Temporary workers on the Working Holiday visa (subclass 417) and Work and Holiday visa (subclass 462) were originally expected to start paying a 32.5% tax on all wages starting on 1 July 2016 (referred as the Backpacker Tax). Assistant Treasurer Kelly O'Dwyer has announced today that the Backpacker Tax will be delayed until 1 January 2017, pending a review to the Working Holiday (subclass 417) and Work and Holiday visas (subclass 462).

With the delay of the implementation of the Backpacker Tax, temporary workers under the subclass 417 and subclass 462 visas will continue to pay tax on money earned above A$18,200.

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

This is good news for workers and current holders of the Working Holiday and Work and Holiday visas as the tax-free threshold is maintained. The programme will continue to be attractive for overseas youth to travel to Australia while being able to work to cover travel expenses. Regional agricultural business and farmers will be delighted with the news as it might mean that there is no need to increase payments to attract workers who are required during harvest.

Links to related articles:

• http://www.bbc.com/news/world-australia-36309023
• http://www.farmweekly.com.au/news/agriculture/general/politics/backpacker-tax-reforms-set-to-be-shunned/2752421.aspx
• http://www.afr.com/news/policy/tax/time-to-go-sydney-too-expensive-with-a-backpacker-tax-20160517-gowxat
• http://www.abc.net.au/news/2016-05-17/nt-farmers-call-backpacker-tax-delay-a-stunt/7421412

If you are interested to know more about the Work and Holiday visa programme, you can contact Work Visa Lawyers to find out more.

This information is accurate on 17 May 2016

Source:

1. http://www.abc.net.au/news/2016-05-17/malcolm-turnbull-to-back-down-on-backpacker-tax/7420102

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

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*** Read our earlier article about the new Student Visa structure here. ***

The new student 500 and student guardian 590 will commence from 1 July 2016

Features to include:

Three features we can comment on:

1.       The applications will be all electronic.

2.       The financial capacity requirements will be slightly higher:

The financial capacity requirements will be slightly higher:

Student: $19,830

Student Guardian: $19,830

Spouse or de-facto partner of student: $6,940

Any dependent children: $2,970

Simplified Student Visa Framework (SSVF)

The new simplified student visa framework (SSVF) will be influential in terms of the criteria for the student visa:

The DIBP website provides the following information:

“Under the SSVF, the combined immigration risk outcomes of the student’s education provider and country of citizenship will be used to guide the level of documentation relating to financial capacity and English language proficiency that the student would need to provide with their student visa application.”

The following chart if available from a factsheet for education providers:

“In the table S refers to streamlined evidentiary requirements while R refers to regular evidentiary requirements. Where regular evidentiary requirements apply the student will generally be required to provide evidence of their financial and English language capacity with their visa application.”

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

The shift to all electronic lodgements will be a major benefit to many applicants.  It will also allow the DIBP/DFAT to save money on staff costs.

We will provide more information about the specific requirements once they are available. In the meantime it is best that you submit your visa applications as early as possible to avoid any delays in starting your enrolled courses.

The simplification in visa classes and risk assessment criteria will be great for all involved.  The current system is very confusing and not user friendly at all.

This information is accurate on 07 May 2016

Sources:

1.     DIBP, SSVF factsheet- General information for education providers, May 2016

2.     Migration Institute of Australia, Reports to Members

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

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From 1 July 2016 the Australian student visa programme will be amended to having just two visa subclasses (currently there are EIGHT subclasses). The two visa subclasses will be Subclass 500 (Student) and Subclass 590 (Student Guardian).

By reducing the various student visa subclasses the Department of Immigration and Border Protection (DIBP) aims to introduce and apply the same criteria for all student visa applications. The criteria will include:

• enrolment requirements
• English language requirements
• financial capacity requirements
• Genuine Temporary Entrant (GTE) requirements

Current assessment levels and streamlined visa processing arrangements will be removed with case officers required to consider more factors to assess the genuineness and the need for individuals to provide evidence of financial and English proficiency. Case officers will be assisted by the new combined country and provider immigration risk framework that will help guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.

A condition will also be attached to the new student visas to determine if a new student visa is required if you change your education courses. There will also be no restrictions on bringing family for students studying for less than 10 months.

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

The changes announced to the student visa programme come as a result of the “Future Directions for Streamlined Visa Processing Report and Recommendations” report compiled in June 2015. While it sounds like the DIBP is heading in the right direction by streamlining the student visa application process, we will need to observe the adjustments made by the DIBP after July 2016 to find out if this is a better system.

We will provide more information about the specific requirements once they are available. In the meantime it is best that you submit your visa applications as early as possible to avoid any delays in starting your enrolled courses.

This information is accurate on 18 April 2016

Source:

1. https://www.legislation.gov.au/Details/F2016L00523/Download
2. https://www.border.gov.au/ReportsandPublications/Documents/reviews-and-inquiries/future-directions.pdf

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.

On 15 March 2016, the Department of Immigration and Border Protection (DIBP) introduced new provisions that allow priority processing of visitor visa applications for Chinese nationals. This program is being run as a trial for the moment, and may expand to include applicants of other nationalities at a later date.

The following are further details:

• The priority processing is only available to passport holders for the People’s Republic of China
• The request for priority processing is only available for applicants of the Visitor Visa Tourist or Business Visitor streams
• The fee for priority processing is A$ 1,000 in addition to the original visa application fee
• The method to request for priority processing differs according to your visa application lodgement method

While you can request for priority processing, there is no guarantee that the visa will be granted quickly. The DIBP repeatedly reminds you that the finalisation of the visa application also depends on factors such as the applicant meeting the health and character requirements. You cannot ask for a refund of the priority processing fee unless the visa application fee is refunded.

Therefore it is best that you prepare all necessary documents and complete all health and character checks before requesting for the priority processing.

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

The introduction of the priority processing looks positive in encouraging more visitors from China. It also demonstrates the improving bilateral ties between Australia and China. The option of priority processing may also facilitate travel plans for tourists and business visitors from China.

However it will be interesting to observe if the normal processing timeframe gets slower, inevitably forcing more applicants to choose the priority processing option. Furthermore the additional A$ 1,000 spent on applying for a visa may be perceived as a barrier to visit Australia, and may also reduce the amount of travel allowance available while visiting Australia. This means that the spill-over benefits to local Australian businesses and vendors will be reduced.

This information is accurate on 24 March 2016

Source:

https://www.legislation.gov.au/Details/F2016L00295/Download

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 Migration Review Tribunal, 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.