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Immigration – amendments delayed – FED

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Amendments under the proposed Migration Amendment (Regulation of Migration Agents) Bill 2018 (Cth), currently before the senate, lawyers will be able to conduct immigration matters as part of their usual practice, will no longer have to register as migration agents and will not be subject to regulation by the Migration Agents Registration Authority (MARA). An implementation date of 19 November was originally set for this change.

Unfortunately the senate has not been able to find the time to consider or pass the amending legislation and the intended implementation date of 19 November 2018 will therefore no longer be possible. A new proposed implementation date will need to be determined when and if the legislation passes.

In the meantime double regulation continues and Australian Legal Practitioners must continue to register as Migration Agents with OMARA before they can conduct immigration work.

By Lawyers will keep you updated on the progress of this Bill. The By Lawyers Immigration Guide is available to assist lawyers who conduct immigration matters.

FED – Immigration – Labour Market Testing

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The recent changes to Labour Market Testing requirements for Temporary Skill Shortage visa nominations have been incorporated into the commentary in the By Lawyers Immigration Guide.

The testing time before a nomination is lodged has changed from 6 months to 4 months. At least two advertisements are still required for the nominated position, however the information that needs to be included has become:

  1. the title, or a description, of the position;
  2. the skills or experience required for the position;
  3. the name of the approved sponsor or the recruitment agency being used by the sponsor; and
  4. the annual earnings for the position unless the annual earnings will be lower than AUD96,400. It is acceptable to publish a salary range, e.g. AUD80,000 to AUD90,000.

Advertised positions must remain open for application for at least 4 weeks from first publication, regardless of the medium used. General classified sites and social media platforms are still not suitable media for Labour Market Testing purposes, however LinkedIn’s online recruitment platform is acceptable.

Alternative requirements apply for ‘select occupations’ and ‘select positions’ such as for outstanding and internationally recognised talent in sport, academia or as a top chef. Also included are changes due to business restructures, or where the annual earnings are not less than AUD250,000, or for particular medical personnel.

It is still mandatory under the Migration Act to provide evidence with the nomination application of the sponsor’s efforts to find suitably qualified and experienced Australian citizens or permanent residents to fill the position/similar positions. This entails copies of advertisements and a receipt for any advertising fees being provided and/or a written submission for ‘select’ nomination applications.

FED – Immigration – New charge

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The Migration Amendment (Skilling Australians Fund) Act 2018 introduces a new charge.

Employers who wish to sponsor employee visa applications must pay a Nomination Training Contribution charge for all nominations after 12 August 2018.

The visa subclasses that will initially be affected are 482, 186 and 187.

Commentary has been added to the By lawyers Immigration publication accordingly.

By Lawyers always keeps you up to date!

 

Fed – Immigration – Visa application fees

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A new section  has been added to commentary in the By Lawyers Immigration Guide which deals with calculating visa application fees and charges.

The new commentary includes a link to the interactive ‘Fees and charges for visas’ page produced by the Department of Home Affairs. This page contains a visa pricing estimator as well as a visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or closed visas.

By Lawyers Immigration Guide assists practitioners with every step of the process and streamlines the work involved in acting for clients who need help with immigration matters.

Immigration work to become easier for lawyers

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With the impending removal of dual regulation, immigration practice becomes more accessible for legal practitioners.

Currently, lawyers practising in immigration law are subject to dual regulation: the regulation already applicable to Australian legal practitioners, plus the requirement to be registered as migration agents and subject to the Migration Agents Regulatory Authority (MARA).

Under the proposed Migration Amendment (Regulation of Migration Agents) Bill 2017 (Cth), currently before the senate, this barrier to lawyers conducting immigration matters will be removed. Lawyers will no longer have to register as migration agents and will not be subject to regulation by MARA.

This means lawyers will be able to conduct immigration matters as part of their usual practice, with no additional registration or regulatory requirements.

The proposed commencement date, for lawyers holding practising certificates without a supervised legal practice condition, is 19 November 2018.

Further information about the Bill, including proposed consumer education on the changes, is available on the MARA website.

By Lawyers Immigration guide allows lawyers to take advantage of these changes

By Lawyers continually reviews and updates all publications in line with legislative and procedural changes, ensuring publications are current for every matter undertaken.

Whether acting for an employer who wants to sponsor a temporary overseas worker or a family seeking to bring an older relative from another country, the By Lawyers Immigration publication assists practitioners from start to finish.

Immigration – New letters added to Guide

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Seven helpful new precedents have been added to our Immigration Guide to make common communications quicker and easier:

–              Cover letter – Skilled visa (BLFL:FED:IMM:045)

–              Cover letter – Visitor visa (BLFL:FED:IMM:051)

–              Letter of advice – Employer Nomination Scheme visa (BLFL:FED:IMM:049)

–              Letter of advice – Prospective marriage (BLFL:FED:IMM:050)

–              Letter of advice – Temporary skill shortage visa (BLFL:FED:IMM:047)

–              Letter to client – Request for further information (BLFL:FED:IMM:048)

–              Response to request for further information (BLFL:FED:IMM:046)

Immigration – 457 visa replaced with with Temporary Skill Shortage visa and associated reforms to permanent skilled migration programs

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From 18 March 2018 the Temporary Work (Skilled) visa (subclass 457 visa) is abolished and replaced with the Temporary Skill Shortage (TSS) visa. Associated reforms to permanent skilled migration programs are also made from this time (sub classes 186, 187, 189, 190, and 489). These amendments are reflected in our Immigration Publication.

Crossing borders – Immigration Law – New Guide

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By Lawyers are delighted to announce the release of our comprehensive new Guide to Australian Immigration Law, providing lawyers and migration agents with detailed but easy to follow commentary and accurate precedents for managing any migration matter, from initial engagement to final determination.

This new publication is a convenient compass for practitioners seeking to navigate Australia’s migration legislation. We cover all types of visa applications and all types of clients, from bridging visas to families seeking reunion with loved ones; from businesses looking to sponsor skilled employees to visas for New Zealand citizens; and many more.

The publication also assists users through the application review process, appeals and ministerial interventions.

Whether your firm is new to this area of practice, is looking to expand its offering, or needs to be able to handle occasional immigration matters for existing clients, this Guide assists practitioners to advise and act with confidence in this critical area.

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