Binfeng Zhang

Changes to the 457 visa

Employer Sponsored Visa /

On the 25th of February 2014, the Department of Immigration and Border Protection (DIBP) announced the Independent Review of Integrity in the subclass 457 visa programme. More than twelve months later, it appears the Federal Government is announcing some changes to the 457 skilled visa program, which will help remove some of the rorts and abuse. There were 51 recommendations in total and the majority of these will be adopted by the government over the next twelve months. Below is a summary of what the government has and has not chosen to implement: Labour market testing will stay for now. This means employers are still required to test the local market for suitable employees before sponsoring someone on a 457 visa. The argument against the test is that it is costly, ineffective and does not achieve much. English language test will become more flexible. Applicants will now have to average a score of five across the four components, instead of passing each one. Penalties will be issued for sponsoring workers in exchange for payment. The DIBP will be cross checking pay records with the tax office. A skilled migration ministerial advisory council will be appointed. Money derived from the visa scheme will be used in a more effective way towards training programs for Australians. Businesses all over Australia, including farmers and miners are endorsing these changes and very happy with the outcome. We will provide you with regular updates as the government releases more information around the other recommendations they will be implementing. Click here to read more.

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Paramore

3-year tourist visas for Chinese citizens

Visitor Visa /

Australia will offer Chinese tourists a 3-year multiple entry visa in an attempt to catch up to countries such as Indonesia and the United States of America. The United States and Canada currently offer Chinese tourists a 10-year multiple entry visa, whilst those travelling to South Korea and Indonesia do not need a visa at all. Previously Chinese tourists requesting a 3-year multiple entry visa needed to receive a guarantee from their travel agents. Under the new laws, this will no longer be required. According to government sources, the visa is available and part of an extended trial period. Almost 790,000 Chinese tourists visited Australia between January to September 2014 and almost half of these tourists were repeat visitors. The Chinese tourists spent close to $5.4 billion, which roughly equals $6,900 spent per tourist. The number of Chinese tourists travelling overseas is expected to double to 200 million by 2020. It would appear Chinese tourism is definitely playing a big part in stimulating the Australian economy and, to a certain extent, directly employs 1 million Australians. It remains to be seen what other changes will occur to make it easier for Chinese tourists to visit Australia and how airports will cope with the increased demand.

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mara

Finding a Migration Agent

News /

The Migration Agents Registration Authority (MARA) has a registry of all current licensed agents, which allows you to find your nearest agent. This is not necessarily a reflection of the quality of the agent’s work, but it does mean the agent has studied Australian Migration Law at a reputable university. Have a go locating your nearest migration agents.

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Code of Conduct for Migration Agents

News /

There is a document called a Code of Conduct for migration agents, which lists an agent’s obligation to their clients. These obligations include: interactions with your clients; fees and charges, record keeping and financial management; responsibilities toward other agents; any employees an agent may have; the requirement for an agent to respond if a complaint is made against them. As a client, you should see this document prominently displayed in the waiting area of your agent’s office and on their website. The agent should provide you with a hard copy if you request to see it. Not abiding by the Code of Conduct means an agent could face a fine, suspension or de-registration. The Code of Conduct can be found here. Later posts will detail how to seek remedies towards an agent who has breached the Code of Conduct.

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Dealing-with-client-monies

Should I pay my agent Upfront?

News /

Most migration agents ask their clients to pay the full fees upfront upon signing a service agreement. Clients can sometimes feel as there is no option other than to comply or risk looking for another agent. However, as soon as the fee is paid, several questions immediately pop in their minds, such as: Will the agent still work hard for us now they have the money? What if the agent runs away with the money? What if the agent’s company goes into liquidation? All the above questions are extremely valid causes for concern. The Migration Agents Registration Authority has provided a guide for migration agents on how to fairly deal with clients’ monies. A reputable agent will from the beginning outline to the client the following: any fees paid upfront will be deposited into a Client’s Account; money is not to be transferred from the Client Account until the agent has issued the client an invoice for services completed AND the client has signed the invoice; if there are any monies left over at the end, the agent must explain to the client how the money will be refunded and approximately how long it will take. This should take no longer than 7 days as required by the Code of Conduct Having your fees in a Client Account means you are always guaranteed to have your money back regardless of what happens to the agent or their business. So, always remember to confirm your upfront fees are being deposited into a Client Account NOT an Operating Account.

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Am I paying too MUCH?

News /

Agents’ fees vary depending on a variety of factors including: Your visa application type. The amount of time it will take to prepare your application. The level of service you need. The complexity of your circumstances. The experience and qualifications of your agent. If your agent is a lawyer or has many years of experience, their fees might be higher. This is why it is difficult to ask a migration agent how much they charge for a particular visa type. An agent cannot provide you with an accurate quote until they have taken the time to understand your situation. This is also a sign of a good agent. However, the Migration Agent Registration Authority (MARA) has provided some guidelines on the price range for certain visa types. If the fee you are being charged appears to be above those published in the table, discuss this with your agent. The table is only an indication of what MARA believes to be fair. Have you been charged excessive fees? We would love to hear from you.

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Which visa is right for me?

News /

Which visa should I apply? For some of us this question is quite easy to answer, however for the majority of people it can be quite confusing because Australian Migration Law is always changing. For example, an international student graduates from university with an engineering degree and has already signed an employment contract with Rio Tinto for a role located in a regional Australian mining town. There are several questions the graduate student needs to answer: Should I apply as a general skilled migrant or ask to be sponsored by my employer? If I apply as a general skilled migrant, which of the 3 subcategories do I apply under? If my employer decides to sponsor me, which visa is the correct one? As you can imagine, these question can make things very confusing and applying for the wrong visa is not only a waste of time and money, but it can also mean you have to leave the country to apply for the correct visa. In this case, the graduate student could lose his employment contract. Below are some tips on finding the right answers: Tip #1 Do a quick search using the “Find a visa” tool on the Department of Immigration and Border Protection website (click here). This gives you a list of visas which may apply to your particular situation. Tip #2 Ask yourself “Do I want a permanent or temporary visa?”. This will allow you to eliminate some of the visas from the list in Tip#1. Tip #3 Ask yourself “Can I apply for the visa on my own or can I be sponsored?” This will eliminate some more visas from that list in Tip #1. Tip #4 Call up the Department of Immigration and Border Protection to see if they can help you determine which visa you should apply for. Bear in mind, the immigration officer on the other end of the phone may not always understand migration law and might just use the same steps I have already highlighted above. Tip #5 If you still cannot decide which visa is best for your situation, contact your nearest migration agent for a consultation. Migration agents are trained professionals in this area and are often more qualified than immigration officers in assessing your needs. Tip #6 Whatever you do, DO NOT take advice from friends or family who claim to have been through the same process. The reason behind this is everyone’s situation is different and the migration legislation could be quite different between when they lodged their application and the time you decide to lodge yours. We hope the tips will help you in finding the correct visa for your particular situation and we would love to hear back from you too. Please use the comments box below or alternatively use our contact form on our website to keep up to date with the migration world.

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