streams.
What does the change mean? Applicants who filed before 1 July and who have not received a final decision remain eligible for the high-salary exemption (at least A$180,001 per year) from skills assessment and competent English language requirements. Applicants who filed on or after 1 July are no longer eligible for the exemption.
Background: On 1 July, the Government announced the removal of the exemption and indicated at that time that it would apply retrospectively to applications filed before 1 July that had not yet been decided.
On Tuesday 11 July, the Department of Immigration and Border Protection announced it had changed its mind as to whether the removal of the exemption would apply to applications that had been filed prior to 1 July 2017. The department indicated that the removal of the exemption was designed to prevent applicants from inflating their income to avoid a skills assessment or English test, and that applications lodged before 1 July will be subject to further scrutiny.
BAL Analysis: The reversal will benefit hundreds of applicants and their accompanying family members who filed their employer-sponsored permanent visa applications before 1 July, and were relying on this exemption from having to meet relevant skills assessment and English language testing requirements. Companies and individuals should note that the removal of the exemption, as well as other changes announced 1 July, including reduction of the upper age limit from 50 to 45 for Subclass 186 and 187 Direct Entry stream applicants, will apply for applications lodged from 1 July onwards.
IMPACT – HIGH
The Australian Government implemented numerous changes to the Subclass 457 and other visa programmes Saturday that will impact corporate immigration and the ability to sponsor high-skilled foreign workers.
Key changes as of 1 July:
BAL Analysis: BAL Australia will be holding a webinar on 12 July that will cover many of the immigration changes to the skilled immigration visa programmes listed above, as well as additional changes scheduled to take effect in March 2018. BAL will continue to monitor developments in Australia and update clients as additional information becomes available.
MARN: 0850984.
What is the change? The Australian Government has made further changes to the lists of skilled occupations that can be filled by foreign nationals under the Temporary Work (Skilled) (Subclass 457) visa, the Training (Subclass 407) visa, the Employer Nomination Scheme (Subclass 186) visa and the Regional Sponsored Migration Scheme (Subclass 187) visa programmes. The Government also moved to end an exemption from skills assessment and English-language requirements for primary Subclass 186 and Subclass 187 visa applicants applying under the Direct Entry Stream whose earnings would be equal to or greater than the Australian Tax Office’s top individual income tax rate.
What does the change mean? The changes to the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) will affect what occupations foreign nationals can be nominated into for certain skilled Australian visa programmes, and, in some cases, the validity period for which a temporary visa will be issued. The end of the exemption from meeting skills assessment and competent English-language criteria for high-earning Subclass 186 and Subclass 187 applicants will add to the requirements these applicants must fulfill before application criteria will be met. The removal of the high-salary exemption will apply not only to Subclass 186 and Subclass 187 nomination and visa applications filed under the Direct Entry Stream on or after 1 July, but also to those applications that were filed before 1 July but that had not yet been finally determined by that date.
Background: The MLTSSL and STSOL replaced the Skilled Occupation and Consolidated Sponsored Occupation lists in April, when 216 occupations were removed from the set of occupations eligible to be filled by foreign nationals under certain skilled visa programmes. Officials said at the time that the MLTSSL and STSOL would be reviewed and that additional adjustments would be made. The Department of Immigration and Border Protection released the adjusted lists Friday. On the whole, more than 30 occupations were added to the lists. Others moved between the two lists, and 12 were removed altogether.
MLTSSL occupations that were on the removed list or not previously eligible for the 457 visa programme
Applicants with pending Subclass 457 visa applications whose occupation is no longer eligible will have the opportunity to withdraw their application and request a refund. Subclass 457 visas will be granted for up to two years unless the occupation is on the MLTSSL, in which case the visa may be granted for a period of up to four years. Foreign nationals whose occupation appears on the MLTSSL will have a pathway to Australian permanent residency through Employer Sponsored visa programmes post March 2018, which will coincide with the implementation of the new Temporary Skills Shortage (TSS) visa programme.
Officials have indicated that the occupation lists will be regularly reviewed every six months, with a view to support the changing needs of Australian industry and Australian workers. The next scheduled review and update to the occupation lists is expected to occur on 1 January 2018.
BAL Analysis: While the addition of occupations to the MLTSSL and STSOL and the movement of a number of occupations from the STSOL to the MLTSSL are welcome developments, the end of the skills assessment and competent English-language exemptions for high salary earners under the Direct Entry Stream of the Subclass 186 and Subclass 187 visa programmes will make obtaining a permanent Australian visa more difficult for certain foreign nationals. The changes are just some of a host of immigration changes that are being undertaken in Australia this year and next year. BAL Australia is hosting a webinar 12 July that will cover key immigration developments in 2017, including the numerous changes that took effect on 1 July and those on the horizon for 2018.
MARN: 0850984
What is the change? Argentina has announced that it will waive the reciprocity fee for Australian visitors beginning July 1.
What does the change mean? Australian nationals, who are already visa-waived, will no longer need to pay the US$100 fee before travel, as is currently required.
Background: In 2008, Argentina began imposing a “reciprocity fee” on certain nationalities, including Americans, Australians and Canadians, whose countries charge visa fees for Argentinian nationals. However, Argentinian authorities suspended the fees for Americans in 2016, and has now announced the same policy for Australian travelers.
BAL Analysis: The removal of the fee will lower the cost of business and leisure travel to Argentina for Australian visitors.
This alert has been provided by the BAL Global Practice group and our network provider located in Argentina. For additional information, please contact your BAL attorney.
What is the change? The requirements to become an accredited sponsor in the Subclass 457 visa programme are set to change.
What does the change mean? Effective 1 July, Standard Business Sponsors must meet the required characteristics of one of four categories in order to qualify as an accredited sponsor. One category will be designed specifically for low-volume users of the 457 programme with at least 90 percent Australian workers. The other categories are reserved for government agencies, Australian Trusted Traders and high-volume 457 sponsors with at least 75 percent Australian workers. Accredited sponsors receive priority processing in the visa application process. Sponsorship is valid for six years.
Additional information: The changes to the accredited sponsorship programme are one of a host of immigration changes set to take effect 1 July. Australia’s Department of Immigration and Border Protection said the accredited sponsorship changes will be made to make sure that lower risk sponsors have greater opportunities to have access to streamlined processing services.
The Department of Immigration and Border Protection said the new accreditation categories and required characteristics will be as follows:
*These characteristics require additional supporting documentation.
Eligible Standard Business Sponsors that meet one of the Accredited Status categories can apply for accredited status under the new rules by lodging a sponsorship variation application on or after 1 July.
BAL Analysis: While accredited sponsorship has be a good option for high-volume 457 visa sponsors in the past, the third category may present a good option for lower-volume 457 visa sponsors who have a high percentage of Australian workers in their Australian operations. Contact your BAL professional with questions about becoming an accredited sponsor or the steps that must be taken to obtain this status.
A host of changes to Australian immigration systems are set to take effect 1 July 2017. Some of the changes were announced in April, when Prime Minister Malcolm Turnbull said Australia would abolish the Subclass 457 Temporary Skilled Work visa and replace it with a new Temporary Skill Shortage (TSS) visa stream. Others were included in the Federal Budget, which was released in early May. And still others were included in amendments to regulations that were announced later in May.
Key Changes as of 1 July:
BAL Analysis: Employers and foreign nationals should familiarise themselves with the changes outlined above. Those in the process of preparing a 457 visa application should make sure they have obtained the requisite police clearance certificates and satisfy the English language requirements. Companies may need to make slight adjustments to their budgets to account for the increased VACs, whilst the new Subclass 189 New Zealand stream will make it easier for some eligible New Zealand passport holders to become Australian permanent residents. BAL Australia will be holding a webinar in July that will cover the outcome of the immigration changes listed above, as well as additional changes scheduled to take effect in March 2018. Further details of this event will be announced soon.