又到一年毕业季，同学们在庆祝毕业的同时，也开始准备485毕业工作签证.

什么是毕业工作签证（485签证）？

485签证是一种短期工作签证，提供给那些在澳洲完成两年学业但未能达到移民分数要求的毕业生。持有485签证后，学生可以自由出入澳洲并且在澳洲找工作、学习、旅游、或者完成职业年（professional year）以及让想移民澳洲的毕业生有足够的时间来准备并且满足移民分数。

当大家还在想着如何通过技术签证移民凑分数时，一部分朋友已经开始转战投资移民签证啦。投资移民签证在大多数人的固有印象里，可望而不可以及。 即使有能力，也觉得是很麻烦的事， 其实不然。 今天小编要介绍的投资移民签证188Ａ，相信给想移民澳洲的你又重新燃起了希望，188A对申请人的所持有资金不高， 而且投资额度也不高，适合国内中小型企业户主。

澳洲188A投资移民签证，即“澳大利亚商业创新与投资”签证，是目前广受中国投资者青睐的热门移民项目之一。申请人获批之后，要求在澳洲当地参与日常管理两年生意，两年过后，满足相关条件即可转为888商业创新和投资永久居留身份，也就是绿卡.

(Article updated 04 November 2021)

In 2018, the Australian Government passed the Migration Amendment (Family Violence and Other Measures) Act 2018. This new legislation changes the way partner visas are processed and may significantly prolong the processing times for Partner Visas in Australia. Although the Department has not yet confirmed a start date, the 13th of November 2021 has been suggested and looks like a likely time for the changes to be implemented.  So what does this all mean for you and what should you do about it?

那么澳大利亚投资移民188B签证适合哪些人呢？说白了，188B作为投资移民，自然是适合具有优秀的投资经验的申请人；怎样证明你有投资经验？以及怎样证明你的投资经验是成功的？比如说：通过投资活动，你的资产增长了；而不同的投资产品，就需要提供不同的资料了。188B的申请和188A一样，需要达到EOI（Expression of Interest）打分表至少65分，才可以提交申请。打分项：

对于打分项，跳过年龄（申请人不得超过55岁）、学历、英语等这些既定的标准。我们主要来看看净资产和投资经验这两项。

净资产

过去2个财年，夫妻名下家庭净资产不少于225万澳币；同时，净资产的评估，需要符合移民局规定的时点，因为市场是变化的，资产的价值会随着市场条件的变化而不断改变。

Wendy友情提醒

审计资产的机构：不太建议找国内的，就近找香港的或澳洲当地的审计师都行，虽然移民局不会对此没有强制要求，但是可能会收到你的材料后，要求你换个其他的审计师重新审计。因此，为了保险起见，最好不要浪费这个时间；Wendy有几个合作过的审计公司，客户好评率极高，可以推荐给你们哦！

投资经验

移民局评估申请人是否符合188B投资者类移民的最重要标准，就是看申请人的投资经验，那除了提供标准的证明材料之外，该怎么向移民局说明你的投资经验呢？

写一个《个人经历及资金来源说明》，说明你的投资心路历程，用实际经历丰满你的投资经验；如果把事实性的资料看做骨，那么这份说明就是肉体，它可以让你的申请材料更真实漂亮。

188B的难点

对于188B的申请来说，难点就是向移民局证明：你为什么是一个成功的投资者。

首先，如何定义成功，有四个方面的考虑因素：

• 投资经验：要有至少3年以上的投资经验，并作出符合移民局要求的审计报告；
• 投资额：近5个财年中，至少其中1个财年拥有150万澳币的投资市值，财年从每年的1月1日-12月31日；
• 投资盈利：投资生涯中（最好是近5年），累计的盈利达到150万澳币；
• 投资内容：最好是组合式的投资，因为单一的投资很难直接判断出的你的投资能力，特别在中国房产这样的大环境下，投资房产基本都会有收益；但如果你只对投资房产感兴趣，除了自住房之外，最好还包含商铺之类的房产，保证多样性；

如果你有3套或以上的房产投资，并用于出租；有一定的股票投资经历，那么有可能下个成功188B的申请人就是你啦！赶快找Wendy咨询吧！

扫一扫，加Wendy的微信咯~

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

457 visa occupation list to be cut – surge in 457 visa applications likely in short term  

The Minister has said the 457 visa occupations list will be ‘condensed’ - which means cut or reduced.

The Minister for Immigration Peter Dutton has been reported to have said on Sunday 20 November when speaking to Sky News:

"We are having a look at it right now and I think it will be condensed," (Herald Sun, 19 November 2016)

In the interview, Minister Dutton  acknowledges that there are shortages in regional areas for occupations which do not have such shortgages in larger cities.  He states:

"So it is a different picture across the country and we need to respond accordingly. That is the nuance that we try and provide for, but I think the list at the moment is expansive and I think we will condense it and that work has already been under way for sometime and we will have a look at that very soon." (Herald Sun, 19 November 2016)

This comment follows on from comments last week which included a press release about the changing of condition 8107 to allow less time for 457 holders who lose their job.  In the press release on the 16 November 2016, Minister Peter Dutton’s office states the following:

“The Subclass 457 programme was not effectively managed by Labor, as with so many other areas of government

“Labor’s mismanagement saw the Subclass 457 program grow from around 68,000 primary visa holders at the end of June 2010 to more than 110,000 when they were removed from office. 

In comparison, under the Coalition the number of 457 visa holders in Australia has fallen by around 13,000, while over the same period almost half a million new jobs have been created for Australian workers”

With the Minister making such strong statements on the 457, you can be confident that change is on the way.

How will the condensing of the list take place?

The current system is that all occupations on the Consolidated Skilled Occupation List ( the CSOL) are available for 457 visa applications.

The CSOL is also the reference point for General Skilled Migration visas including the 190  and 489 visa.

It may be that the Minister will specify a new list under Regulation 2.72(10)(aa), which will be narrower than the current CSOL list.  This could effectively create a list that is narrower than the CSOL and is just for the 457 visa.

Lodging 457 visas before the list is cut may be something to consider for some businesses

When the list is cut, then it will be impossible to lodge visas for occupations that have been removed.  At the moment we do not know what occupation will be removed.   But it may be that businesses choose to lodge their 457 visas soon, to avoid missing out on being able to.  

In situations where there have been similar changes to criteria, such as raising the English standards for the RSMS 187, there was a very large surge in applications.  

457 visas in the news this week includes:

There seems to have been more press about 457 in the last week than there was in the last six months.

Several politicians have made statements about the need to cut 457s:

http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx

http://www.heraldsun.com.au/business/work/crackdown-on-457-visas-to-benefit-australian-jobseekers/news-story/271e8f7a7263ee54d966e6bea47f6d49

http://www.abc.net.au/news/2016-11-15/george-christensen-demands-457-visas-rethink-for-his-electorate/8026934

https://www.theguardian.com/australia-news/2016/nov/15/bill-shorten-vows-labor-will-crack-down-on-457-visa-program?CMP=share_btn_tw

Commentary on the 457 visa has included:

http://www.couriermail.com.au/news/opinion/opinion-playing-to-fears-over-457-visas-bad-in-any-language/news-story/17d0258adc3cf1a725737ab891ff170b

http://www.smh.com.au/federal-politics/federal-election-2016-opinion/pressuring-foreign-workers-the-wrong-way-to-reform-457-visas-peter-mares-20161117-gsrpy6.html

Time of Writing:

This information is accurate on the 19 November 2016.

Sources:

457 occupation list to be 'condensed', says Immigration Minister Peter Dutton, Amy Remeikis, 20 November 2016

http://www.smh.com.au/federal-politics/political-news/457-occupation-list-to-be-condensed-says-immigration-minister-peter-dutton-20161120-gst9wg.html

Upcoming change to the subclass 457 visa, Wednesday, 16 November 2016

http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx

Fact check: Are there 'over a million 457s' in Australia?http://www.abc.net.au/news/2016-06-02/fact-check-are-there-over-a-million-457s-out-there/7463706

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

Changes to Australian 457 Visa condition 8107  – four problems 8107 causes and how a solution could be found

What is the change to condition 8107 applying to 457 visa holders?

The Government has made change to the Migration Regulations by amending condition 8107 to provide that a 457 visa holder can only cease employment with an approved sponsor for 60 days.  The relevant section used to provide that the holder could cease employment for 90 days. The change to condition 8107 applies from 19 November 2016.

The regulation now provides:

“8107 3(b)  if the holder ceases empl​oyment — the period during which the holder ceases employment must not exceed 60 consecutive days”

The effect of this change is that if a 457 visa holder loses their job, they now only have two months to find a new employer and get a nomination approved to work for that employer.

How does the change effect 457 Visa holders?

When a family unit makes the brave decision to move to Australia in pursuit of work opportunities it is often a category 457 visa that is granted to them by the DIBP. For example, a 457 visa may be issued to provide entry for two parents and two school aged children under strict conditions. Typically these families have gone to considerable expense to fulfil the required medicals , move to Australia and begin the resettlement process with new home and schools etc.
The ever-present risk for those who arrive under a 457 visa is that the work that they have come to do may not stay available.  For example the primary visa holder may lose his or her job at short notice. The government will be applying a change to condition 8107 from 19th 2016 by reducing the amount of time that a Visa holder has to secure a business sponsor from 90 days to 60 days.

Problems caused by Condition 8107 for 457 visa holders

When a job has been lost, there are four main problems with condition 8107 in terms on how it impacts on the 457 holders. 

The first problem is that condition 8107 does not allow the primary visa holder to work for anyone other than the company that made him or her redundant. Therefore, even if the visa holder is fortunate enough to find another employer willing to be a sponsor, they cannot start working for this new sponsor until DIBP has processed the application which can take several months. This places great financial pressures on 457 Visa holders and increases the risk of holders taking up unlawful employment to make ends meet.

DIBP currently takes several months to process any stage of the 457 process.  It is commonly taking more than 90 days to get a decision from the time of lodgement, compounding the financial implications for the Visa holder. The DIBP is taking 40 working days, which is 54 calendar days, just to allocate a case officer.  The primary 457 holder cannot start employment for the new employer until the sponsorship application is approved.  This application process is likely to go a long way beyond the 60 days, and even if DIBP does not cancel their visas for ceasing to work beyond 60 days, they face an extended period without income.

Thirdly, a 90 day window to find a new employer (offering an identical position) and lodge requisite paperwork was already a difficult challenge. The 457 visa holders are often professionals with specialised skills.  For example, for a Biochemist 457 holder, finding another Biochemist role in 60 days is a difficult task. A 60 day window is unreasonable for both prospective employer and visa holder.

The fourth problem with reducing the time to cease work from 90 to 60 days, relates to exposing visa holders to exploitation by employers.  This current initiative will actually increase the power of employers and make 457 visa holders more vulnerable to threats.  457 holders will know that the possibility of finding a new sponsor in 60 days and getting then nomination approved is low. So 457 holders may be forced to stay with the current employer even if they are not being paid correctly or are subject to other forms of exploitation.

An alternative approach to condition 8107 – let them work if they lose their job until the visa cancellation

A more compassionate approach from the Department of immigration would have been to give 457 Visa holders who have lost their jobs, the right to work for other employees during that period so that they can financially support themselves. This would also enable them to do work trials and find another employer more effectively.

An exception could be inserted into condition 8107, lets call it 8107 part (5), which currently does not exist.  The exception could allow for the circumstances where employment is terminated, to give them the ability to work and support their families and also to facilitate finding a new sponsor.  The new exception to 8107, which we could call it 8107 part (5) could provide along the following lines:

“If employment is terminated by the employer in relation to which the visa was granted, then the work restrictions of condition 8107 no longer apply.  The employee can work in any position without restrictions.  If an application is lodged for another sponsor, and processing extends beyond 60 days, the ability to work will continue up until such time that a decision is made regarding the new business sponsor. The work restrictions of 8107 will no longer apply, up until the time that the visa is cancelled.”

This is not such a radical suggestion. There are approximately two hundred thousand of working holiday makers visas granted each year, who can do any type of work.  The number of 417 visas granted in the year 2014 to 2015, was 214,830. There are also students visa holders that can do any type of work, capped at 40 hours per fortnight.  The number of 457 holders including family member in the quarter ending March 2016 was 177,390. The number of 457 visa holders, that had lost their job would be very small, probably less than 5,000 at any time.

The current changes to condition 8107 could be described as kicking people when they are down.  Rather than supporting vulnerable workers and their families, the changes deny them any income and then force them to leave ASAP.  Whilst there appears to be empathy for student visa holders when exploited by employers there is little empathy or compassion for 457 skilled workers and their families when they lose their jobs.

If the 457 holder cannot find another employer then they will ultimately have to leave Australia when their visa is cancelled. The process, as proposed by this change, does not have to be so mean and humiliating.

Time of Writing:

This information is accurate on the 19 November 2016.

Sources:

Working Holiday Makers in Australia: a quick guide 22 June 2016 http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1516/Quick_Guides/WorkingHoliday

Fact check: Are there 'over a million 457s' in Australia?http://www.abc.net.au/news/2016-06-02/fact-check-are-there-over-a-million-457s-out-there/7463706

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

The 12th Korean Culture and Food Festival brings to you a day of great food, fascinating culture and a pleasant time among the Korean community in Adelaide.

Details of the festival are as follows:

Date: Saturday 12 November 2016
Venue: Light Square (corner of Currie Street and Morphett Street)
Time: 10 a.m. to 4 p.m.

In continuing its support for the various communities in South Australia Work Visa Lawyers will be in attendance and you will be able to meet Principal Migration Agent and Lawyer, Chris Johnston and Senior Migration Agent Christine Lee at one of the booths set up at the festival. Come have a chat with us or speak to us for free* about an Australian visa query or question you may have.

Further details about the festival below:

We look forward to seeing you there!

*Complimentary 10 minutes consultation.

Effective from 19 November 2016, subclass 462 Work and Holiday visa holders will be eligible to apply for a second Work and Holiday visa if they have worked for at least 88 days or 3 months in the specified work.  This specified work usually includes work in agriculture, forestry, fisheries, in regional areas. We do not have the details on what will constitute specified work for the 462 and will do further post on this when it becomes available. 

The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:

• Argentina
• Bangladesh
• Chile
• China, People's Republic of
• Indonesia
• Israel
• Malaysia
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• Thailand
• Turkey
• USA
• Uruguay

Please be aware that the subclass 462 (Work and Holiday) visa is different from the subclass 417 Working Holiday visa. With the changes introduced the subclass 462 (Work and Holiday) visa will be on par with the subclass 417 Working Holiday visa which allows for visa holders to apply for a second visa to extend their stay in Australia.

The move will also be a boost to regional Australia tourism and employers who find it difficult to find help in the bush or the outback.

Sources:

https://www.legislation.gov.au/Details/F2016L01696/Explanatory%20Statement/Text

https://www.border.gov.au/Trav/Visa-1/462-

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The change announced is a positive development for the subclass 462 (Work and Holiday) visa, which has been in the shadows of the Working Holiday subclass 417 visa for a long time. The fact that this visa class is limited in numbers to the eligible countries makes this legislative change even more valuable to holders fortunate enough to obtain the visa.

While it is good to see the Department of Immigration and Border Protection (DIBP) introduce changes to assist with the seasonal workforce requirements for northern Australia, it could be more beneficial if the criteria for a second Work and Holiday visa be extended to work done in other parts of Australia as well.

Another possible change that is in discussion at the moment is the increase of the upper age limit for both the subclass 462 (Work and Holiday) visa and the Working Holiday subclass 417 visa from 30 to 35 years of age. Work Visa Lawyers will publish the updates as they become available. Follow us on Facebook or Twitter to get the latest news updates!

This information is accurate on 3 November 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Government Targets Vulnerable 457 visa holders. Condition 8107 changed by slashing time 457 holders have to find a new employer from 90 to 60 days!

Change to Condition 8107 on 457 Visa:

The Government has changes Migration Regulations by amending condition 8107 to provide that a 457 visa holder can only cease employment with an approved sponsor for 60 days.  The relevant section used to provide that the holder could cease employment for 90 days.

The regulation now provides:

“8107 3(b)  if the holder ceases empl​oyment — the period during which the holder ceases employment must not exceed 60 consecutive days”

The effect of this change is that if a 457 visa holder loses their job, then now only have two months for find a new employer and get a nomination approved to work for that employer.

Processing time for a decision upon a 457 Nomination

Processing standards quoted by DIBP are currently 40 working days until allocation to a case officer, which if you also count the weekends, is about 56 calendar days until first allocation.  

But part of the DIBP integrity push is that they almost always ask for evidence of genuine position for a nomination, which will then start the request further information (RFI) - a cycle which usually takes 28 days at a minimum.

So with one request, the timing to a decision on a nomination is 56 plus 28 = 84 days for a nomination decision with one request.

Sources:

1. Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016, https://www.legislation.gov.au/Details/F2016L01696

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

This policy will make it practically impossible for most 457 visa holders to find a new position and to stay in Australia if they lose their job.

The timing was already very difficult when only three months (90 days) were allowed.

One of the big problems facing the 457 holder is the time that it takes for DIBP to make a decision on a 457 nomination.  

So even if you find a new employer on the day you lose your 457 job, you will most likely not be able to get the nomination approved in 60 days.  So the 457 holder will be exposed to having their visa cancelled.

There have been a number of policy changes to try and increase the integrity of the 457 program.  Many of these policy changes have been targeting potential abuses by employers. For example the no payment for migration outcome regulations.

This current initiative will actually increase the power of employers and make 457 visa holders more vulnerable to threats.  457 holders will know that the possibility of finding a new sponsor in 60 days and getting then nomination approved is low. So 457 holders may be forced to stay with the current employer.

This information is accurate on 02 November 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The state of New South Wales (NSW) has announced its state nomination criteria for the Entrepreneur visa. This makes NSW the first state or territory to start accepting applications for nomination under the Entrepreneur visa. No other Australian state or territory has published their criteria as yet.

The NSW criteria is summarised as below:

- You will need to meet the eligibility criteria as outlined by the Department of Immigration and Border Protection

- You must submit a business plan detailing your entrepreneurial venture

- The NSW State Department must approve your business plan and be satisfied that the outlined venture will develop an enterprise or business in NSW, or commercialise a product or service in NSW

- You must have sufficient assets for settlement in NSW

You should also read up on the additional explanation provided by the NSW State Department about the complying entrepreneurial activity and acceptable funding here.

As described by the NSW State Department:

“NSW Entrepreneur visa nomination criteria continue to demonstrate our commitment to make Sydney and NSW a competitive business migration destination by making it simple and easy for potential Entrepreneur visa applicants.”

“As Australia’s capital of innovation, NSW is committed to making it easier for talented entrepreneurs to migrate and settle in Sydney and NSW.”

If you need further clarification about the NSW state nomination criteria for the Entrepreneur Visa you can arrange a meeting with the multilingual Business Migration Relationship Officers in the NSW State Department. You will be able to contact them by:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Call: +61 (2) 9934 0704 (9:00 am – 5:00 pm AEDT Monday to Friday).

Alternatively contact Work Visa Lawyers to assess which business or investment visa option is more appropriate for your circumstances. Our Registered Migration Agents are familiar with all business and investment migration visa options, and will be able to explain the visa requirements and application procedures to you.

Sources:

http://www.industry.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/business-migration/state-nominated-visa-categories#1

http://www.industry.nsw.gov.au/__data/assets/pdf_file/0004/92479/entrepreneur-visa-criteria.pdf

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

New South Wales has acted swiftly to attract more investment into the state. As the number one business and investment migration destination in Australia, the quick action to establish and announce the nomination criteria will further attract entrepreneurs to set up in New South Wales.

The criteria announced are very generous and do not add more difficulty above the Department of Immigration and Border Protection (DIBP) requirement. The big benefit may be those who assist with writing business plans as a strong business plan is essential for a NSW nomination approval.

The remaining Australian states and territories need to launch their nomination process as soon as possible before the majority of eligible entrepreneurs head to New South Wales under the Entrepreneur visa. Otherwise they might have to introduce a looser requirement to attract entrepreneurs at a later stage.

This information is accurate on 28 October 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.