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Australian Visa Changes And The Implications For Skilled Migrants And Students

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Australian Visa Changes And The Implications For Skilled Migrants And Students

So far this year we have witnessed significant immigration policy changes enforced by the COVID-19 pandemic.  Impacted cohorts include skilled migrants, international students, partners and aged parents seeking to visit or to permanently migrate.

As we move forward in this state of uncertainty and into the new financial year, further major changes to be introduced that are likely to impact both existing and prospective visa holders include:

  • Critical sector occupations will get priority under state nomination programs.
  • Onshore visa applicants, including international students are likely to have an “edge” over offshore applicants.
  • Offshore visa applicants are to remain “worst-affected” by processing delays bought about as a result of workplace restrictions due to the COVID-19 Coronavirus Pandemic.

So here is the situation:

  • All jurisdictions usually adjust their occupation lists to accommodate the next year’s allocations of places for visas at the start of the financial year.
  • This year changes would be more significant to accommodate Australia’s response to the COVID-19 Coronavirus Pandemic.

Here is a State by State snapshot:

Victoria:  

  • The state government will start accepting new applications for the Skilled Nominated (Permanent) visa (subclass 190) and the Skilled Work Regional (Provisional) visa (subclass 491) in the financial year 2020-2021, subject to an announcement.
  • Like the rest of Australia, Victoria is also facing multiple challenges owing to the COVID-19 induced health and financial crisis.
  • Priority will be given to occupations in sectors critical to the Coronavirus response, such as medicine, infrastructure, tradies, etc, over other occupations.
  • “It seems apparent that applicants possessing critical skills will be given priority in the new financial year. Out of which those onshore are likely to receive priority processing.

New South Wales:

  • In a significant development for visa hopefuls, NSW opened its Skilled Work Regional (Provisional) visa (subclass 491) – applications for which closed on June 26, 2020.
  • The state relaxed the 12-month living and removed the working requirement paving another pathway for skilled migrants planning to work and live in the state.

South Australia:

  • The state has said it will reopen its nomination application system for 190/491 in early August, subject to an announcement.

Western Australia:

  • The WA government made changes to their occupation list on 16 June 2020, removing Registered Nurse (Mental Health) (254422) and adding Nuclear Medicine Technologist (251213) and Physicist (234914) – with the specialisation of Medical Physicist.

Queensland:

  • Business and Skilled Migration Queensland (BSMQ) has also closed its state nomination program. The state is now awaiting advice from the Department of Home Affairs with regards to its nomination allocation for the financial year 2020-21.

Northern Territory:

  • The NT program remains closed to offshore applicants at this stage. New eligibility requirements for all nominations will apply as of 1 July 2020.
  • International students living in the territory will have a clear edge over other applicants in the new financial year.
  • Student visa holders who live in the designated areas and those who keep upscaling their skill sets which are in high demand in the territory have higher chances to be considered for the permanent residency visa nomination.

Australian Capital Territory:

  • Only 81 invitations were issued for subclass 190 in the latest round on June 3, as compared 485 in the previous round. Whereas, no invitations were issued for subclass 491 owing to “sufficient applications in the queue,” as per information available on the state website.
  • The next invitation round is due on or before 15 July, subject to an announcement.

Tasmania:

  • Tasmania has allowed some flexibility for some applicants affected by COVID-19 who are trying to meet the requirements for state nomination.
  • As of 20 March 2020, 491 applications have been temporarily restricted until further notice to occupations listed in the ‘high demand’ section of the Tasmanian Skilled Occupation List (TSOL).

In-demand occupations:

  • Occupations critical to the country’s response to the COVID-19 Coronavirus Pandemic and economic recovery will remain in high demand.
  • Health professionals are now getting priority which was evident from an increase in visa invitations for 189, 190, 491categories.
  • Accounting and IT graduates in Australia could also benefit due to lesser competition owing to a significant anticipated decline in offshore applications in FY 20-21. Also, state nominations under 491 could be a blessing for graduates who are unable to secure an invite under the highly competitive subclass 189 or 190 streams. 

Onshore vs offshore:

  • This year is expected to yield better outcomes for onshore international students and skilled migrants, particularly those who are living in the regional areas across the country.
  • 2019 saw an increased push towards regional areas and this financial year is going to be no exception. But FY 20-21 is expected to be far more beneficial for visa hopefuls currently in Australia as opposed to those who remain stranded outside the country due to border closures.
  • The federal government’s focus is towards protecting the interests of Australians and temporary migrants who remain in the country.
  • “It is a great time for temporary visa holders who are currently in Australia and have their skillset ready to lodge their visa applications in designated regional areas where their occupations are in high demand.

Impact on international students:

  • Prime Minister Scott Morrison has said the federal government is working with the states and territories on plans to allow some international students to return on a pilot basis.
  • In a powerful ultimatum to all jurisdictions, the prime minister reiterated that the states and territories eager to allow international students back into the country will first have to fulfil the prerequisites laid down by the national cabinet.

Processing times:

  • International lockdowns to contain the COVID-19 Coronavirus Pandemic have triggered visa processing issues across the globe, leading to ‘significant’ processing delays due unavailability of key assessment services and the consequent inability of applicants to meet visa criteria.
  • Visas continue to be processed during the coronavirus pandemic, though some applications may take longer as international shutdowns have made it difficult to source supplementary information like health and criminal history checks.
  • Offshore applicants – be it for partners, students, parents, skilled migrants, or visitors – they will continue to feel the pinch until all source countries find a way to contain the COVID-19 Coronavirus Pandemic.

Net overseas migration trends:

  • With international border closures expected to be in place until next year, the federal government expects net overseas migration to fall to just 35,000 in 2020-21 – but it needs to be between 160,000 and 220,000 to maintain GDP per capita growth.
  • This means the total number of migrants who will make Australia home this financial year, both temporary and permanent, will be far lower than it has been in a long time, as was reflected in the visa grants which fell dramatically in the past few months.
  • Migration agents claim a post-pandemic Australia will find it difficult to recover in the absence of a large number of migrants.
  • Migrants contribute to Australia’s economic growth, population, productivity and also make a significant contribution to the country’s social and cultural fabric.

Visa fees and charges:

  • Australian visa charges increase each year on 1 July in line with the consumer price index (CPI). This increase is normally around 3 to 4 per cent.
  • There is no clarity on whether visa cost will increase this year, given the unprecedented circumstances.

Certainty embedded into the Uncertainties:

Although we are in uncertain times and this is likely to continue into the future, there are certainties embedded into what is occurring.  The longer the uncertainty continues:

  • The higher the demand for a skilled workforce in Australia.
  • The more likely current barriers will be removed to attract skilled migrants.
  • Australia will have to fill the migration void suffered due to the COVID-19 Coronavirus Pandemic.
  • Employers will be vying for the best candidates.
  • Greater and better opportunities will become available for skilled migrants.

So where to from here:

Right now is a great time to assess your own situation and we suggest you consider a new life adventure in Australia.  If you consider that is for you, or someone you know, then now is a great time for forward looking individuals to position themselves for first mover advantage for when the certainty kicks in and the opportunities abound.  

In the first instance Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Australian General Skilled Migration Invitations Closed Indefinitely

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It appears Australia’s economy has weathered the worst of the COVID-19 storm

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It appears Australia’s economy has weathered the worst of the COVID-19 storm

Good news for the Australian economy as weekly job losses slow.  New employment data from the Australian Bureau of Statistics (ABS) shows it appears Australia’s economy has weathered the worst of the COVID-19 storm.  The ABS is now releasing results fortnightly to more accurately account for the dramatic changes, with the latest figures showing the pace of job losses in the economy has started to slow.

Over the seven week period from mid-March (stage-two lockdown rules were enacted on March 22) to early May, total payrolls declined by 7.3 per cent. The steepest falls were in the two largest state economies, NSW and Victoria, where job losses totalled 7.7 per cent and 8.4 per cent respectively.

However the latest results show a further slowing in the fall in COVID-19 job losses between mid-April and early May.  Job numbers declined by 1.1 per cent for the week ended May 2, up slightly from 0.9 per cent in the week ended April 25.  

To illustrate the scale of the impact on Australia’s hospitality sector, job losses in the accommodation and food services sector totalled 27.1 per cent since mid-March.  But to the week ended April 11, job losses in that sector had reached 33.3 per cent.  

By age group, the under-20 bracket was hardest hit with losses amounting to 14.6 per cent over the seven-week time period.  The employment data follows some other tentative signs of recovery in the local jobs market, after data from UBS last week showed job ads were back on the rise.

With Australian states planning a phased return to business activity through to the end of June, total percentage job losses may continue declining in the weeks ahead.  

With Australia being one of the most successful countries in managing the COVID-19 Coronavirus Pandemic, our economy is likely to bounce back rapidly and earlier than most.  So if you are looking to position yourself for great opportunities and first mover advantage then Contact us for a confidential discussion and/or refer family, friends and colleagues and be rewarded.

Coronavirus outbreak: The COVID-19 lessons from New Zealand and Australia

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3 STEP FRAMEWORK FOR A COVIDSAFE AUSTRALIA

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3 STEP FRAMEWORK FOR A COVIDSAFE AUSTRALIA

On Friday the 8th of May 2020 Prime Minister of Australia, Scott Morrison presented and released a roadmap to a COVID safe Australia 

National Cabinet has agreed to this three-step plan, which will enable Australia to safely reopen the Australian economy and community.

  • Step 1 will focus on carefully reopening the economy, giving Australians opportunities to return to work and social activities. This will include gatherings of up to 10 people, up to 5 visitors in the family home and some local and regional travel.
  • Step 2 builds on this with gatherings of up to 20 people andmore businesses reopening, including gyms, beauty services and entertainment venues.
  • Step 3 will see a transition to COVID safe ways of living and working, with gatherings of up to 100 people permitted. Arrangements under step 3 will be the ‘new normal’ while the virus remains a threat. International travel and mass gatherings over 100 people will remain restricted.

The plan is designed for Australian States and Territories to progress through in a way that suits their individual circumstances. 

National Cabinet’s goal is to have a sustainable COVID safe Australia in July 2020.  Click here for an infographic of the 3 step process

Now is a time to get ahead of the curve and take action to position yourself and gain first mover advantage for the boundless opportunities that will present themselves on the other side of this plan.

We are here to assist where we can, and look forward to the opportunity to help you secure a great opportunity and a new beginning.  Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

PM reveals three-stage plan for 'COVID-safe economy'

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Australia – Update on Australian Government Covid-19 Immigration response

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Australia – Update on Australian Government Covid-19 Immigration response

The situation

A travel ban is currently in place affecting non-citizens and non-residents of Australia, with limited concessions available for immediate family members of Australians and New Zealand Citizens usually resident in Australia. The Australian Government has provided further guidance on additional limited exemptions, including for individuals providing critical or essential services or on compassionate grounds.

Effective 09:00pm AEDT, Friday 20 March 2020, non-citizens and non-permanent residents were banned from entering Australia. Australian citizens, permanent residents and their direct family members are still permitted to enter Australia but are required to self-isolate for 14 days. New Zealand citizens who are usually resident in Australia are also permitted to enter, again with the requirement to self-isolate for 14 days.


A closer look

The Prime Minister has indicated that additional limited exemptions to the travel ban will be available focussed on individuals providing ‘critical or essential services or on compassionate grounds’.

The Department has now released the following additional limited guidance of circumstances where the Commissioner of the Australian Border Force may consider an additional exemption in relation to the travel bans:

  • Foreign nationals travelling at the invitation of the Australian Commonwealth Government to assist in the COVID-19 response or whose entry would be in the national interest;
  • Critical medical services, including air ambulance and delivery of supplies, that regularly arrive into Australia from international ports;
  • Persons with critical skills (for example, medical specialists, engineers, marine pilots and crews) by exception;
  • Diplomats accredited to Australia and currently resident in Australia, and their immediate family;
  • Case-by-case exceptions may also be granted for humanitarian or compassionate reasons. This may include separation of immediate family members who are holders of temporary work (e.g. TSS) or other longer term visas.

In all cases, sufficient evidence must be provided in support of the request to exercise the discretion to grant relief in particular circumstances. Travel to Australia should not be attempted until the approval of the specific exemption.


Passengers transiting through Australia

Certain nationalities remain eligible to transit through Australia without a visa. For these passengers, the transits must occur on the same day as arrival and passengers must remain in the sterile transit area of the relevant Australian airport.

The Department has confirmed that:

  • The above transit exemptions do not apply to any foreign nationals who have been in China, Iran, the republic of Korea or Italy in the last 14 days;
  • Foreign nationals departing New Zealand can only transit Australia to return home between 12:00 AEDST 21 March 2020 and 11:59 AEDST 24 March 2020. At the end of this period, this exemption is no longer valid; and
  • Citizens of the following Pacific countries can transit through Australia to return home: Cook Islands, Nauru, Samoa, Fiji, New Caledonia, Solomon Islands, French Polynesia, New Zealand, Timor Leste, Kiribati, Niue, Tonga, Marshall Islands, Palau Tuvalu, Micronesia Papua, New Guinea and Vanuatu.

The Virus: updates on COVID-19 for 20 March | ABC News

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Eight ways you can get Australian permanent residency and citizenship

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In most countries you must spend several years living and working there before you can qualify for permanent residency. Australia is different...

Australia offers a range of permanent visas that allow you to stay in the country indefinitely from the moment your visa is granted.  Here are some Australian visas that can lead to permanent residency and citizenship.  

Australia’s high quality of life, prosperous economy, diverse population, excellent healthcare and world-class education system continue to make it one of the most popular countries for people looking to settle abroad. 

In 2018, there were 7.3 million migrants living in Australia, making up 29% of the country’s total population. People born in England continued to be the largest group of overseas-born residents, accounting for 4.0% of Australia’s total population.

Permanent residency and citizenship continue to rise

In the period 1 July 2018 to 30 June 2019, 127,674 people became citizens of Australia through residency (also referred to as conferral by the Australian government) – an increase of 58.3% from the previous year. In the same period, 238,300 people became Australian citizens.

Moving to Australia: How you can make a permanent move Down Under

Before you can obtain Australian citizenship, you must first become a permanent resident. Permanent residency allows you to live in Australia indefinitely and leave and re-enter the country as often as you wish. You’ll also enjoy many of the rights and privileges of citizens, such as access to free or subsidised legal and health services. 

Permanent residency is a five-year visa, but what’s great about this visa is that even when it expires, you’ll still be allowed to stay in Australia indefinitely without breaching immigration regulations.

While there are Australian visas that are temporary and can eventually lead to permanent residency and citizenship, there are some that can fast-track the process. 

If your goal is to live in Australia permanently and become a citizen, these are the visas you should apply for.

Employer-sponsored visas

To be eligible for these visas, you need to find an Australian-based employer that will sponsor you. Employers can only sponsor you if they can’t find an Australian citizen with the skills and experience needed for the job. When you receive a sponsorship, you can only work for the employer who sponsored you.

Temporary Skilled Shortage visa (subclass 482)

The Temporary Skilled Shortage visa (TSS) has a short-term stream and a medium-term stream. To qualify for permanent residency, you must work in an occupation on the medium-term stream for three years. 

Jobs on the short-term stream are only eligible for a two-year visa and will not allow you to qualify for permanent residency. Should your occupation fall on the short-term list, it is possible to extend your stay for another two years. Your employer will need to submit a new nomination and you will have to apply for a new visa.

Employer Nomination Scheme visa (subclass 186)

This is a permanent visa, which means that you’ll be a permanent Australian resident the moment your visa is granted. There are three streams under this visa, all of which allow you to:

  • Stay in Australia indefinitely
  • Work and study in Australia
  • Enrol in Medicare, Australia’s public healthcare scheme
  • Bring your relatives with you 
  • Travel in and out of Australia for five years
  • Apply for citizenship, if eligible

Temporary Residence Transition stream

You’ll need to apply for this visa if you’re already in Australia on a medium-term 482 visa and have worked for your employer for at least three years. Your employer will need to sponsor your application for permanent residency.

Direct Entry stream

You can apply for this stream if you work in an occupation on the medium-term stream and have an employer willing to sponsor you. Usually you are living outside of Australia or have only briefly worked in Australia. As part of your application, your skills will be assessed to ensure they meet the standards of the occupation you’re applying for. You’ll need to receive a positive skills assessment to apply for this stream. 

Agreement stream

You’ll be eligible for this stream if you’re currently working or will work for an employer under a labour agreement. Labour agreements allow approved businesses to sponsor skilled overseas workers when there isn’t a suitable Australian candidate and standard temporary or permanent visa programmes are not available. 

Skilled visas

The skilled migration visa for Australia works on a points-based system. Points are awarded based on your age, qualification, experience and English language skills. Your eligibility for the visa is determined by your occupation. Having an occupation that is in demand gives you the greatest visa options. 

Skilled Independent visa (subclass 189)

This is a permanent resident visa and one of the most sought-after visas because it allows you to live and work anywhere in Australia. To be eligible you must be under 45 years of age, score at least 65 points on the immigration points test and have an occupation on the Medium and Long-term Strategic Skills List (MLTSSL). 

Skilled Nominated visa (subclass 190)

To be eligible for this visa, you must be nominated by a state or territory government. To be nominated or invited to apply, you must first submit an expression of interest to the specific state or territory you want to work in (e.g. New South Wales or Queensland). 

You must be under 45 years of age, score at least 65 points and have an occupation on the Short-term Skilled Occupation List (STSOL). 

Skilled Work Regional (Provisional) visa (subclass 491)

This visa allows you to live and work in specific regional areas in Australia for up to five years. To apply, you will need to be sponsored by an eligible relative or nominated to apply by a state or territory government agency. 

If you’re being sponsored by a relative, they can be one of the following: 

  • A parent
  • A child or stepchild
  • A sibling, including adopted and step siblings 
  • An aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle
  • A nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece
  • A grandparent
  • A first cousin
  • Your relative must also: 
  • Be 18 years old or older
  • Reside in a designated regional area in Australia* 
  • Be an Australian citizen, permanent resident or an eligible New Zealand citizen
  • Be you or your partner’s eligible relative

Regional Australia is defined as: South Australia, Tasmania, Western Australia, Australian Capital Territory, Victoria (except the Melbourne metropolitan), Queensland (except the greater Brisbane area) Northern Territory and New South Wales (except Sydney).

The cut-off age for this is 45 years. As with the other skilled visa, you must score at least 65 points or more and your occupation must be on the list of eligible occupations. After three years of living on the 491 visa you can apply for permanent residency. 

Business visa routes

There are various options for individuals wanting to establish a business or invest in Australia. 

Overseas business sponsorship

If you own a business, you can move Down Under by expanding your business to Australia. This is done by applying for an overseas business sponsorship as well as the 482 visa. The process from your first application through to obtaining Australian citizenship comprises four stages.

Stage 1 – Become an overseas business sponsor 

This stage is a three-step process. You’ll need to:

  • Apply to be an overseas business sponsor
  • Nominate a position within your new Australian business
  • Apply for your TSS 482 visa 

You can bring your family with you to Australia by including them on your visa application. Once you’ve been granted your TSS 482 visa, you can move to Australia and establish the Australian branch of your business. 

Stage 2 – Become a standard business sponsor and get Australian permanent residency

To make the transition from a temporary residence visa to a permanent residence visa, your Australian-based company must first obtain a standard business sponsorship. 

Stage 3 – Become a permanent resident on the Employer Nomination Scheme (subclass 186)

You’ll move onto this stage once you have lived and worked in Australia for three years. 

When applying for your permanent visa, you will need to show that your Australian business can meet its obligation of paying staff members and other statutory requirements. You must also show that you’ve lived in Australia and worked for your sponsoring business for three years. 

Stage 4 – Apply for Australian citizenship

Once you’ve lived in Australia for the qualifying period and met all the requirements, you can apply for citizenship.

Business Talent (Permanent) visa (subclass 132)

The Business Talent (Permanent) visa is suited to business owners, investors or property developers. In the last 20 years, the Australian property market has provided an average capital growth of 6.8% a year. A growing economy and population have led to a huge demand for houses.

We help entrepreneurs meet the requirements of the Business Talent visa and start a business. The programme requires that you form or join a property development company that will allow you to build and sell property in Australia. With the assistance and guidance of our team in Australia, you can continue to buy, develop and sell property within your own company.  

To be eligible for the Business Talent visa, you must:

  • Submit an Expression of Interest (EOI)
  • Be nominated by an Australian state or territory government agency
  • Be invited to apply for the visa
  • Have the required funding or assets

This visa has two streams: 

  1. The Significant Business History stream, which allows experienced business owners to start a new or existing business in Australia
  1. Venture Capital Entrepreneur stream, which allows you to start a new or existing business if you have sourced venture capital funding from a member of the Australian Investment Council (AIC), in the Venture Capital Membership category

Significant Business History stream

To be eligible for this stream, you must: 

  • Be under the age of 55* 
  • Have an overall successful business career
  • Have a genuine intention to establish a qualifying business in Australia, or participate in an existing business
  • Be committed to the business in a manner that benefits the Australian economy
  • Have a total net asset of at least AU $400,000 as the ownership interest in one or more qualifying businesses for at least two of the four fiscal years immediately before you are invited to apply
  • Have an annual business turnover of at least AU $3 million for at least two of the four fiscal years immediately before you are invited to apply
  • Have total assets of at least AU $1.5 million that can be transferred to Australia within two years of the 132 visa being granted 

*This requirement can be waived by a state or territory if your proposed business offers substantial economic benefit to the nominating state or territory.

Venture Capital Entrepreneur stream

To qualify for this stream, you need to source venture capital funding from a member of the Australian Investment Council (AIC), in the Venture Capital Membership category. You must: 

  • Have agreed with a venture capital firm to provide capital funding for either an early phase start-up, commercialisation of a product, development of a business or the expansion of a business
  • Have at least AU $1 million in funding from a venture capital firm
  • Have a genuine intention to establish a qualifying business in Australia, or participate in an existing business
  • Be committed to the business in a manner that benefits the Australian economy

How to get Australian citizenship

Obtaining citizenship through residency is also sometimes referred to as by conferral. This route applies to:

  • Australian permanent residents aged 18-59
  • Children aged 16 or 17
  • Children 15 years or younger applying with a parent or guardian
  • Partners or spouses of an Australian citizen
  • To qualify through this route, you must fulfil the following residency requirements: 
  • Have lived in Australia for four years
  • Have been a permanent resident for at least 12 months
  • Have not spent more than 365 days outside of Australia in the past four years
  • Have not spent more than 90 days outside of Australia in the past 12 months
  • You also need to meet the following criteria:
  • Pass the Australian citizenship test (unless you are over the age of 60)
  • Be a permanent resident at the time of application and decision
  • Satisfy the residence requirement
  • Be likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia
  • Be of good character

Other pathways to Australian citizenship

Descent

If one of your parents was an Australian citizen at the time of your birth, you can claim Australian citizenship. You’ll be entitled to citizenship irrespective of your country of birth or if your parent has lost their citizenship.

Birth

If you were born in Australia between 26 January 1949 and 20 August 1986, then you could be eligible for citizenship. People born after 20 August 1986 do not automatically become Australian citizens as the status of their parents dictates whether a claim can be made.

Adoption

To qualify, at least one of your parents must have been an Australian citizen at the time of your adoption. You must be able to show that you were fully and permanently adopted under either the Hague Convention or a bilateral agreement and that you are of good character.

We can assist you in navigating the pathway to Australia so Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Come Live Our Philausophy

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Australia and Melbourne: Top tier locations for talented global workers

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Australia and Melbourne: Top tier locations for talented global workers

An annual index, ranking countries and cities on their ability to grow talent, has placed both Melbourne and Australia in the top tier.

When it comes to attracting global talent, Australia makes the top 10 and Melbourne is Australia’s second most competitive city, according to the latest 2020 Global Talent Competitiveness Index (GCTI).

The index ranks locations on their ability to grow, attract and retain international talent. This year Australia ranks 10th, rising from 12th in 2019. Switzerland holds first place. Melbourne is the fifth most competitive city for global talent in the Asia-Pacific region.

The 2020 GCTI focuses on global talent in the age of artificial intelligence. Cities that dominate the top rankings demonstrate a future readiness to undertake activities in fields such as AI and advanced technologies. The report notes that AI talent is scarce, and cities are striving to become AI hubs and attract relevant talent.

The index also more broadly identifies talent competitiveness in other areas including innovation and leadership, such as availability of academic researchers, scientists and engineers.

The Victorian Government provides visa nomination to select migrants with skills and qualifications in areas of demand, including ICT occupations as well as health, engineering and construction and other key sectors.

Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Melbourne, Australia

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The Migration Advisory Committee’s latest report on Brexit

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The Migration Advisory Committee's latest report on Brexit

The Migration Advisory Committee (“MAC”) recently published their much awaited report on the Australian-style Points-based system as a model for the UK’s future immigration system. To many immigration lawyers, the report came as a surprise as it suggests no significant changes to the existing Points-based system that has been in place since 2008.

 

This 2020 MAC report builds on their 2018 report dealing with EU migration. In the 2018 report the MAC made radical recommendations to relax the overall requirements for a work visa under the Tier 2 (General) route, for example: abolishing the annual cap on work visas, eliminating the resident labour market test and reducing the job skills threshold. The 2020 MAC report makes it even easier for employers to sponsor highly-skilled and medium-skilled migrants by proposing to reduce the minimum salary threshold from £30,000 per year to £25,600 per year.

 

Having said the above, there are many important issues still to be addressed before the end of this year:

 

1) Employers contemplating hiring EU nationals from outside the UK from 1 January 2021 (after the end of the Brexit transition period) will require a sponsor licence, unless the Home Office introduces a new system which is streamlined and user friendly. This is likely to create a surge in demand for licences, which will create more delays due to capacity issues within the Home Office.

2) Employers seeking to recruit new workers from the EU from 1 January 2021 will face significant cost pressures as a typical Tier 2 (General) work visa valid for three years for a large company will cost approximately £5,000 in Government fees alone.

 

3) There is very little discussion surrounding low-skilled workers. The December 2018 White Paper published under Theresa May’s government describes a separate visa category to allow low-skilled workers from low risk countries with strict conditions (e.g. 12 months maximum duration with a cooling-off period of 12 months). The 2020 MAC report unfortunately does not shed any more light on what this route will look like and whether there will be any special requirements to qualify.

 

4) The proposed £25,600 minimum salary threshold is still too high for some sectors, such as the retail and consumer industry. Many franchise restaurants, for example, may not be able to pay this level of salary for their chefs. Whilst the 2020 MAC report does not suggest a variation in the minimum salary threshold across different sectors in the UK economy, the Government may need to consider this in order to address the acute shortage of workers in some sectors.

 

5) Businesses only have 11 months to prepare for the new Immigration Rules to take effect. As with the previous introduction of new rules, we foresee confusion and inconsistencies in the decision-making process by the Home Office. This is likely to cause more delays and frustration on the part of businesses and workers.

 

Whilst the new 2020 MAC report provides important information, there remains a substantial number of issues to be resolved in order to create a better immigration system that benefits employers and protects our resources (e.g. medical care, roads and social services) from being overwhelmed.

 

Given that this 2020 MAC report may not go far enough in the eyes of the Government, it is certainly possible for Mr Johnson to go beyond their recommendation. However, the administrative machinery of the Home Office may not be able to incorporate such drastic changes by the end of this year. We await the discussion of the 2020 MAC report amongst Cabinet ministers next month and it is expected that a new White Paper on the future of business immigration policy will be published shortly thereafter.

 

Employers are advised to remain vigilant for further updates.

Will the UK have a points-based system for entry?

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‘We need all hands on deck’: Backpackers called in to bushfire recovery effort

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The new visa system details are now becoming clear

Backpackers are being brought in as reinforcements for the bushfire recovery effort under a new plan by the federal government.  The visa system will be overhauled so backpackers are incentivised to help farmers and communities rebuild after the crisis.

Acting Immigration Minister Alan Tudge has announced three major changes following a recommendation from the National Bushfire Recovery Agency as follows:

  • Backpackers can work for an employer for 12 months instead of six months
  • Construction work is now included as part of the designated activities backpackers are allowed to participate in
  • Up to three months of voluntary work will now count towards backpackers’ eligibility for a second-year visa

Mr Tudge said the response to the announcement has been significant and overwhelmingly positive.

“They’re very practical measures just to get more people on the ground.  “Going right now because we need all hands on deck.”

As this initiative unfolds we will keep you informed however we suggest you get in early to take advantage of this opportunity so Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Raging Australian wildfires force residents to water's edge

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