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IMPACT – MEDIUM
What is the change? The Australian Government will launch a new Premium Investor Visa to attract higher net-worth investors, and will make other changes to the Significant Investor Visa program in the coming year.
What does the change mean? The new Premium Investor Visa will be open to those investing a minimum of A$15 million. Changes to the Significant Investor Visa will not apply to current holders or applicants.
Background: The Business Innovation and Investment Program entitles qualifying investors to apply for residency at the provisional stage, then on a permanent basis. Applicants must first submit an Expression of Interest and then be invited to apply under a business or investor stream.
In March, the Department of Immigration and Border Protection called for a review of the Significant Investor Visa (SIV) stream. On 14 October, the Government announced it will adopt several of the review’s recommendations, including creation of a Premium Investor Visa (PIV) stream within the Business Innovation and Investor Visa program.
Key features of this new visa are:
The Government will also make changes to the Significant Investor Visa program, including:
BAL Analysis: The changes will provide greater flexibility and faster processing for investors seeking permanent residency for themselves and family members in Australia.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
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The Australian government has issued a warning about a fraudulent website—work4australia.com—that falsely claims to provide Australian eVisas.
Australia is one in a string of countries that have reported web, email or telephone scams designed either to trick people into thinking they are getting legitimate immigration services or to defraud recent immigrants. Within the last year, a number of U.S. employers have reported similar scams that appear to target employees on H-1B visas. Employees have received phone calls from individuals posing as immigration officials who have obtained their home phone number and other personal information.
The Australian website, meanwhile, purports to offer five-year eVisas for $4,700. It directs users to travel to Thailand where, the site says, a company representative will receive payment and provide travel documents. The Australian government says that the site is a fraud and that no such arrangements exist. The government provides tips on how to identify scams, noting that Australian officials never ask anyone to make payments directly through Western Union, never offer a “resettlement programme” through unsolicited email and never send emails with addresses than end in “.pn.”— a domain that has been used by scammers in Australia.
The fake Australian site is just the latest among myriad attempts in recent years to scam immigrants or would-be immigrants. In 2013, some United Kingdom universities reported that students received suspicious calls from people posing as immigration officers with the U.K. Home Office. French police investigated ongoing telephone fraud involving demands that foreign nationals pay immigration fees for paperwork to be completed. Telephone scams also targeted foreigners in Ireland and New Zealand.
The trend has continued this year. Another reported scam in New Zealand targeted Indian nationals. German officials posted a warning about similar telephone-scam tactics. And officials in Canada issued a warning in March that people coming there by using unauthorized representatives could be refused entry.
In the U.S., scammers have tried to trick foreign investors into buying securities to qualify for investor visas, posed as government officials to extract money from Diversity Visa (Visa Lottery) applicants, and have posed as Internal Revenue Service (IRS) agents demanding payments. The IRS reported in April that “sophisticated and aggressive phone scams” against taxpayers, including immigrants, continued to rise across the country. Media outlets in California, Arizona, Tennessee, Ohio, Michigan and other states have reported this month on the continuation of IRS-scam calls.
This alert has been provided by the BAL Global Practice group and our network providers. For additional information, please contact your BAL attorney.
What is the change? Australia is reviewing border-related fees, charges and taxes.
What does the change mean? Various fees and charges associated with coming to and leaving Australia—including the A$55 Passenger Movement Charge on all passengers departing on international flights or sea trips—could be altered. Visa application fees may also be reviewed.
Background: Australia collects A$3 billion annually in border fees on top of “billions” more collected by Australia’s border agencies in other taxes and excises, said Immigration and Border Protection Minister Scott Morrison. Morrison ripped the Australian Labor Party, saying that under Labor’s leadership officials “consistently ram-raided visa fees to prop up their ailing budgets.” At the same time, however, he suggested business- and tourist-friendly policies must be weighed against funding effective border enforcement. Administering Australia’s border currently costs A$6 billion annually. Morrison said the review will be tasked with producing a “a budget neutral outcome.”
BAL Analysis: In conducting the review, officials will “strive to find the right balance between supporting Australia’s international competitiveness, relieving the administrative burden on industry and ensuring the costs of maintaining the integrity of our border are appropriately shared with those who use it,” Morrison said. It is not yet clear how Australia’s various border fees and charges will change. Australia’s Tourism & Transport Forum cautiously welcomed the fee review, but said officials must “consider reducing the burden of taxes and charges on visitors” and that a budget-neutral approach will limit the government’s ability to do that.
IMPACT – HIGH
What is the change? Four family and carer visa categories that were eliminated earlier this year have been reinstated by a successful disallowance motion in the Senate.
What does the change mean? Foreign employees may resume lodging applications in the four non-contributory visa categories: Age Dependent Relative Visa, Remaining Relative Visa, Carer Visa and the Aged Parent Visa.
Background: On Thursday morning, Senator Sarah Hanson-Young brought a formal motion to block repeal of the four visa classes. Supporters of the non-contributory family visa classes argue they are necessary for family reunification, especially for low and middle-income applicants. Assistant Minister for Immigration and Border Protection Senator Michaelia Cash opposed the motion, arguing that the long waiting periods made the categories “impractical” and that keeping the categories would be a “backward step for the fairness and sustainability of the migration program.” On a full vote, the disallowance passed.
“The Senate has voted to keep families living together and looking after each other in Australia,” said Hanson-Young after the vote. “The Abbott government should never have scrapped these essential visas, which only serve to keep families together.”
Several family and carer visa categories were suddenly eliminated in June under a legislative instrument under the Migration Act 1958.
BAL Analysis: The vote is a positive development for foreign residents who relied on the family and carer visas as an affordable, albeit lengthy, avenue to reunite with their families. Applicants are urged to apply as soon as possible.
What is the change? In response to the recent independent review panel report recommending wholesale changes to the 457 visa program, Australia’s Department of Immigration and Border Protection has indicated in meetings that changes are not likely to go into effect until next year.
What does the change mean? Companies can expect the simpler changes to take effect early in 2015 and the more complex changes later in 2015.
Background: Last week, an independent review panel released its report on the 457 visa program, which contained 22 recommendations to overhaul the system.
BAL Analysis: Companies can expect big changes on the horizon, but in the meantime they will have some months to prepare for the changes and work with their BAL solicitor, as the Australian Government has indicated it will engage with stakeholders before implementing changes.
What is the change? Australia is undertaking a review of its skilled migration and temporary work visa programs that seeks to make far-reaching changes and establish a new framework for skilled foreign labour.
What does the change mean? The Department of Immigration and Border Protection (DIBP) is exploring new models of skilled migration that will be responsive to changing labour market needs and cut red tape. The DIBP is inviting comments from stakeholders by 17 October.
Background: According to a discussion paper released this month, the DIBP will consider a new framework to address three broad visa categories: Short-term migration, business and investment migration and skilled work. The DIBP will review and assess existing elements, including sponsorship and nomination, occupation lists, skills assessments, English language proficiency, points tests, age threshold and other measures to determine if they should remain as part of a new regime.
BAL Analysis: Australia is embarking on a long-range reexamination of its foreign labour visa scheme. Employers can expect big changes in the coming year and their feedback at the review stage could greatly impact the final changes that are recommended and implemented.
What is the change? An independent review of Australia’s 457 program has been published, recommending major systemic changes to the skilled workers occupations list, criteria for approval of visas, and oversight of the program.
What does the change mean? Among its 22 recommendations, the report proposes to abolish labour market testing, establish an advisory council to analyse labour market needs, streamline processing for sponsors with a good track record, replace training benchmarks with a training fee, reduce income threshold for the market salary test, and step up monitoring and sanctions for non-compliance.
Background: The report was published by an independent panel that conducted a four-month review of the 457 program by speaking to 150 stakeholders and receiving 200 submissions.
The main recommendations are as follows:
The full report “Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme,” is available on the Department of Immigration and Border Protection’s website.
BAL Analysis: The report is the first concrete step in a systematic overhaul of the 457 program whose impact employers will begin to feel in the coming months.
IMPACT – LOW
What is the change? Australia will introduce automated departure eGates at its eight international airports from mid-2015.
What does the change mean? The eGates will speed processing for travelers departing Australia.
Background: The eGate launch is part of Australia’s push for tighter border controls. The Department of Immigration and Border Protection recently launched a Strategic Border Command system consisting of five regional command centers to monitor border activity and deploy resources when needed. Australia also plans to expand the list of foreign nationals able to access its automated SmartGate entry processing to citizens of Canada, China, France, India, Ireland, Japan, Malaysia and others.
BAL Analysis: These changes are intended to streamline border procedures for legitimate travellers, while freeing up border staff to deal with security threats.
What is the change? Australia now recognises all valid ePassports to be eligible to present to its SmartGate automatic border processing system.
What does the change mean? Travellers with valid ePassports may process much more quickly through Australia’s international airports.
Background: The expansion of SmartGate to “all valid passports” was authorised by Federal Determination IMMI 14/079 under the Migration Act 1958. The Department of Immigration and Border Protection has published a detailed list of documents that will not be recognised. A complete list is available on Schedule A and B of the legislative instrument.
BAL Analysis: Australia’s SmartGate border clearance uses electronic data in ePassports and facial recognition technology to perform customs and immigration checks. Note the list of enumerated travel documents not recognised as valid by the Australian Government.
What is the change? Australia and Spain have entered a reciprocal Work and Holiday Visa arrangement.
What does the change mean? The agreement provides 500 Work and Holiday Visas for each country per year.
Background: Australia announced that an agreement with Spain was signed at Parliament House on 3 September. Australia already has Work and Holiday agreements with Argentina, Bangladesh, Chile, Indonesia, Malaysia, Papua New Guinea, Poland, Thailand, Turkey, the U.S. and Uruguay. Work and Holiday visas provide that young adults, generally aged 18 to 30, may travel and work on a short-term basis usually for up to one year.
BAL Analysis: Australia has been actively expanding its Work and Holiday visa program to more countries in the past year. The program fosters cultural exchange and benefits employers with global training programs.