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Entrepreneur (subclass 888) Visa – Fee and charges amendment

The purpose of this amendment is to remove specific provisions that had been imposed only on applicants for this stream of the Subclass 888 visa.

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For Item 1104BA(2)(a) – the first VAC instalment payable at the time the application will be:

Base application charge – $2,305
Additional applicant over 18 charge – $1,155
Additional applicant under 18 charge – $575

This amendment commences on 19 November 2016.

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Nov 2016
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Changes to when certain Bridging visas cease

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Have a question about a visa or sponsorship? Get in touch here.

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This amendment refers to the following bridging visas:

Subclass 010 (Bridging A)
Subclass 020 (Bridging B)
Subclass 030 (Bridging C)
Subclass 050 (Bridging (General)
Subclass 051 (Bridging (Protection Visa Applicant)

The effect of this amendment is that the above bridging visas will cease a fixed period after a relevant decision or purported decision is made, by the Department of Immigration and Border Protection or the relevant review authority, in relation to certain application processes.

The validity period of the above bridging visas has also been extended for various triggering cessation events. As a very extensive and varied list of these events are included in the provisions for each of these bridging visas, MIA members are encouraged to check these carefully for clients who may be affected by the changes to the cessation date.

In most cases the cessation will occur:

35 days, rather than 28 days, after the relevant event occurs; or
14 working days, rather than 7 working days, after the relevant event occurs.

The whole of this Instrument will commence on 19 November 2016.

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Ten year validity visitor visa stream

This amendment creates a new Subclass 600 (Visitor) visa stream to be known as the Frequent Traveller stream for frequent travellers which permits both tourism and business visitor activities and allows up to 10 years’ validity.
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The Schedule 2 criteria will be that the applicant intends to visit Australia:

(a) as a tourist; or

(b) to engage in a business visitor activity.

The base VAC for this visa will be $1000.

The visa will allow the visitor multiple entry with a stay of 3 months after each entry. The visitor must not stay in Australia for more than 12 months in any period of 24 months.

The visitor must undergo a medical assessment if requested by the Minister in writing to do so.

This visa stream is only be available to citizens of certain countries which will be specified in an instrument. Initially, this visa will only be available to Chinese nationals.

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Temporary Activity Visa changes 2016

Legislative Instrument – F2016L01743 – Migration Amendment (Temporary Activity Visas) Regulation 2016, specifies the changes to the Temporary Activity Visas on 19 November 2016.

As this Amendment is a very large document, a brief summary is provided here for MIA members and a more detailed explanation will follow.

The Regulation repeals five visas:

  • Subclass 401 (Temporary Work (Long Stay Activity)) visa;
  • Subclass 402 (Training and Research) visa;
  • Subclass 416 (Special Program) visa;
  • Subclass 420 (Temporary Work (Entertainment)) visa; and
  • Subclass 488 (Superyacht Crew) visa.

Creates two new visas to replace the repealed visas, the Subclass 407 (Training) visa and the Subclass 408 (Temporary Activity) visa.

A new single class of sponsor for these visas, called the ‘temporary activities sponsor’. This class of sponsor replaces six classes of sponsors:

  • professional development sponsor;
  • special program sponsor;
  • superyacht crew sponsor;
  • long stay activity sponsor;
  • training and research sponsor; and
  • entertainment sponsor.

The requirement for sponsors to complete a nomination in relation to sponsored visa applicants have been removed for all but the occupational training stream of the Subclass 407 visa. Retaining nominations for occupational trainees is beneficial for the visa holders in this cohort, as it enables movement between sponsors without the additional burden of a visa application.

The Regulation also makes minor amendments to the Subclass 400 Temporary Work (Short Stay Activity) visa and the Subclass 403 Temporary Work (International Relations) visa.

A uniform $275 visa application charges will apply to the new Subclass 407 and Subclass 408 visas, and the existing Subclass 400 and Subclass 403 visas. This pricing structure introduces greater equity and fairness into the visa pricing structure.

Online lodgement for sponsor, nomination and visa applications will become available on 19 November 2016 with the introduction of the new visas.

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Have a question about a visa or sponsorship? Get in touch here.

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457 Visa Changes from 19 November 2016

There are a number of key changes to the 457 visa sponsorship program from 19 November 2016:

> From 19 November 2016, the period that a primary subclass 457 visa holder can remain in Australia after their employment ceases will be reduced from 90 days to 60 days. This change would apply to subclass 457 visas granted on, or after, 19 November 2016.

> The definition of “Member of the Family Unit” (MOFU) will be amended: only partners and children can meet the definition (other relatives are no longer permitted); ‘children’ are limited to individuals aged under 18; or between 18 and 23 only if they are dependent (an upper age limit has been added); or 23 or older only if they are physically or mentally incapacitated for work.

> The trigger that starts the clock on cessation of an associated bridging visas will now change from the notification date (which includes postage times) to the decision date, reducing the total period from a maximum of 35 to 28 days.

> The Restaurant (Fine Dining) industry labour agreement has been updated to include the occupation of Trade Waiter.

Have a question about a visa or sponsorship? Get in touch here.

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Woodridge Migration Clinic

We met with a diverse range of clients at the Vinnies’s Migration Advice Service this weekend in Woodridge (QLD) – answering questions about Partner visas, a Sporting visa sponsorship, Humanitarian visas and more.

File 6-11-16, 4 03 12 pm

Seen here at St Paul’s Catholic Church in Woodridge with Peter Lee, the founder of Migration Advice Service, my former lecturer from Griffith University and mentor.

 

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Nov 2016
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