Australian Law News

Hope for Australian Immigration and Multiculturalism: What to Expect from New Immigration Minister David Coleman

The Re-Shuffle & Announcing David Coleman As New Immigration Minister

Prior to the recent spill, Dutton was the Home Affairs Minister as well as the Minister for Immigration and Border Protection. This left Dutton responsible for an extremely large portfolio which included immigration, citizenship, and Australia’s security and intelligence agencies. While Dutton will keep control of the Australian Border Force, the Morrison government has taken a new approach by appointing David Coleman as the Minister for Immigration, Citizenship and Multicultural Affairs.


“David has a keen understanding of the many different backgrounds and the many different issues that need to be managed to ensure that Australians who have come from so many backgrounds get that fair go I spoke of,” (abc) Morrison said when he announced his new team.

This seems like an enormous step in the right direction for the immigration sector as Coleman celebrates diversity and understands the pain of exclusion. Australia has made its “national foundations stronger by allowing more people to build upon them,” (InsideStory) Coleman noted in his inaugural speech to parliament.

What to Expect from the New Minister of Immigration

When anticipating what’s to come it is important to remember that Scott Morrison, having been the treasurer, has previously made comment on the valuable contribution that immigration mikes to the budget. Therefore, there is some hope that the new direction for the immigration portfolio may include revisiting the planning level of 190,000 permanent migrants for the 2019 year. In the 2018 migration year the number of grants was below the planning level at 162,000.

Furthermore, immigration finally has its own dedicated Minister. It is hopeful that the separation of immigration from the Home Affairs Minister may help the long processing times visa applicants are currently seeing. Read more about the current long processing times and low approvals here.

“We need a strong focus on our immigration program so it brings the skills and the harmony and the unity that we want from the program.” (InsideStory) – Scott Morrison on removing immigration from direct responsibility of the home affairs portfolio.

Much is still to be revealed in terms of the direction that the new minister for immigration, my take, there are some significant changes which can already be observed. The first is that the word multiculturalism has made a welcome return to the portfolio. The term multiculturalism has been very useful in promoting tolerance of different cultures and has been embraced by much of the Australian community. It is more welcoming and softer then the combination of home affairs and border protection which have been the main terms used in association with immigration recently.

The second terminology change is that the word immigration has re-emerged as a usable term. Up until recently we were in the awkward position where it was Home Affairs which was in charge of immigration and the word immigration was not anywhere to be found. This lead to mass confusion amongst clients and was generally unnerving giving the feeling that the term immigration is too politically difficult to actually use.

New Regional Visa in Review

According to an article from 29 August in The Australian, a proposed 5-year reginal visa currently in review. The new visa aims to encourage migrants to settle in regional Australia. In fact, the benchmark of the new visa is the requirement that migrants will locate in reginal or capital cities other than Melbourne or Sydney. In the past financial year out of the 112,000 skilled migrants who arrived, 87 per cent had settled permanently in Sydney or Melbourne.

“If the population was distributed more evenly, there would not be the congestion pressures that we have today in Melbourne and Sydney,” (TheAustralian) Mr Tudge told a forum in Melbourne.

This new reginal visa seems to be a healthy alternative to former Prime Minister Tony Abbott’s call for migration intake to be cut to 80,000 a year until infrastructure caught up.

It is believed the new visa class would apply to certain categories of new arrivals under the skilled and family migration program but in some cases could also apply to refugees.

Summary

Prime Minister Scott Morrison re-shuffles cabinet, and removes immigration and citizenship from the Home Affairs portfolio. Morrison hopes this will allow immigration to get the focus the program needs.

Morrisons new direction may help processing times and could include the revisiting of the planning level of 190,000 permanent migrants for the 2019 year. Also, it is hopeful that the inclusion of the words immigration and multiculturalism in the ministerial title will be a sign that there is a more friendly and less militaristic and punitive approach to immigration.

Lastly, there is a new reginal visa that has been proposed and is currently being reviewed. The new visa would allow new arrivals under the skilled and family migration program to come to Australia for 5 years on the basis they do not locate in Melbourne or Sydney.

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.

We not own the rights to the picture above and no copyright infringement is intended.

Sources:

http://www.abc.net.au/news/2018-08-26/scott-morrison-announces-new-cabinet-after-julie-bishop-quits/10166300

https://www.smh.com.au/politics/federal/turnbull-to-quit-parliament-as-liberals-race-to-replace-former-prime-minister-20180827-p50047.html

https://www.sbs.com.au/news/peter-dutton-to-retain-border-force-when-immigration-handed-to-new-minister

https://www.sbs.com.au/news/scott-morrison-will-be-the-next-australian-prime-minister

https://www.governmentnews.com.au/pm-changes-incredibly-disruptive-to-progress/

https://www.theguardian.com/australia-news/2018/aug/26/cabinet-reshuffle-full-list-of-scott-morrisons-new-ministry

https://insidestory.org.au/where-to-now-for-immigration-policy/

https://insidestory.org.au/who-is-david-coleman/

https://www.theaustralian.com.au/national-affairs/cities-fix-pms-plan-to-send-migrants-to-regions-for-five-years/news-story/c8573e68a1438295818d5aab9de5471b

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Prime Minister Malcolm Turnbull Keeps Liberal Party Leadership After Peter Duttons Unsuccessful Challenge Backfires – Dutton Resigns as Minister for Home Affairs & The Minister for Immigration and Border Protection

Prime Minister Malcolm Turnbulls victory leads to the resignation of Peter Dutton.

In a Liberal party room meeting, Peter Dutton challenged Malcolm Turnbull for the Liberal party leadership, losing 48-35 after the prime minister called a spill. Peter Dutton has resigned from his Cabinet position, and will now sit on the backbench.


"He said to me he doesn't feel he can remain in the Cabinet having challenged me for the leadership of the party, and so he is resigning." – Mr. Turnbull on Mr. Duttons resignation.

Treasurer Scott Morrison will serve as interim Home Affairs Minister “pending other arrangements,” Mr. Turnbull announced. Julie Bishop was also appointed the deputy position after running unopposed.

The narrow victory has left plenty of room for ongoing discussion concerning the possibility of Mr. Dutton of challenging Mr. Turnbull for Prime Minister. This morning’s vote confirms that Mr. Dutton has a significant conservative backing to replace Mr. Turnbull as PM.

We have been urged to expect more resignations, possibly form other frontbenchers, adding to the current but temporary sense of chaos within the government.

What Does This Mean for Australia’s Migrants

Prior to his resignation today, Peter Dutton was the Minister for Home Affairs and The Minister for Immigration and Border Protection. Mr. Dutton has been responsible for a number of changes within Australian migration since being sworn in December 2017, including the tougher vetting procedures we have seen. Click here read more about Mr. Duttons migration impact.

Responsibilities for the position of Minister for Home Affairs and The Minister for Immigration and Border Protection are not limited to but include:

  • Overall strategic management of the portfolio, its agencies and budget
  • Counter terrorism and organized crime strategy
  • Counter espionage and foreign interference
  • Migration and refugee/humanitarian programme settings
  • Portfolio intelligence arrangements (Including visa risk assessment system)
  • Visa cancellations for very serious offenders, national security, and exceptional cases

After winning the vote, Mr. Turnbull resigned as leader at the start of the meeting to prompt a vote to test the support of his opponent. Scott Morrison has been selected to act as interim Minister for Home Affairs and The Minister for Immigration and Border Protection in Mr. Duttons absence.

Mr. Morrison has held the role of Minister for Immigration and Border Protection having previously been appointed in 2013, where he was responsible for implementing Operation Sovereign Boarders.

Keep in mind that this may also lead to more responsibility for Alex Hawke and Alan Tudge. Mr. Hawke has served as the Assistant Minister of Home Affairs since December 2017. Mr. Tudge is the Minister for Citizenship and Multicultural Affairs and has been one of the more active members within the migration sector.

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.

Sources

We do not own the rights to the picture above.

https://www.homeaffairs.gov.au/about/corporate/ministers

https://minister.homeaffairs.gov.au/peterdutton/pages/welcome.aspx

http://www.abc.net.au/news/2018-08-21/politics-live-malcolm-turnbull-sees-off-peter-dutton-challenge/10146280

https://www.westernadvocate.com.au/story/5597429/malcolm-turnbull-wins-ballot-in-leadership-spill-julie-bishop-to-retain-deputy/

https://www.theguardian.com/australia-news/2018/aug/21/malcolm-turnbull-survives-leadership-contest-peter-dutton

https://www.theguardian.com/australia-news/malcolm-turnbull

https://www.theguardian.com/australia-news/live/2018/aug/21/liberal-leadership-dutton-turnbull-energy

http://www.abc.net.au/news/2018-08-21/malcolm-turnbull-survives-leadership-challenge-from-peter-dutton/10146574

https://www.news.com.au/national/politics/who-are-the-35-people-who-turned-on-malcolm-turnbull-and-voted-for-peter-dutton/news-story/c9b94f7f10d46e8b955b157668f0650c

https://www.workvisalawyers.com.au/news/all/20-000-less-skilled-rsms-and-partner-visas-granted-due-to-new-integrity-measures-from-australian-immigration-department.html

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Australian SkillSelect Invitation Round Results July 2018: More Struggles and Stress for Accountants, Engineers, and ICT Occupations

Australian SkillSelect Invitation Round Results July 2018: More Struggles and Stress for Accountants, Engineers, and ICT Occupations

Home Affairs has released the first SkillSelect round invitation results for the 2018-19 program year.

The invitation round to apply for the Skilled - Independent (subclass 189) and Skilled - Regional (Provisional) (subclass 489) was conducted on 11 July 2018. This month there were 1000 Independent 189 Visa invitations while only 10 Regional 489 Visa invitations sent. The total number of positions planned for the 2018-19 Skilled Independent Visa remains at 43,990.

Invitation rounds are anticipated to run on the 11th day of each month. Dates for the rounds are subject to change but expect the points to remain high at 70 points or higher within this program year.

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Hot News: Employers to be Burnt by High Costs of Skilling Australians Fund (SAF) Levy for the TSS Subclass 482 Visa, Subclass 457 Visa, ENS Subclass 186 Visa and Subclass RSMS 187 Visa Coming In Effect From 12 August 2018.

Hot News: Employers to be Burnt by High Costs of Skilling Australians Fund (SAF) Levy for the TSS Subclass 482 Visa, Subclass 457 Visa, ENS Subclass 186 Visa and Subclass RSMS 187 Visa Coming In Effect From 12 August 2018.

If you are looking to apply for a TSS subclass 482 visa, subclass 457 visa, ENS subclass 186 Visa or  subclass RSMS 187 visa subclass and you have all of your documents ready to lodge the application, you can avoid the Skilling Australians Fund by lodging it on or before 11 August 2018.


If you still have advertising to complete or have too much work left to do to complete the nomination application before 12 August 2018, it is likely that you will need to pay a contribution to the Skilling Australians Fund Levy.

The Skilling Australians Fund will affect any applications lodged on or after 12 August 2018.

This is going to cause significant additional charges to employers on top of the current application charges.

As we have previously written about, the Skilling Australians Fund is a levy which will be imposed on applications to nominate a foreign worker under a subclass 482, subclass 457, subclass 186 or subclass 187 visa.

 

How Much Does The New Skilling Australians Fund Levy Cost?

The size of your businesses contribution to the levy will vary based on the particular application, as well as the size of the business.

If you are a small to medium business with turnover of less than $10,000,000, your contribution will be less than for a large business with yearly turnover of $10,000,000 or more.

 

Table

 

What Exceptions Are There?

The following kinds of applications are exempted from paying the relevant contribution charge:

  • Subclass 482 visas lodged under the Labour Agreement stream
  • Subclass 186 visas lodged under the Labour Agreement stream
  • If the nomination is for the occupation of Minister of Religion (ANZSCO: 272211) or Religious Assistant (ANZSCO: 451816)

For any of the above applications, the contribution amount is cut down to $0.

 

Meeting The Training Benchmarks

Any applications lodged before 12 August 2018 will still need to continue to meet their training obligations under the current scheme. If you are currently sponsoring an employee or are planning to lodge a nomination before 12 August 2018, you will need to continue to keep clear records and spend:

  • Spend 1% of payroll on the training of your Australian employees, or
  • Contribute 2% to a industry training fund

For nominations on or after 12 August 2018, you will no longer need to meet the training benchmarks. It is important to be careful, however, if you have a blend of pre- and post-SAF nominees. If you have an employee who is looking to use the Temporary Residence Transition stream of 186/187 for a permanent application after holding a 457/482 which was nominated pre-SAF, you will need to show at the time of application that the training benchmarks have been met for all the sponsorship years.

There may be some cases of employers with a large payroll and low utilisation of the employer-sponsored migration scheme where the replacement of the Training Benchmarks with the Skilling Australians Fund Levy will bring an advantage.

 

Can The Nominee / Visa Applicant Pay The Skilling Australians Fund Levy Contribution?

No. Even if they want to, the SAF Levy Contribution has been added to the list of costs which cannot be recovered or transferred to anyone other than the nominating entity (the sponsoring business or organization).

 

Watch Out!

While a lot of the focus is on the Temporary Skills Shortage subclass 482 visa, if you are nominating an employee who already holds a subclass 457 visa and is moving to you from their previous employer, you will still need to contribute to the Skilling Australians Fund Levy.

 

What If?

There is an interesting provision in the Instrument which has provided the date for the Skilling Australians Fund to be brought in. It says that if section 3 of the Migration (Skilling Australians Fund) Charges Act 2018 does not commence (as it is always possible that things might change), then these regulations will not commence either.

If you are considering nominating an employee, it is important that you keep a very close eye on news about the Fund as the 12 August 2018 draws nearer.

 

What Will This Mean Overall?

With the increasing financial friction to nominating an employee for an employer-sponsored visa, it is likely that we will continue to see the number of applications under this stream decrease, even faster than we have previously noted.

 

Comments From Chris Johnston

I expect that the introduction of the Skilling Australians Fund on 12 August 2018 is likely to reduce even further the already restricted number of applications we are seeing for employer-sponsored visas. A lot of applications will probably not go ahead because of the Skilling Australians Fund.

While the Department have projected high expected revenue from this levy, the decrease in the number of applications is likely to strongly affect this. These estimates may be out by up to 50%-75% due to the effect of dicincentivisation not being accounted for.

 

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.

Sources:

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Video: 10 Things you need to know about the 482 visa - Work Visa Australian Immigration & Citizenship News

The new subclass 482 TSS visa has replaced the subclass 457 visa.

This is the 10 Things you need to know about the 482 visa.

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