Migration Newsletter

Migration Newsletter

Lewis & Bollard http://lewisbollardmigration.com.au/

Migration Seminars Australia http://www.migrationseminars.com.au/index.html

July 2014 Issue 438

The states and territories

1 July 2014 updates:

http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-sponsored-migration

http://www.liveinvictoria.vic.gov.au/about-us/news/2014/changes-to-state-nomination-occupation-list-for-victoria#.U8Bfwo2KDbh

http://migration.qld.gov.au/news/

http://www.migration.wa.gov.au/skilledmigration/Pages/LatestNews.aspx

http://www.canberrayourfuture.com.au/news/article/update-on-skilled-nominated-subclass-190-visa-program/

http://www.migration.tas.gov.au/news/rcb_meeting_dates_for_2012_released2

Significant investors

Controversy in China.

http://www.businessspectator.com.au/news/2014/7/9/china/australias-siv-scheme-target-money-laundering

http://www.chinadaily.com.cn/business/2014-07/10/content_17697814.htm

Start-up businesses

Firstly an email from reader Jane Elliot:

Dear Peter

A policy change I came across which I think many will not be aware of. With reference to RSMS/ENS Reg 5.19 under Policy prior to 1 July 2014 it was a requirement that start-up companies had to have been operational for a period of six months before they could apply for approval under Reg 5.19. This applied even if the company had recently changed hands – new ABN still required the six month wait. Now there is no time limit. Start-up companies have to meet the evidentiary requirement for lawfully operating but not six month impediment.

I assume this is a common sense change in hand with recent changes under transitional arrangements.

Regards

Jane Elliot

Opal Immigration Services

Maggie Taaffe then found the following paragraph in the Procedures Advice Manual which did not make sense as the “6 month requirement” had been removed from Paragraph 6.4.

13.2Need for a paid employee

Vacancy in a start up business

As detailed in section 6.4 Active operation:

·  a start -up business is one that has been in active operation for a period of less than 12 months and

·  under policy, the nominator must demonstrate that their business has been actively operating for a period of at least 6 months before lodging a nomination.

Jane then raised the issue with the Department and received the following email:

From: Sponsored Skilled
Sent: Wednesday, 9 July 2014 3:45 PM
To: Jane Elliot
Subject: RE: WWW Form Submission [SEC=UNCLASSIFIED]

UNCLASSIFIED

Good afternoon Jane,

Thank you for your email.

We will take your comments into consideration for the Regulation 5.19 PAM3 and we will update the PAM3 to reflect the removal of the mention of the six month operation time for start-up businesses.

We will seek to amend the segment you have mentioned from Section 13.2 to read as:

Vacancy in a start-up business

As detailed in section 6.4 Active operation:

a start -up business is one that has been in active operation actively and lawfully operating for a period of less than 12 months. and

under policy, the nominator must demonstrate that their business has been actively operating for a period of at least 6 months before lodging a nomination.

If the nominated position is in a start-up business, the employer is likely to have provided additional information to support their claim of active operation. The delegate must be satisfied that the position is one that is relevant to the proposed business activity.

An example of a circumstance that would require close scrutiny would be a start-up IT Consultancy, operating from the residence of the sole proprietor and with no other employees, nominating the position of Analyst Programmer.

Thank you for bringing this to our attention. The PAM should be updated with the above proposed changes (or similar) in August.

Kind regards,

Department of Immigration and Border Protection

Thank you to Jane, Maggieand the Department.

Spring in Sydney

Migration Seminars Australia will be holding a two day CPD program in Sydney on 12/13 September 2014.

http://migrationseminars.com.au/#/syd-12-13-sep-2014/4585084829

Migration agents can attend individual workshops, for one day or for both days.

And thank you to all the migration agents who attended our workshops in Sydney last Friday and Saturday.

From Australia and elsewhere

“7. Only lawyers can represent you if your application is denied.”

http://www.beyderwellen.com/immigration-assessment/index.html

Paying fees

http://migrationblog.immi.gov.au/2014/07/07/visa-or-citizenship-related-payments-in-australia-have-become-simpler-and-quicker/

Reviews

http://migrationagentreviews.com/

Technical support

http://www.immi.gov.au/gateways/agents/online-services/technical-support.htm/

Visa status

http://www.smh.com.au/nsw/westfield-parramatta-stabbing-kazem-mohamadi-payam-will-defend-murder-charge-lawyer-says-20140708-zszvd.html

How much are they getting?

An item from the Department’s Disclosure Log:

http://www.immi.gov.au/About/foi/Pages/disclosure-log-2014.aspx

A college

An Administrative Appeals Tribunal decision regarding a well-known college.

http://www.teqsa.gov.au/news-publications/news/administrative-appeals-tribunal-ratification-teqsa-regulatory-decisions

http://www.austlii.edu.au/au/cases/cth/AATA/2014/371.html

From courts and tribunals.

Character and citizenship

http://www.austlii.edu.au/au/cases/cth/AATA/2014/453.html

http://www.austlii.edu.au/au/cases/cth/AATA/2014/459.html

http://www.austlii.edu.au/au/cases/cth/AATA/2014/467.html

Two residence cases

http://www.austlii.edu.au/au/cases/cth/AATA/2014/335.html

http://www.austlii.edu.au/au/cases/cth/AATA/2014/457.html

Held a Subclass 457 visa

https://www.fwc.gov.au/documents/decisionssigned/html/2014fwc4486.htm

“all laws created by humans are invalid”

http://www.austlii.edu.au/au/cases/cth/FCCA/2014/1397.html

A ban

One of our readers has sent an email pointing out the problems that Schedule 4014 of the Migration Regulations causes to people who seek Ministerial intervention.

4014 (1) If the applicant is affected by the risk factor specified in subclause (4):

(a) the application is made more than 3 years after the departure of the person from Australia referred to in that subclause; or

(b) the Minister is satisfied that, in the particular case:

(i) compelling circumstances that affect the interests of Australia; or

(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa within 3 years after the departure.

(4) Subject to subclause(5), a person is affected by a risk factor if the person left Australia as:

(a) an unlawful non-citizen; or

(b) the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.

(5) Subclause(4) does not to apply to a person if:

(a) the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect; or

(b) a bridging visa held by the person at the time of departure was granted:

(i) within 28 days after a substantive visa held by the person ceased to be in effect; or

(ii) while the person held another bridging visa granted:

(A) while the person held a substantive visa; or

(B) within 28 days after a substantive visa held by the person ceased to be in effect.

People seeking Ministerial intervention must apply for a Bridging visa E and the way Regulation 4014(5) is worded means that many will be subject to a three year bar in respect of applications for many temporary visas should they not succeed with the request and have leave Australia.

Schedule 4014 can also catch people in other situations.

Anything but migration

History

www.bbc.com/culture/story/20140703-the-moustache-a-hairy-history

Dreaming

http://www.bbc.com/capital/story/20140630-retire-in-paradise-with-a-plan

Antique

http://www.darkroastedblend.com/2014/06/antique-digital-calculators-other.html

Scenic

http://www.pbase.com/rdelaney/arizona_vistas&page=all

Go

http://www.darkroastedblend.com/2014/06/lets-go-ancient-chinese-game-boards.html

A prospectus

http://boingboing.net/2014/05/20/disneylandprospectus.html

Lewis & Bollard

Solicitors and migration agents

Suite 1702, Level 17, World Tower, 87-89 Liverpool Street, Sydney 2000

PO Box 20011, World Square NSW 2002

Telephone: +61 (02) 9267 6003Fax: +61 (02) 9267 6005

E-mail .au

Website http://lewisbollardmigration.com.au/

The Migration Newsletter is intended to provide general information on migration issues and does not constitute legal advice or migration advice and no responsibility is accepted by Peter Bollard or Lewis & Bollard for the accuracy of material appearing in the Migration Newsletter. People seeking advice on migration law should obtain advice from a registered migration agent .The copyright in the Migration Newsletter belongs to Peter Bollard and no part of the Migration Newsletter is to be reproduced by any means without the written consent of Peter Bollard.

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