Newsletter

Immigration is one of the most complex areas of Australian law, and is subject to frequent change. For this reason, our website does not seek to inform on statutory matters or eligibility criteria for various visa classes.

We do, however, devote enormous resources to keeping up to date, not only with legislative and policy changes, but analysing the thinking and debate behind the changes.

We provide regular updates to our clients via our newsletter, industry briefings and client specific impact analysis papers.

ANZSCO and its shortcomings

In both Australia and New Zealand, the ANZSCO dictionary of occupations is used by immigration authorities as its primary reference for determining the roles that are or are not suitable for immigration purposes. Clients will be familiar with the need to confirm the suitability of a particular ANZSCO classification for a particular role and often…
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Review of Skilled Occupations List Underway

The Government has embarked on a review of the skilled migration occupation lists, and will announce new lists in March 2020.
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Dual passport holders – a cautionary note

Recent changes to the passenger system at Australian airports have resulted in dual nationality visa holders experiencing issues when seeking to switch between passports to travel in and out of Australia.
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Another Citizenship Update

Our readers know that we keep a close eye on progress with processing applications for Australian Citizenship.
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World’s Best Cities for Work-Life Balance

Mobile access technology company Kisi has published results of its research on cities around the world promoting the most holistic work-life balance.
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Not Business as Usual……

As many of our readers may be aware, school children around Australia, and indeed around the world, are planning a second School Strike for Climate on 20 September 2019.
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Changes to health costs

Whether based on a visa applicant’s health declaration or formal health check results, an assessment of health is an important part of the visa application process.
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New Global Talent Independent Program

Minister Coleman has also announced details of the Global Talent Independent Program, which promises to fast-track permanent visas for 5,000 of the world’s best and brightest.
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How else can Ajuria help you?

Ajuria Lawyers is often asked by clients what other services we provide or can assist with. We thought this might be a helpful table. Please contact your Ajuria Lawyers adviser for more information or to set up a time to discuss.
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New regional visas

We can expect to hear a lot more about regional visas. From 16 November 2019, there will be two new regional visas; 23,000 places in the 2019-20 Skilled Migration Program (over 20% of the total) have been allocated to these new visas.
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Public Interest Criterion 4020 – Application Integrity Measures

Public Interest Criterion 4020 (‘PIC 4020’) is an important requirement to be aware of and relates to the entire visa program.
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School fees for TSS visa holders

The relocation of a family on a TSS visa can be a stressful and complex process, particularly when children are involved. Parents (and their Australian employers) are often left considering school options at the last minute.
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Meanwhile in New Zealand…… Work visas

New Zealand has a variety of work visa types, each relating to different work and employer situations. A quick reference guide is outlined below for the main work visa types.
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Global Talent Scheme to continue for employers

On 8 August 2019, the Hon David Coleman MP, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, announced the continuation of the pilot Global Talent Scheme.
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Highly specialised work on 400 visa

There has been an important change to the policy guidelines relating to 400 visas applied for under the Highly Specialised Work stream (the most commonly used stream for a 400 visa).
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Illegal workers Implication for employers

Businesses found to employ workers illegally can face:
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Work limitation on Working Holiday visas

Employers frequently ask us to confirm the circumstances in which holders of Working Holiday visas may work beyond 6 months, as per their visa conditions.
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Collection and Use of Biometrics

We expect to see an increase in the number of requests by the Department of Home Affairs for ‘personal identifiers’ as part of the process for all visa types including TSS visas.
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No change in TSMIT

It has been a long time since there was a change in the Temporary Skilled Migration Income Threshold, known as the TSMIT. In fact, the current TSMIT of $53,900 was set in 2013.
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Security checks on visa applications

In 2018, there were 42.1 million movements across Australia’s international border. This refers to the number of people entering and exiting Australia, by air or by sea; all are subject to security checks at one level or another.
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Significant Investor Visa Impact

Given our focus on servicing employers’ visa requirements, Ajuria Lawyers does not often reference the Significant Investor Visa in our newsletters.
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New report on Temporary Migration

CEDA, the Centre for Economic Development in Australia, has recently released an interesting report on “Effects of Temporary Migration”.
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Application Statistics

We have received some interesting statistics that paint a picture of the demand for, and interest in Australia’s migration program.
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Meanwhile in New Zealand

New Zealand has its own immigration system comprised of various rules and requirements for those wishing to travel to and stay in New Zealand.
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Migration policy and global talent

The OECD has recently published a report compiled by German think-tank, Bertelsmann Stiftung, on the effect of migration policy on the attractiveness of OECD countries to international talent.
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Citizenship Update

There have been conflicting messages in recent weeks as to whether the newly-elected Morrison Government will move forward with changes to Australian Citizenship requirements, proposed in April 2017.
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Government Application Fees

In the Government’s pre-election Budget, the Treasurer announced an increase in Government application fees for all visa subclasses, except the Visitor Subclass 600.
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Review of Global Talent Scheme

The Global Talent Scheme (GTS) was introduced as a 12 month pilot program for established businesses and specialised start-ups in July 2018.
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Changes to the Working Holiday Program

Some changes came into effect on 1 July 2019 relating to the Working Holiday Program:
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Genuine Labour Market Testing

Labour Market Testing requirements have been in place since 12 August 2018, and frequent sponsors are now very familiar with the requirements. Standard requirements have been detailed in previous newsletter articles, however it is important to remind sponsors of the need for their labour market testing efforts to be genuine.
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Selling Australia

A project is under way to rebrand Australia to the world.
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Meanwhile in New Zealand…..

Our loyal readers will be aware that Ajuria Lawyers now offers visa services to New Zealand.
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Airport Searches and Your Rights

While on the subject of airports, if you have ever been asked by an Australian Border Force officer to submit to a search of some kind (your person and/or your belongings) when travelling into or out of the country, you may have wondered about your rights.
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A Future without Passports

Border agencies around the world, including Australia, are rapidly working towards creating a system whereby travellers will no longer have to present their passport to either an official or a passport kiosk.
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Business Sponsors and “Self-Audit”

Ajuria Lawyers frequently reminds Business Sponsors of their obligations for the duration of the sponsorship period.
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No Changing of the Guard

The Prime Minister announced his new Cabinet on 26 May 2019, and confirmed that the Hon Peter Dutton MP will continue as Minister of The Department for Home Affairs, the mega-portfolio of which immigration is one part.
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Refund Provisions – Skilling Australians Fund Charges

Since the introduction of the Skilling Australians Fund (SAF) charges (also known as the training levy) on 12 August 2018, much has been said about the limited refund provisions.
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Post-election Update

The re-election of the Morrison Government on Saturday 18 May is a surprise result, given that the polls consistently predicted a win to the Labor Party.
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Work and Holiday Arrangement with Greece

From 1 July 2019, Greece will be added to the list of 43 countries providing reciprocal Work and Holiday arrangements. Up to 500 places each will be available annually for young Australians and Greeks to visit each other’s country for up to twelve months.
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Best Lawyers 2019

Ajuria Lawyers is proud that Partners, Lillian Ajuria and Ron Kessels, have once again been listed in the Australian Financial Review’s Best Lawyers 2019, published on 22 March.
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Client Survey Results

Ajuria Lawyers surveys clients on a weekly basis, and we are grateful to all of our clients who take the time to participate in the survey. We take the results very seriously as we are always looking at ways to further enhance the client service experience.
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What is a DAMA?

Minister Coleman has recently announced a number of new migration agreements designed to assist a range of industries in filling critical labour market shortages in regional areas. These agreements are called Designated Area Migration Agreements or DAMA.
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Skilling Australians Fund Update

The $525 million Skills Package was a major focus of the Treasurer’s Budget, with the announcement of a number of initiatives to introduce 80,000 new apprentices, provide payments of up to $8,000 per apprentice, and create 10 new training hubs in regional Australia.
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Shadow Minister for Immigration Speaks Up

In a number of recent speeches, the Hon Shayne Neumann MP, Shadow Minister for Immigration and Border Protection, has shared some thoughts about the temporary skilled visa program, and the changes that Labor might implement if elected to Government at the forthcoming election.
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Report on Effectiveness of the Temporary Skilled Visa System

The Government-commissioned report on the Effectiveness of the Current Temporary Visa System was released in April 2019. The report makes a number of recommendations to Government for improvement of the Temporary Skills Shortage (TSS) system, including the following:
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Pre-election Government Announcements

As we outlined in our Budget update, immigration did not figure prominently in the Treasurer’s Budget announcements last week. However, there have been quite a surprising number of announcements in the lead up to the next Federal election.
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Assessment of Nominated Earnings for TSS

Our clients are aware of the importance of providing accurate information relating to the monetary and non-monetary earnings of an overseas employee sponsored for a TSS visa. The ”nominated earnings” are confirmed in the Department’s approval letters.
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Federal Budget Update

The Treasurer of Australia, The Hon Josh Frydenberg MP, delivered his first Budget at Parliament House last night, with barely a mention of the word “immigration”.
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Introducing our New Zealand Immigration Adviser

In recent years, Ajuria Lawyers has seen an increasing demand from our clients for migration services in overseas markets, including the United States, India & New Zealand.
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Ajuria Lawyers supports Biophilia

Visitors to our office in Aurora Place often compliment us on our “green” work environment!
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Australian visas – New Temporary Parent Visa

Minister Coleman has announced that the new 5 year sponsored parent visa, the Subclass 870 Parent (Temporary) Visa, will be open for applications on 17 April 2019.
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First Entry Date on Permanent Visa

If an applicant is granted permanent residence when overseas, the approval letter will specify the date by which the visa holder must enter Australia to “activate” the visa. This date is usually 12 months from the date of the health checks or character checks, whichever is earlier.
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Resident Return Visas: Can someone ‘lose’ permanent residency?

When a person is granted a permanent visa, they and included family members, can remain in Australia indefinitely. However, the permanent visa is only granted with a 5 year ‘travel facility’ that allows for travel into and out of Australia. This travel facility is called the ‘Resident Return Visa’ (RRV).
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Expansion of the Accredited Sponsor Scheme

The Accredited Sponsor Scheme, which allows certain concessions and a more rapid processing of Temporary Skills Shortage (TSS) Visas, is to be expanded in a move that the government believes will benefit many Australian businesses.
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Report on Characteristics of Temporary Residents

The Australian Bureau of Statistics has released data for the first time that provides detailed information on the social and economic characteristics of temporary residents in Australia.
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TSS Nomination Refusals

In response to a recent Freedom of Information request, the Department of Home Affairs has published data relating to Subclass 482 nominations which were refused or withdrawn under Standard Business Sponsorships between 14 August 2018 and 31 December 2018:
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Pilot Global Talent Scheme closing June 2019

Further to our article in our November Newsletter, it is important to keep in mind that the Global Talent Scheme (GTS) is a pilot program, intended to run for an initial period of 12 months to 30 June 2019.
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New Visa Occupations Lists from 11 March 2019

The Government has updated the skilled migration occupation lists, upon which we rely for various visa programs, including Temporary Skills Shortage (TSS) and Employer Nomination programs.
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Australian visas – New Temporary Parent Visa

Minister Coleman has announced that the new 5 year sponsored parent visa, the Subclass 870 Parent (Temporary) Visa, will be open for applications on 17 April 2019.
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Waiver of School Fees for 457/TSS Visa Holders in Regional South Australia

Many 457/TSS visa holders are surprised to be told that education fees – and quite hefty ones - are payable if their children are attending Government schools.
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Changes to Working Holiday / Work and Holiday Programs

Within the last couple of months, the Government has announced changes to the Working Holiday Maker (WHM) visa program, which covers both Working Holiday Subclass 417 and Work and Holiday Subclass 462 visas.
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Sponsorship of Partners

On 10 December 2018, the Governor General signed off on the Migration Amendment (Family Violence and Other Measures) Act 2018.
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Debts to the Commonwealth

Certain visa grants are subject to the public interest requirement that: The applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.
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Skilling Australians Fund and Apprenticeships

The introduction of the training levy, via contributions to the Skilling Australians Fund (SAF), has added significantly to the cost to the employer of lodging certain visa applications, including TSS and Employer Nominations.
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Provision for Part-time Positions to be nominated under TSS

It is not long since Ajuria Lawyers’ last update on this subject, however we believe this information is worth repeating.
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International Trade Obligations and Labour Market Testing

As many of you are aware, there is an important exemption of the usual Labour Market Testing requirement for TSS visas, where it would be inconsistent with Australia’s International Trade Obligations to require that a position be advertised in the standard way
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A Busy Time at our International Airports

If it seemed extra busy at the airport if you travelled overseas this holiday season, it was!
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Ajuria Lawyers Newsletter is back for 2019…..

Thank you to all of our readers who have contacted us to check when we are re-commencing our Newsletter service.
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NEW ENHANCED INTEGRITY REGULATIONS

Our December Newsletter sent earlier this week is not quite our last general communication for the year. Effective today, 13 December 2018, new regulations have introduced a number of enhanced integrity measures.
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AJURIA LAWYERS – 2018 IN REVIEW

We say it every year, but what a year…..
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Benefits of Puzzles Because Immigration Law is puzzling!

Jigsaw puzzles have enjoyed a comeback in recent times. Some of the reported benefits include:
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Interesting Stats on the 2017-2018 Program Year

The Department of Home Affairs has recently released its 2017-2018 Migration Program Report.
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Update on the Global Talent Scheme

The pilot Global Talent Scheme (GTS) has been up and running for 4 months and has received a lot of interest.
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Roundtable Discussions with the Department

Ajuria Lawyers was honoured to be one of a small group of practitioners who were invited to a recent meeting in Canberra with senior policy-makers in the Skilled Migration Division of the Department of Home Affairs.
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Business activities and ETA/e-Visitor visas No work permitted

Depending on the country of passport, many visitors to Australia are able to apply online for either an ETA (Electronic Travel Authority) or e-Visitor visa, to facilitate their travel for business or tourism purposes, for up to 3 months stay on each visit.
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Electronic Visa Records: No visa labels

In September 2015, the Australian Government ceased placing visa labels in all passports.
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Ceasing Work on a 457/TSS visa

A sponsored employee must abide by the condition on his/her visa to work only for the sponsoring employer in Australia. If the employee ceases employment with the sponsor, he/she has three options:
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Changes to the Working Holiday Visa program: Increase to 3 years

Ministers Coleman and Littleproud have announced by media release changes to visa programs that will assist farmers access a larger number of overseas workers.
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Trade Agreements and Labour Market Testing: What does the Labor Party propose?

Labour Market Testing became a mandatory requirement for TSS visa applications on 18 March 2018. An exemption exists where the sponsored employee is a national of a country with whom the Australian Government has a Trade Agreement.
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Babies: Things you need to know……

Our lawyers receive lots of queries about babies! Baby news can have significant implications for the visa process, depending on whether we are advised before, after or during a visa process. Some of the implications are:
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Sponsors – when you review a nomination, what are you confirming?

As a sponsor, do you know what you are certifying when a TSS nomination is lodged on your behalf? All sponsors are required to certify the following as part of a TSS nomination:
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Sydney or Melbourne….Depends on the Global Survey

Since reporting on results last year, two of the world’s best-known surveys – Mercer’s Quality of Living Survey and the Economist Intelligence Unit’s Global Liveability Index – have released this year’s findings.
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New Ajuria Lawyers Website

Ajuria Lawyers is delighted to announce the launch of its new website. Please take a look.
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Mobile Boarding Passes for International Flights

International travellers departing Australia will now be able to check-in for their flights on their phones.
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Canada – First Country to Increase Age Limit for Working Holiday (subclass 417) Visas

In late August 2018, the Hon Peter Dutton, Minister of Home Affairs and the Hon Ahmed Hussen, Canada’s Minister of Immigration, Refugees and Citizenship announced an agreement to increase the age limit to 35 years for the Working Holiday program between Australia and Canada.
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New Minister for Immigration

Following what can be described as a tumultuous period in politics, Australia’s new Prime Minister, The Hon Scott Morrison MP announced a Cabinet re-shuffle on 26 August 2018.
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Priority Processing Requests

While Ajuria Lawyers makes every effort to accommodate genuine requests for priority processing, the Department of Home Affairs frequently reminds immigration lawyers and agents that requests for priority processing should kept to an absolute minimum.
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Provision for Part-time Positions to be nominated under TSS

The TSS is designed to address genuine skill shortages for full-time positions.
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Permanent Residence and Resident Return Visas

Delivering news of the grant of permanent residence to clients is one of the highlights of our work as immigration lawyers and agents.
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Global Talent Scheme (GTS) Update on the Salary Requirements

The Global Talent Scheme is now up and running as one of the TSS “streams”. It was introduced on 1 July 2018 for an initial 12 month period.
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Annual Turnover and Nomination Training Contribution Charge

From 12 August 2018, the long-awaited Nomination Training Contribution Charge will apply at the time of lodgement to all Business Nominations (for TSS visas) and Employer Nominations (for permanent residence visas).
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Temporary Skill Shortage visa – Labour Market Testing requirements

New Labour Market Testing (LMT) requirements apply for nomination applications for the Temporary Skill Shortage (TSS) visa lodged on or after 12 August 2018
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A Further Update – Training Levy

The training levy, now officially known as the “Nomination Training Contribution Charge”, will be introduced from 12 August 2018. The charge will apply to employers seeking to nominate an overseas worker for a TSS visa or permanent residence under an Employer Nomination.
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UPDATE: Training Levy Commencement date announced

A date has just been announced for the commencement date of the much-discussed Training Levy under the Skilling Australians Fund (SAF).
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REMINDER: Employer Sponsored Skilled visas – Skilling Australians Fund (SAF) levy

A reminder that the SAF levy is expected to be implemented before 30 September 2018 (no date yet announced), and will apply to applications made after the commencement date.
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Some Interesting Citizenship Facts

Citizenship continues to be topical, with ongoing debate about the number of years required to meet the residential requirement, and the appropriate level of English language testing.
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Occupation Lists

The Department of Jobs and Small Business regularly reviews the skilled migration occupation lists, upon which we rely for various visa programs, including Temporary Skills Shortage (TSS) and Employer Nomination programs.
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Labour Agreements

A Labour Agreement is a formal arrangement negotiated between an Australian employer (or industry) and the Australian Government, namely, the Department of Home Affairs.
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Newsletter | Ajuria Lawyers