‘Migration & Visas’

New Visa Pricing Changes for Australian Visas

Tuesday, May 15th, 2012

A Department of Immigration and Citizenship client reference group has released a report on new visa pricing to be implemented on 1 July 2012 and 1 July 2013. There are various main points to highlight throughtout the report.

Read the rest of Owen Small’s blog entry here.


New Immigration Blog Launched

Monday, April 2nd, 2012

Ferguson Cannon Lawyers is proud to announce the launch of  its new website Visa Australia (www.visaaustralia.com.au). As one of Australia’s most well-known law firms for immigration law, we are glad to share our experience with everyone being interested in immigration topics. Please jump to www.visaaustralia.com.au and let us know what you think!


Seeking Qualified Beauty Therapist (457 Sponsorship Visa)

Monday, September 26th, 2011

This job offer has been sent to us recently. The recruiter is urgently looking for two qualified Beauty Therapists, offering a fantastic pay and conditions. Sponsorship for up to four years on the 457 visa, under the Regional Sponsor Migration Scheme will be provided. Please contact Owen Small from our migration team (+61 7 5443 6600) for further details regarding this exciting job offer.

At Evoke Beauty Massage & Day Spa, we are currently seeking two talented Diploma Qualified Beauty Therapists to join our team.

Both positions are Permanent Full Time Positions and are both immediate starts.

We are situated in Longreach, Central West Queensland. It is the  hub of the Outback!

Applicants must have the following:

-          Diploma in Beauty Therapy
-          Flexible to work on a roster

Applicant must be confident & perform at highest standard of treatments from waxing to spa.

If you also have qualifications in Acrylic & Gel Nails (highly regarded), as well as Remedial Massage Therapy (also highly regarded)
If you feel you possess the necessary qualities we are looking for, then please forward your resume to :

o.small@fclawyers.com.au       (please include copies of your qualifications & referees)


Blog Roll: New additions this week!

Monday, September 26th, 2011

Here is a summary of our most recent blog posts on our two blogs Australian Estate Law Today and Queensland Business Law Today. We also found some interesting articles on other blogs which we would like to share with you! We hope you enjoy reading it!

Australian Estate Law Today

Key Personal Capital Insurance and Capital Gains Tax
Read through a list of specific key issues in Byron’s latest blog post, regarding Personal Capital Insurance and Capital Gains Tax.

Challenging a Will and Claiming against an Estate
Throughout Byron’s blog post, it highlights what is needed to claim against an Estate and what steps must be taken in order to challenge against a will.

New Facebook Page!
If you like to be up to date about the Australian Estate Law Today, like our new Facebook page!

Queensland Business Law Today

Insolvent Trading and Directors Personal Liability for it
Byron’s latest blog post highlights the liabilities directors face whilst trading insolvent and the various warning signs for insolvent trading.

What is a Business Will? Here is the answer!
Do you know what a Business Will is? Read Byron Cannon’s latest blog post to help gain an understanding.

Work Health and Safety – Company Directors Getting Ready for the New Laws
Are you company director and looking to know the new laws for Work Health and Safety? Byron underlines the changes coming into effect on 1st January 2012.

New Facebook Page!
The Queensland Business Law Today also has its own Facebook page which gives you access to all our blog posts from within Facebook. Simply click the link above and then click on “Like”!

Other blogs

Can a cyclist injured in an accident claim compensation?
Tindall Gask Bentley, a successful law firm from South Australia, gives answers to this frequently asked question. Read their interesting article here!

“I was injured in a Dog attack, can I sue?”
Mal Byrne, an Adelaide injury lawyer, states you may be able to in fact take legal action against the dog’s owner. Read Mal Byrne’s insightful article here.

 


Can my employer revoke my employer sponsored visa? Here is the answer!

Friday, August 5th, 2011

Once you have been granted Permanent Residency under any visa subclass such as the 121/856 your employer cannot revoke your visa.

However, if they feel that you obtained the visa fraudulently they can contact the Department of Immigration to report their grievance.

The Department of Immigration and Citizenship does have the power to investigate any claims that incorrect information has been provided in an application for Permanent Residency. If found to be correct then they can look at cancelling the visa.

If you have further questions to employer sponsored visas don’t hesitate to contact our migration team on +61 (07) 5443 6600 or Skype fcl_migration.


You want to convert a 457 visa to a permanent residency visa? Here is how it works!

Monday, July 25th, 2011

If you are in Australia on a 457 visa then the two most commonly used options to obtain permanent residency are the Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS). Both require sponsorship from an Australian business.

Going from the 457 to the ENS visa you must meet one of the following;

  • have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
  • have been nominated to fill a position with a base salary of more than AUD250 000 per annum (excluding superannuation or allowances
  • have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

Please note this is a brief overview of the options available and other eligibility requirements exist for the employer, employee and dependants. For further information please contact a member of our migration team to discuss options for the RSMS visa and other visa subclasses that may be an option.


What are training requirements for sponsors for a 457 visa? Here is the answer!

Friday, July 15th, 2011

For the 457 visa sponsors/employers to be approved under the standard business sponsorship must demonstrate that they meet training benchmark A or B. Benchmark A or B must be met by business who have operated their business for more than 12 months. The only exception is if the sponsoring business has been trading less than 12 months, in which case an auditable training plan can be provided.

For benchmark A you must show that you have;

Recent expenditure, by the business, to the equivalent of at least 2% of the payroll of the business, in payments allocated to an industry training fund, and a commitment, by the business, to maintain expenditure in each fiscal year, to that level, for the term of approval as a sponsor.

And Benchmark B;

Recent expenditure, by the business, to the equivalent of at least 1% of the payroll of the business, in the provision of training to employees of the business, and a commitment, by the business, to maintain expenditure in each fiscal year, to that level, for the term of approval as a sponsor.

For further assistance with an application and advising on how you can meet benchmark A or B or assist with an auditable training plan then please contact a member of our migration team.


How long should I wait for the residency after a case officer has been assigned?

Tuesday, July 12th, 2011

When a case officer is assigned they will then review the file and assess it again immigration policy for the visa subclass applied for.

At this point the case officer will either grant the visa or request further information in support of the application.

Further requests can include health, character, further employment evidence or clarification on any other points the case officer is not clear on.

The time taken to provide all this information back to the case officer will depend on the applicant sending everything back in a timely manner.

Once the case officer has everything to make a decision they will normally grant the visa within a few days. However the time taken for the case officer to review the file once assigned or granting of the visa can depend on a number of factors such as their work load, their holidays, sick days, public holidays and in some cases DIAC officers work job share so are only in the office 2, 3 or 4 days a week.

It is important to note there is no need to email or contact DIAC to make further enquiries as this only delays the process further. The more time taken replying to enquiries means less time for working on files.

Contact our migration team for further inqueries: +61 (07) 5443 6600 or Skype fcl_migration.


Can a small company sponsor overseas workers? Here is the answer!

Friday, July 8th, 2011

Yes, a small company in Australia can sponsor overseas workers! The most commonly used visa is the 457 visa which requires the company being approved as a standard business sponsor, the nominated position being approved and the worker being approved for a visa.

A few of the key requirements are:

  • The company must have Australian staff that does not include the directors or family
  • The sponsor must meet training benchmarks of their current Australian staff over the last financial year
  • The nominated position must be in an occupation on the 457 skills list
  • The salary offered must be above $49,330 and also meet market rates for the nominated occupation
  • The employee must show they have the required qualification and/or work experience to perform the job and hold any require licenses or registration

Smaller companies however can struggle to meet the training benchmark of having spent 1% of their payroll on training Australian staff or paying 2% of payroll into an industry training fund.

This is only a brief overview of the requirements for the 457 visa. Please contact a member of the migration team (+61 7 5443 6600) for a further in-depth assessment.


Are you a lawyer wanting to immigrate to Australia? This is what you need to know!

Monday, July 4th, 2011

The occupation of Solicitor/Lawyer is currently on the new Skills Occupations List for general skills migration. To apply for a visa under this program you need to meet a pass mark of 65 and either meet the pass mark independently or you can be sponsored by a state or territory government or a close family member in a regional area of Australia.

In addition to meeting the points test requirements such as English requirement, work experience and qualifications you also must have a skills assessment by the appropriate authority. This must be completed before an application is made.

Skills assessment authority

Before you can migrate to Australia as a skilled migrant you must have your skills assessed by the relevant national assessment authority. The assessment authority for your occupation is the Legal Admission Authority of the state or territory you want to practise in.

New South Wales

New South Wales Legal Profession Admission Board
See: New South Wales Legal Profession Admission Board

Victoria

Supreme Court Victoria
See: Supreme Court Victoria

Queensland

Queensland Law Society
See: Queensland Law Society

South Australia

The Law Society of South Australia
See: Admission and Practice in SA

Western Australia

Western Australia Legal Practice Board
See: Western Australian Legal Practice Board

Tasmania

The Law Society of Tasmania
See: Tasmanian Board of Legal Education

Northern Territory

Law Society Northern Territory
See: Law Society Northern Territory Admissions Board

Australian Capital Territory

The Supreme Court of the Australian Capital Territory
See: The Supreme Court of the Australian Capital Territory

Permanent visas are also available if you are sponsored by an Australian law firm to practice as a solicitor under Employer Sponsored Visas. Whilst there is no points test other eligibility criteria will apply for the sponsor and applicant, however the skills assessment and registration/licensing will still be required.

For a further assessment of your options please contact a member of the migration team on +61 (07) 5443 6600.