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IMPACT –MEDIUM
What is the change? A labour strike by Department of Immigration and Border Protection workers, which is scheduled to begin Tuesday, will now include some workers at Sydney International Airport. Additionally, strike dates announced at other airports last week have been extended into April, and now include a 24-hour stoppage across all worksites on 24 March.
What does the change mean? As Sydney Airport is the busiest airport in Australia, travellers should plan for delays over the next two weeks and plan accordingly.
Background: Last week, the Community and Public Sector Union, which represents the DIBP, announced planned labour stoppages for 22-23 March and made clear that additional strikes may be planned. Today, the union announced that Sydney International Airport would be included and that the strikes at all airports would continue through April 1.
The strikes at Sydney International Airport will take place as follows:
The full schedule of planned strikes at all airports beginning 22 March may be viewed here on the DIBP’s webpage.
BAL Analysis: Although the DIBP indicated it was working to minimise the impact on travellers and to put in place contingencies for visa and citizenship services, it noted that the 24-hour stoppage on 24 March is expected to cause delays for travellers arriving and departing Australia at all international airport terminals. Travellers should remember to arrive at the airport early and plan for delays in moving through immigration and customs controls.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com
MARN: 9683856
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IMPACT – MEDIUM
What is the change? Department of Immigration and Border Protection (DIBP) workers are planning to strike next week at airports in Adelaide, Brisbane, Cairns, Darwin, Melbourne, Perth and Townsville.
What does the change mean? Travellers using any of the affected airports should expect delays and possible service reductions.
Background: The strikes, known as “protected industrial actions,” follow work stoppages in June, July and September. A DIBP announcement says airport strikes are planned as follows:
The DIBP website does not mention any strikes planned for Sydney Airport, Australia’s busiest airport. CPSU has made it clear, however, that additional strikes may be planned. BAL will continue to follow developments in Australia and provide updates if additional work stoppages are announced.
BAL Analysis: Government officials said they are working to “minimise the impact on the travelling public,” but that delays should be expected. Travellers at affected airports are advised to arrive early and proceed directly to immigration and customs after checking in.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
What is the change? Australia will trial a priority visa programme for short-term Chinese tourists and business travellers.
What does the change mean? Beginning 15 March, Chinese nationals will be eligible for priority Subclass 600 (Visitor) visa processing for an additional fee of A$1,000.
Background: In an explanatory statement accompanying the legislation, officials said that the trial programme “will help Australia capitalise on the increased affluence of Asia and the northern Australia’s proximity to the region.” The programme does not change any of the standard requirements on visa eligibility, nor is it expected to delay processing for applicants who apply for Subclass 600 visas outside of the priority programme. For now, the programme is only available to Chinese passport holders, but the legislation is written to provide flexibility to add other nationalities in the future.
BAL Analysis: Officials believe the programme is likely to appeal to more affluent Chinese nationals who need to travel to Australia on short notice. It is consistent with Australia’s efforts to both build business ties with China and increase development in northern Australia.
What is the change? Australia and Hungary have signed a work and holiday visa arrangement.
What does the change mean? An annual limit of 200 young people from Australia may travel and work in Hungary for up to one year, and vice versa.
Background: Hungary is the latest country to be added to Australia’s Work and Holiday program, which currently includes Argentina, Bangladesh, Chile, China, Indonesia, Malaysia, Poland, Portugal, Slovakia, Slovenia, Spain, Thailand, Turkey, the United States and Uruguay. Vietnam signed an agreement last year, but implementation is pending.
BAL Analysis: The Work and Holiday program is very popular and interested applicants should apply as soon as the application period opens.
What is the change? Australian Prime Minister Malcolm Turnbull announced Friday that Australia will provide a streamlined path to citizenship for tens of thousands of New Zealand nationals living in Australia.
What does the change mean? New Zealanders who arrived in Australia between 26 February 2001 and 19 February 2016, have lived in the country for five consecutive years and who have received earnings equal to or greater than the Temporary Skilled Migration Income Threshold will be able to apply for permanent residence and, if eligible, citizenship.
Background: Turnbull announced the citizenship programme Friday after meeting with New Zealand Prime Minister John Key. Eligibility requirements include having five consecutive years of residence in Australia immediately prior to submitting an application; income tax returns establishing taxable income at or above the Temporary Skilled Migration Income Threshold (currently A$53,900) for the years in question; and satisfaction of Australia’s health, character and security checks.
Applications will be accepted beginning 1 July 2017. The programme is only available to New Zealanders who arrived in Australia after 26 February 2001 (when the Australian Government restricted benefits available to New Zealanders in Australia) and on or before 19 February 2016. Those who have yet to arrive in Australia are not covered by the streamlined citizenship programme. The Australian Government estimates that between 60,000 and 70,000 people will be eligible.
BAL Analysis: While the new programme does not benefit New Zealanders who have not yet arrived in Australia, it will provide an easier path to permanent residence and citizenship for tens of thousands who have arrived since 2001.
What is the change? A law passed last year that expands biometrics collection will take effect Tuesday, 16 February.
What does the change mean? Travellers are reminded that the Biometrics Act gives immigration authorities broad powers and flexibility to collect biometric data from all travellers, including minors who are travelling without a parent or guardian.
Background: As BAL reported in December, the Biometrics Act expands and clarifies how biometrics are collected in Australia. Among other changes, the law will grant officials broad discretionary power to collect one or more personal identifiers from both citizens and non-citizens at the border. It will also provide flexibility on what types of identifiers may be collected in given circumstances and permit the collection of personal identifiers from minors, even in cases where a parent or guardian is not present to grant consent. The law received Royal Assent on 26 August 2015 and takes effect 16 February.
BAL Analysis: Foreign employees and other travellers should be prepared to have their biometrics collected when entering Australia.
What is the change? The Department of Immigration and Border Protection (‘DIBP’) is requiring new mandatory declarations by employers and visa applicants under a recent law that makes it a crime to offer, ask for or receive payment or other benefits in exchange for a visa outcome. Whilst some of the DIBP nomination and visa application forms have already been updated with this declaration/certification (including the Temporary Work (Skilled) (subclass 457 visa)), a number of other affected visa subclasses will not have the declaration/certification included in the relevant DIBP application forms until later this year.
What does the change mean? In visa categories where the relevant application forms have not yet been updated to include these declarations/certifications, employers and individuals who lodged applications on or after 14 December 2015 must fill out and sign a form stating whether or not they have engaged in ‘payment for visa outcome’ conduct. Electronic signatures will not be accepted.
Background: Under the new framework, payments, gifts or other benefits are prohibited in exchange for visa sponsorship or a sponsorship-related event. The law passed in November and regulations were adopted in December in an effort to prevent abuse of workers and visa scams. The list of affected visa categories and schedules may be viewed on the DIBP webpage.
BAL Analysis: BAL will be working with clients and their employees to ensure that these declaration and certification forms will be completed and the requirement has been addressed.
What is the change? The Australian Government has commissioned a review of the Temporary Skilled Migration Income Threshold (TSMIT).
What does the change mean? The TSMIT sets the salary floor for Subclass 457 visa holders. The review will be led by John Azarias, who also led a broader review of the Subclass 457 programme that was completed in 2014. Until the Government has time to consider any of Azarias’s recommendations, the TSMIT will remain at A$53,900 per year (about US$39,280).
Background: The Independent Review into Integrity in the Subclass 457 Programme, released in 2014, recommended that the TSMIT remain at its current rate “until such time as a full review is conducted” to allow for a better understanding of the labour market and the income needs of skilled temporary migrants. The Government announced on 23 December that Azarias would lead the review, and that it would consider a range of issues, including the appropriate base level, the role of indexation and possible regional concessions. A statement from Minister for Immigration and Border Protection Peter Dutton said the review would reflect the Government’s commitment that “the 457 programme (act) as a supplement to, and not a substitute for, local workers and the protection of potentially vulnerable foreign workers in Australia.”
BAL Analysis: An increase in the TSMIT would increase business costs for some employers. Any possible change, however, is months away, and the TSMIT will remain at its current level until the review is completed and the Government has a chance to review any recommendations.
What is the change? A law that expands the collection of travellers’ biometric data will be implemented 16 February 2016.
What does the change mean? The Biometrics Act gives immigration authorities broad powers and greater flexibility to require biometric data and personal identifying information from all travellers, including minors.
Background: The Biometrics Act amends the Migration Act 1958 by consolidating provisions relating to collection of personal identifiers and strengthening existing legislation. The Act received Royal Assent on 26 August, and the Minister for Immigration and Border Protection has now set its implementation date for 16 February.
Key provisions of the Biometrics Act will:
BAL Analysis: Foreign employees and all travellers should be prepared to have their biometrics collected at entry ports or other locations when entering Australia.
What is the change? Australia has provided a centralised email address for visa sponsors to use when sending notifications required under their sponsorship obligations.
What does the change mean? Beginning 1 January, all notifications sent by email must be sent to sponsor.notifications@border.gov.au. Notifications sent by registered mail can be sent to one of the eight physical addresses listed below.
Background: Notifications can be sent to the centralised email address or by registered mail to one of these addresses:
GPO Box 9984
Sydney NSW 2001
GPO Box 241
Melbourne VIC 3001
Brisbane QLD 4001
Locked Bag 7
Northbridge WA 6865
GPO Box 2399
Adelaide SA 5001
GPO Box 864
Darwin NT 0801
GPO Box 717
Canberra ACT 2601
GPO Box 794
Hobart TAS 7001
Notification must be provided when an event specified in subregulation 2.84(3) occurs. Such events include, but are not limited to, the cessation or expected cessation of the visa holder’s employment; a change in the visa holder’s work duties; a change in the visa holder’s address or contact information; and certain high-level personnel changes at a sponsoring company.
BAL Analysis: Sponsors should take note of the change and make sure that beginning 1 January they send notifications to the appropriate email or physical address.