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Monday, 27 October 2014

Dispelling the myths on EMAs


Dispelling the myths on EMAs


It would be hard to have missed the commentary that has followed the minister’s recent announcement of an Enterprise Migration Agreement (EMA) for the Roy Hill Project in Western Australia. It is important to understand the facts of the EMA program and why it was introduced.
In a previous post, the rationale for EMAs was outlined in detail. A report from the National Resources Sector Employment Taskforce in July 2010 recommended their introduction. Additional evidence has also pointed to the need for a migration option which guarantees large mining projects have the workers to proceed—for example, the Skills Australia interim report of 2011 on resources sector skill needs indicated that by 2016, Australia will have a shortfall of 89 000 skilled workers in the resources sector.
Let’s address the most commonly raised concerns about EMAs.
‘EMAs and the negotiations around them are secretive’
An EMA is a contract between the Australian Government and the project owner. A contract like this cannot be fully disclosed because it contains commercially-sensitive information. The EMA guidelines require that extensive consultation must occur with all key stakeholders before an EMA can be agreed. The department will publish projects which have an active EMA.
‘EMAs will take away Australian jobs’
This is untrue. The government’s priority is to ensure suitably qualified Australian job seekers have every opportunity to find work in the resources sector. To assist, a Resources Sector Jobs Board was created to help Australians find employment opportunities offered by the mining boom.
However, there is a large body of evidence that points to significant skills shortages in the resources sector over the coming years. This shortfall suitably skilled workers is compounded by the unprecedented demand for Australian minerals and resources and the high levels of capital expenditure that are flowing into the country.
The EMA program aims to lock in these large mining projects to ensure their viability. This helps secure Australian jobs and supports future Australian workers entering into the sector through training and apprenticeships, which are an integral part of all EMAs.
‘EMAs will undermine Australian working conditions and wages’
This is untrue. The Worker Protection Act 2008, introduced in September 2009, requires overseas skilled workers
be paid the market salary rate and provided with the same terms and conditions of employment as an Australian worker doing the same job at the same place. This ensures two things—that the employment conditions of Australian workers are maintained and not undercut; and that overseas workers are treated fairly in the workplace.
Sponsorship obligations also require employers to pay the travel costs to enable 457 workers to leave Australia. There is, therefore, no incentive for businesses to reduce costs by employing overseas workers through the skilled program—skilled migrants supplement the Australian labour force, not supplant it.
EMAs will result in overwhelming numbers of overseas workers’
This is untrue. Let’s put the numbers in perspective here—the minister has approved up to 1715 overseas workers for the Roy Hill Project. Comparatively, there were around  91 000 subclass 457 visa holders in Australia at 30 June 2012. Overseas workers under this EMA, therefore, represent less than 2 per cent of the overall 457 program.
Further information on EMAs can be found here.
The EMA submission guidelines are located here. 


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Be invested— benefitting Australia through investment migration


Be invested— benefitting Australia through investment migration

Significant Investor visas are a niche category of Australia’s skilled migration programme.
They make substantial contributions to Australia’s economy, with more than AUD 2 billion injected into Australia’s economy since their inception in November 2012.
In order to be eligible for the Significant Investor visa, applicants must invest AUD 5 million into approved investments in Australia. Visa holders must then maintain their investment for at least four years in order to be eligible for permanent residency.
Exciting changes to the programme will see the creation of the Premium Investor visa on 1 July 2015. This visa will allow applicants who invest AUD 15 million in approved investments to be eligible for permanent residency after 12 months. These changes are good news for investment in Australia, and will also enhance the attractiveness of the programme for potential applicants.
To ensure investors’ dollars work hard for Australia, Austrade will now assume policy responsibility for approving the investments that qualify for the programme.
Significant Investor visa nominations will continue to be made by states and territory governments. Austrade will also be able to nominate applicants for this visa type, as well as be the only nominating agency for the Premium Investor visa.
Learn more about investment migration to Australia.
Keep following our blog for news on upcoming changes to Australia’s Business Innovation and Investment programme.

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New Work and Holiday visa arrangement signed by Australia and Israel

New Work and Holiday visa arrangement signed by Australia and Israel

Posted on by Azhar

Australia and Israel signed a reciprocal Work and Holiday visa (subclass 462) arrangement on 22 October 2014.
Soon young adults, aged 18–30 years, from Australia and Israel will be able to experience a once in a lifetime opportunity to play, work and study in each other’s country for up to 12 months. There will be 500 places on offer for each country per programme year.
Our website has detailed information about the Work and Holiday visaeligibility criteria.
and its
Once a start date has been determined for this visa programme, eligible young adults from both countries will be able to apply for this visa. This process can take some time, however, we will announce the start date on our website and social media channels.
Interested in a working holiday in another country?arrangements overseas on our website.
Find out more about other working holiday

Are you working at your nominated place of employment?

Are you working at your nominated place of employment?


This post is part of a series of fictional scenarios designed to help temporary skilled workers holding 457 visas and their sponsors to better understand their responsibilities and obligations. It is also designed to assist you in avoiding visa scams and fraudulent activity. The department takes allegations of fraud very seriously. There are significant penalties if you are caught engaging in fraudulent activity.
Working for your nominated sponsor240 x 320 - Construction
  • You must work for your nominated sponsor, in the position for which you were nominated. If this is not occurring you may have your visa cancelled.
  • If you are a sc457 visa holder you must not work for an employer or business other than your sponsor.
  • Sponsors found to have sponsored someone who does not work at their company will face severe penalties and fines.
  • If you wish to change your employer your new employer must sponsor you and lodge a new nomination.
If you know or suspect that someone is not working in the job or company that they are meant to please contact the department through the  Stallion Immigration.
Please note: names of people and businesses in this story are fictional for the purposes of this case study.
­­­­Abdul wanted to come and live in Australia. He dreamt of becoming a permanent resident and eventually an Australian citizen. Abdul believed his best option to become an Australian would be to enter through the skilled migration pathway. The problem was that Abdul could not find a sponsor willing to sponsor him.
Abdul sought the advice of a family member who informed him that he knew a man called Wasim who would be willing to sponsor him. Wasim operated a large import-export company.
Abdul contacted Wasim and asked him if he could sponsor him. Wasim informed Abdul that he did not have any jobs available in his company and could not afford to pay his wage to employ him. However, Wasim told Abdul that he would sponsor him for $20,000 upfront. Abdul would also need to pay money to Wasim each month. This would then be paid back to Abdul to make it appear that the import-export company was paying Abdul a salary. Abdul wanted to live in Australia, so he agreed to this.
Abdul paid the upfront money to Wasim who then sponsored him to work in Australia with his import-export company. Abdul was excited when he received a visa to live and work in Australia. As Wasim had no job for Abdul, Abdul did not work at Wasim’s company. Instead he found work as a taxi driver.
This arrangement continued for a number of months until the department performed a
routine monitoring check on Wasim’s company. They asked to talk to Abdul, who was not at the business. Departmental officials questioned other employees and discovered that Abdul had never worked at the company, but rather had an arrangement with Wasim.
Several days later, the department contacted Abdul about these allegations. Abdul claimed that the reason that he was not at work on the day of the department’s visit was due to illness. He denied that he was working as a taxi driver. The investigators further questioned Abdul about his role in the business and his co-workers. Because Abdul had never worked with the import-export company he was unable to answer these questions. Abdul and Wasim were found to have provided false and misleading information to the department.
Depatment
Abdul’s visa was cancelled and he may not be able to return to Australia for at least three years. In addition he was unable to recover his $20,000. Wasim received a substantial fine and was prevented from sponsoring any new employees.
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Thursday, 23 October 2014

What to expect from a registered migration agent

What to expect from a registered migration agent


If you choose to use a migration agent to help with your visa application, it’s important to check they are registered with the Office of the Migration Agents Registration Authority (the Authority). It’s against the law for anyone who is not registered to advise about eligibility for a visa or provide assistance beyond clerical help with a visa or citizenship application.
Registered migration agents are skilled professionals with up-to-date knowledge of Australian migration law, and are bound by the professional standards set out in the migration agents’ Code of Conduct.  This provides you with a level of protection. On the other hand, an unregistered agent may not have current knowledge about the law and ignore any form of consumer protection.
So what can you expect when using a registered migration agent?  Firstly, your agent must be realistic with you about your chances of getting a visa – they shouldn’t give you false hope and can never guarantee you a visa. You should discuss with your agent what your chances of success are and your agent should provide you with an agreement of services and fees before they start work or take any money from you. The agreement should give you a breakdown of the costs involved in preparing and submitting your visa application, including the agent’s professional fees and any visa application charges.
One of the benefits of using a registered migration agent is that they must charge you reasonable fees for their services.  You can see the average range of fees charged by registered migration agents here . Your agent must also keep you informed about the progress of your visa application and must let you know in writing about the outcome as soon as possible.
At the end of the process, or after completing a large block of work, the agent must give you an invoice for the work they have completed.  It’s important to know that agent fees can vary and may depend on the type of visa you need,
the amount of time it will take to prepare your application, or if you need extra help or have complex circumstances. For example, your agent might charge more if you have dependents on your application (such as children). Some agents who are very experienced and highly qualified may charge a higher fee.
If your agent’s fees seem too high, discuss this with them before signing a contract. You should consider talking to a few agents about their services and fees before you choose one and sign a written contract with them.
If you have any issues with your registered migration agent, you should try to resolve them first by talking to your agent.  If this doesn’t work, the Authority may be able to help you.   Remember, if you get migration advice from someone who is not a registered migration agent,



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Visa or citizenship related payments in Australia have become simpler and quicker


Visa or citizenship related payments in Australia have become simpler and quicker


The department is no longer accepting cash payments at its counters for visa or citizenship related fees and charges.  This does not impact the methods of payment available at Australian embassies
or high commissions and visa applications centres outside Australia.
The cashless office initiative aims to make payments at government shop-fronts simpler and quicker.
How can I pay?
Accepted methods of payments are:
  • credit card
  • debit / credit card
  • EFTPOS
  • prepaid credit card
  • bank cheques
  • money order
Additional Fees
We have also introduced a surcharge on all credit card payments for visa application charges from 19 April 2014 to recover credit card merchant fees.
The surcharge will not apply to BPAY or EFTPOS payments. The surcharge will apply to all applicants, whether they are applying for their visa in or outside Australia.


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What to expect from a registered migration agent

What to expect from a registered migration agent


If you choose to use a migration agent to help with your visa application,
it’s important to check they are registered with the Office of the Migration Agents Registration Authority (the Authority). It’s against the law for anyone who is not registered to advise about eligibility for a visa or provide assistance beyond clerical help with a visa or citizenship application.
Registered migration agents are skilled professionals with up-to-date knowledge of Australian migration law, and are bound by the professional standards set out in the migration agents’ Code of Conduct.  This provides you with a level of protection. On the other hand, an unregistered agent may not have current knowledge about the law and ignore any form of consumer protection.
So what can you expect when using a registered migration agent?  Firstly, your agent must be realistic with you about your chances of getting a visa – they shouldn’t give you false hope and can never guarantee you a visa.
You should discuss with your agent what your chances of success are and your agent should provide you with an agreement of services and fees before they start work or take any money from you. The agreement should give you a breakdown of the costs involved in preparing and submitting your visa application, including the agent’s professional fees and any visa application charges.
One of the benefits of using a registered migration agent is that they must charge you reasonable fees for their services.  You can see the average range of fees charged by registered migration agents here . Your agent must also keep you informed about the progress of your visa application and must let you know in writing about the outcome as soon as possible.
At the end of the process, or after completing a large block of work, the agent must give you an invoice for the work they have completed.  It’s important to know that agent fees can vary and may depend on the type of visa you need, the amount of time it will take to prepare your application, or if you need extra help or have complex circumstances. For example, your agent might charge more if you have dependents on your application (such as children). Some agents who are very experienced and highly qualified may charge a higher fee.
If your agent’s fees seem too high, discuss this with them before signing a contract. You should consider talking to a few agents about their services and fees before you choose one and sign a written contract with them.
If you have any issues with your registered migration agent, you should try to resolve them first by talking to your agent.  If this doesn’t work, the Authority may be able to help you. Remember, if you get migration advice from someone who is not a registered migration agent, the Authority cannot assist you if there’s a problem.


For further information please Visit our website or Visit our facebook page.